Delayed Diagnosis

  • Overview & Examples
  • What You Need To Know
  • Client Reviews
  • Specialising Lawyers
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Overview

Delayed Diagnosis

Patients rely on their doctors to diagnose their conditions correctly and treat them in a timely manner. If a doctor fails to diagnose a patient’s condition correctly or fails to recognise the signs and symptoms of a condition when they are first reported to the doctor, the consequences for the patient can be devastating.

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Examples

Due to a failing in the duty of care provided by a medical professional, the consequences of a delayed or misdiagnosed ailment can include:

  • Requiring extra treatment in the form of medications, procedures or surgery.

  • Having a poorer outcome overall than would have been the case if the condition had been diagnosed correctly or sooner.

  • The amputation of limbs, stroke or even death in extreme cases.

If you have been the victim of a delayed diagnosis, a misdiagnosis or another error in diagnosis by a medical professional then you may have a medical negligence claim.

What You Need To Know

Are You Eligible to Make a Medical Negligence Claim?

It is not uncommon for medical negligence claims to involve an allegation that there has been a delayed diagnosis by a treating doctor or other healthcare professional.

In establishing medical negligence, it is necessary to satisfy a court that the failure to diagnose correctly or efficiently resulted in injury, loss or damage. That is, a failure to diagnose in itself may not be sufficient to establish liability on the part of the doctor or the healthcare professional. However, if an incorrect or late diagnosis has led to loss, injury or damage, then you may be able to make a medical negligence claim.


Why Are Brydens Lawyers the Right Representation for You?

If you believe you are the victim of medical negligence, then we can help. Brydens Lawyers are the experts in the prosecution of medical negligence cases. Our firm has medical malpractice lawyers who are experts in their field, as well as a panel of medical experts available to give evidence in court against doctors, hospitals or other healthcare practitioners who have been negligent in the treatment of their patients.

Our medical negligence lawyers specialise in reviewing medical records, liaising with medical experts and breaking down complicated legal and medical issues for our clients. This is to ensure that clients of Brydens Lawyers are kept properly informed every step of the way so that they can understand the process and what is involved in a successful medical negligence claim. Medical negligence law and personal injury law can be complex, and our team of professionals are here to help you navigate the different processes involved in making medical negligence claims.

Brydens Lawyers has a ‘No Win – No Fee’ policy. This means that if your personal injury or compensation claim is unsuccessful, then we do not get paid. If you would like to know about our policy, then please visit our no win – no fee page.


What Kind of Medical Negligence Compensation Can You Claim?

If you are a victim of medical malpractice, then there are different types of damages available that you may be able to claim: 

  • Non-economic loss, which includes damages for pain and suffering.

  • Past and future medical expenses and out-of-pocket expenses.

  • Loss of income and any damage done to your ability to earn an income in the future. 

  • Past and future loss of superannuation benefits.

  • Past and future paid services such as home cleaning or nursing assistance.

  • The value of services provided to you by family and friends without charge.

  • Past and future medical aids and equipment such as wheelchairs.

  • Home modifications such as those required to make a home wheelchair accessible.

  • Vehicle modifications.

  • Additional costs incurred in connection with continuing disabilities, for example, additional cost of holidays due to special needs. 

  • A contribution towards your legal costs and disbursements.

Medical malpractice claims vary. Damages are very specific to each individual’s situation and assessing your claim for damages will be a central part of the service provided to you by our medical negligence team.


When Should You Consult a Lawyer About Making a Claim?

If you have suffered from any form of medical negligence, then you need to engage proper legal advice and representation as soon as possible. There are strict time limits around lodging a medical negligence claim, so you must consult a legal representative early to ensure your claim is lodged within the allowed timeframe. This is true even if your treatment is ongoing.


Our Experience

How We Can Help You with Your Medical Malpractice Claim

Delayed or incorrect diagnosis is not an uncommon type of medical malpractice case. At Brydens Lawyers, we can help you make a successful medical negligence compensation claim. Here are just some examples from past Brydens Lawyers clients we have been able to assist:

Client matter:

As a result of a delayed diagnosis of biliary atresia at birth, our client did not receive proper medical treatment in the time frame required, meaning he suffered serious complications including a liver transplant and cancer.

The outcome:

He was entitled to claim for his pain and suffering, loss of income, past and future medical expenses as well as past and future care and assistance.

Client matter:

Our client suffered injuries to her face, body and ankle in an assault. The hospital where she was treated for her injuries dismissed our client’s complaints of pain in her face. Her general practitioner subsequently dismissed her ongoing complaints based on the hospital’s assessment.

The outcome:

Our client suffered for 2 years before the fractures to her face were confirmed and surgically addressed. She is entitled to claim for her pain and suffering, past and future medical expenses and past and future wage loss.

Client matter:

Our client underwent a colonoscopy and the treating doctor failed to diagnose the adenocarcinoma at the time. He was formally diagnosed 3 years later with late-stage terminal cancer.

The outcome:

He was entitled to claim for his pain and suffering, past medical expenses, past and future wage loss and past and future care and assistance.

We can help you reach the outcome you deserve when seeking compensation for medical malpractice. To discuss your case further, contact our team today.

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