What is medical misdiagnosis and who can I claim medical misdiagnosis against?
A medical misdiagnosis occurs when a healthcare practitioner either diagnoses an illness or condition incorrectly, or when they fail to diagnose the illness or condition at all. Medical misdiagnosis is dangerous as it can lead to wrong treatment or the absence of treatment.
Medical misdiagnosis claims can be made against healthcare providers that fail to provide their duty of care when examining, diagnosing, treating and advising you. If this is the case, they may be liable for the harm they have caused you.
What are the most common medical misdiagnosis claims?
The most common types of medical misdiagnosis claims can include:
- Delayed diagnosis of medical conditions (such as ovarian cancer, breast cancer, or illnesses usually detected through a diagnostic test)
- Cancer misdiagnosis (including bowel cancer, colorectal cancer, lung cancer or pancreatic cancer)
- Misdiagnosis that make an existing condition worse
- Failure to provide the appropriate treatment
- Failure to perform surgery or the appropriate post-operative care
- Incorrectly translating test results
Meet our Medical Negligence Specialists
FAQs
The failure to diagnose cancer or miscarriage misdiagnosis (or any other kind of medical misdiagnosis) can be devastating for both yourself and your family. Medical misdiagnosis is an extremely complicated area of law, so you’ll need to talk with a specialist medical misdiagnosis lawyer to discuss whether you have a case.
To prove your medical misdiagnosis claim, LHD Lawyers will need to be able to prove that:
- A medical practitioner/patient relationship existed between you and the accused
- The medical practitioner was negligent and did not provide you with appropriate treatment in line with an expected level of skill and manner
- The medical practitioner’s negligence caused harm or injury to you
LHD Lawyers operates on a No Win No Fee basis, so you’ll only pay our legal fees if you win your case. If your claim is successful, you’ll also be charged for the costs of the investigation and the legal work undertaken during the proceedings. However, disbursements (the payments we make to other people during your case) will need to be paid regardless if you win or lose. If your case isn’t pursued, then you won’t have to pay our fees.
Under your medical misdiagnosis claim, you may receive compensation for:
- • Medical expenses (past and future)
- • The cost of care and domestic assistance (whether provided by a professional or friends and family)
- • Loss of financial income
- • Pain and suffering
The team at LHD Lawyers are experts in medical misdiagnosis, and have been helping Australians receive the maximum amount of compensation through their claims for over 30 years.
Our convenient offices in Sydney, Melbourne, Brisbane, Port Macquarie, Taree and other regional centres make it easy for you to come in and have a no-obligation chat with us about your medical malpractice or medical misdiagnosis situation. We’ll be able to assess your case and decide with you what the best course of action will be.
Contact a friendly member of our team today for a free assessment.
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