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.
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.
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.
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.