Missed Diagnosis Claims
Missed/late diagnosis case
Getting to the bottom of your symptoms as quickly as possible is crucial to ensure you receive the right medical care and treatment. Where a medical professional has failed to recognise symptoms or provided an incorrect diagnosis, this can have a serious impact on your health.
Where a missed or late diagnosis has caused you injury, or in very unfortunate cases, the death of a loved one, you may be able to make a claim for compensation. L&M MediLaw can guide you through the process with compassion and understanding. Our team is led by Elizabeth Rose, a highly experienced and accredited medical negligence specialist.
We can provide our legal services on a no win, no fee basis. To discuss how we can help you with a missed or late diagnosis claim, call us today on 0141 471 3078 or complete our online contact form and we will get back to you right away.
Getting the right diagnosis
It may not be possible to diagnose your condition with one stand alone test. Many conditions can cause similar symptoms. For example, a fever, headache, or weight loss could be caused by a variety of illnesses. In these scenarios, your doctor will often use a technique called a ‘differential diagnosis’.
Differential diagnosis explained
A differential diagnosis involves making a list of possible conditions that could be causing a person’s symptoms which will be based on what the patient describes as their symptoms and any physical examination findings. After which, the doctor will try and narrow down the possibilities and reach the most likely diagnosis. They will take a full medical history, possibly perform a more in-depth physical exam or order one or more diagnostic tests if appropriate (for example, blood test, urine test, scan/x-ray). Your doctor may also refer you to a specialist if they themselves do not have the correct expertise to diagnose your condition.
It is not uncommon for it to take time for the true diagnosis to be reached and you may see more than one doctor before you receive your diagnosis and treatment plan.
If you aren’t satisfied with a diagnosis
If you have concerns about your diagnosis, you should share these with your treating doctor. You may also seek a second opinion.
In some unfortunate cases, a correct diagnosis has been missed or alternatively a diagnosis has been made much later that it should have. In some very unfortunate cases this can result in a death or life changing injury, particularly in serious illnesses such as cancer, stroke or heart disease/failure. In the most serious cases, an internal investigation will be triggered under the ‘NHS Duty of Candour’ procedure. Under this procedure the family/patient must be informed of the event and a full investigation into the facts completed by a review panel. This may include interview with the doctors involved and discussion with the patient or patient’s family.
Making a missed or late diagnosis claim
In instances of late or missed diagnosis that have caused an injury/death you may wish to take legal action. L&M MediLaw are there to guide you through the process and provide tailored accessible advice and specialist representation.
L&M MediLaw will ask you the three Ws, ‘who’, ‘what’, ‘why’.
L&M MediLaw will assess the case and confirm to you based on the information provided whether there are realistic prospects of the case succeeding. Once a case is open we will ingather all medical records and necessary information. This will be reviewed and if advised will instruct a suitable independent medical expert to comment on the action or inaction of the medical professional involved.
If the report or reports are supportive a claim will be intimated to the responsible individual/organisation. Once a response has been received and their position on your case evaluated then we will provide advice on whether the case is likely to settle without the need of court proceedings. If a court action is necessary L&M MediLaw will pursue your case tirelessly to ensure you obtain the best possible settlement.
In either scenario L&M MediLaw will guide you every step of the way and will maximise any compensation due to you.
Everyone should receive the best medical care possible. If you have been failed by a medical professional during diagnosis, L&M MediLaw can support you with compassionate, professional legal services. We have offices in Glasgow and Edinburgh city centre and serve clients all across Scotland.
To discuss a missed or late diagnosis claim with a solicitor you can trust, contact us today on 0141 471 3078 or complete our online enquiry form and we will get back to you right away.