Can you sue a doctor for misdiagnosis?
When a doctor’s behaviour doesn’t meet the appropriate standard of care, and as a result, you suffer injury or loss, you may be eligible to sue your doctor for compensation.
Misdiagnosis is one of the most common forms of doctor negligence that causes unreasonable harm to individuals due to incorrect treatment. If you’ve been misdiagnosed, you may be entitled to claim compensation for doctor malpractice. You may also be entitled to doctor negligence compensation if:
- A missed or delayed diagnosis that results in treatment delay or no treatment at all
- Failing to diagnose a related or unrelated illness, where you’re treated for one condition but your symptoms are caused by more than one
- Failing to obtain a proper medical history
- Failing to refer you to an appropriate specialist
- Failing to advise on potential side effects and risks relating to treatment or medication
How to report a GP for negligence
Reporting a GP for negligence can be stressful and overwhelming without legal representation, particularly at an already distressing time. With a specialist doctor negligence lawyer on your side, you’ll have access to the knowledge and experience required for a successful claim, so you can receive the compensation you deserve.
Steps that our experienced team often take to ensure your case is successful include:
- Your doctor negligence lawyer will assess your situation and let you know if you have a valid claim
- Our team will review your medical records to determine whether they support doctor malpractice allegations
- Our team will consult with one or more qualified medical professionals and obtain written reports that back up your allegations
- Once the likelihood of success is established, we’ll advise you of your options
- If you decide to proceed, we’ll prepare and substantiate your claim – all on a No Win No Fee basis
Contact us online using our free online claim checker or call 1800 455 725to talk to our specialist team of lawyers about starting a doctor negligence compensation claim.
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FAQs
What is an example of misdiagnosis?
Misdiagnosis is any diagnosis by a doctor or medical professional that results in incorrect treatment.
For instance, if a patient went to a doctor with chest pain and the doctor diagnosed the patient with indigestion when the chest pain was an early sign of a heart attack, that doctor would be misdiagnosing the patient. Treatment for indigestion would be incorrect, and the patient could experience severe harm or death as a result. This misdiagnosis would be doctor negligence due to their failure to perform medical tests and ask adequate questions to determine the true cause of the chest pain.
How do you prove doctor malpractice?
To prove doctor negligence, you must prove that a doctor had a duty of care and that they breached that duty of care by providing treatment that was below the standard of care and skill required by a doctor.
You also need to prove that the injury caused by the doctor’s negligence would have been avoided if your care had been appropriate. To prove this, a thorough assessment by other medical experts is often needed to conclude that the original doctor had been negligent.
What is the duty of care for a doctor?
All doctors are legally obligated to provide an acceptable standard of reasonable care to their patients. This legal obligation is a duty of care that covers all the ways in which a doctor is called upon to use their skill, knowledge and judgement to take precautions against the risk of harm.
How much can I claim for doctor negligence?
Injuries and illnesses caused by doctor negligence often result in financial stress, unplanned expenses, time off work, and unnecessary pain and suffering. The compensation you may be entitled to depends on your individual circumstances but typically ranges from tens of thousands to hundreds of thousands of dollars. Depending on your situation, you may be entitled to claim:
- Lost income
- Medical expenses
- Travel expenses to and from medical appointments and treatment
- Domestic assistance for help with home duties
- Pain and suffering
- Future lost earnings
If you’ve received negligent treatment from a doctor, you should seek legal advice as soon as possible to assess your claim. Contact us online using our free online claim checker or call 1800 455 725to begin a doctor negligence compensation claim with LHD Lawyers.
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