have you suffered due to a Medical Misdiagnosis?
If a hospital or medical practitioner fails to recognise the disease or condition causing a patient’s signs and symptoms or if they mistake the disease for something else, it may be the basis for a medical misdiagnosis claim.
A misdiagnosis can result in wrong or inappropriate treatment and a crucial delay in the correct diagnosis and treatment of a condition. The Carbone Lawyers team includes medical misdiagnosis lawyers who will advise you on how to proceed with your claim.
Medical misdiagnosis negligence may include:
- Failure to correctly identify a disease or condition
- Diagnosing the wrong disease condition
- Failure to provide the correct treatment
- Failure to refer a patient for specialist advice
- Incorrect reporting or interpreting of test results
- Unnecessarily operating and even, in some cases, removing perfectly healthy organs
Medical Misdiagnosis FAQs
Can you sue for misdiagnosis in Australia?
While often harmful, misdiagnoses often don’t entitle a patient to compensation. For a misdiagnosis to be an example of medical negligence it must both cause injury or harm for the patient that would not have otherwise happened and that it be a result of the medical professional(s) exhibiting skill or care at a level below what could be expected of someone in their position.
When can you claim compensation for medical negligence after a misdiagnosis?
Provided the misdiagnosis damaged you or, in the instance of some fatalities, a loved one, medical negligence claims following a misdiagnosis have the potential to be successful if the misdiagnosing medical professionals weren’t exercising the level of care or skill that could be expected of their peers and in doing so caused the misdiagnosed patient demonstrable harm they otherwise wouldn’t have experienced.
How do you lodge a medical misdiagnosis complaint in Victoria?
As well as lodging a complaint with your healthcare provider and the Health Complaints Commissioner of Victoria, the experts at Carbone Lawyers can help you assess your options to pursue compensation, and, if you have sufficient grounds to claim compensation, collect the necessary evidence and negotiate to achieve the compensation you deserve.
Can I claim compensation for a delayed diagnosis?
Yes, provided the majority of the medical professional’s peers would’ve made the correct diagnosis earlier and this delay has caused you harm you wouldn’t have otherwise endured. For example, a delayed diagnosis of cancer allowing the disease to spread and become fatal where most doctors would have come to the correct conclusion at the time the patient was misdiagnosed would likely provide grounds for the patient to seek compensation through a medical negligence claim.
How long do I have to file a claim for medical misdiagnosis?
Typically for adults, claims must be lodged within 3 years of the date the negligence and injury should have been discovered. If you aren’t sure whether you’re too late to initiate a claim, reach out to the experts at Carbone Lawyers for a free claim assessment.
