Our Hobart lawyers are experienced in handling complex medical misdiagnosis claims.
We practice in the ACT, WA, NSW, VIC, & Tasmania.
When a medical professional diagnoses – or fails to diagnose - an illness or condition, the consequences of a mistake can be extremely serious. If the mistake comes from the negligence of a medical professional, you might have a claim.
Blumers Personal Injury Lawyers Hobart are experts in medical misdiagnosis claims. Our team of lawyers and clerks work hard to understand your needs, support you through the legal process and achieve justice for you following medical misdiagnosis.
Blumers can help you to work out if you have a claim and pursue it for you on a “no win no fee” basis.
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What is Medical Misdiagnosis
Medical misdiagnosis occurs when a medical professional fails to establish an accurate and timely explanation of the patient’s health problem or fails to communicate that explanation to the patient. Essentially, misdiagnosis is diagnosis that is delayed, wrong, or completely missed. A delayed diagnosis is a diagnosis which should have been made earlier and causes delays in treatment. A wrong diagnosis occurs when a patient’s symptoms are attributed to the wrong cause resulting in incorrect treatment. A missed diagnosis refers to a situation in which a patient’s medical complaints are never explained resulting in no treatment at all. Misdiagnosis can have serious consequences for the patient including deterioration of their condition, permanent injury or in extreme cases, death.
An estimated 140,000 cases of diagnostic error occur in Australia each year resulting in 21,000 cases of serious harm and up to 4000 deaths. Almost one in two claims against general practitioners relate to diagnostic error.
Causes of misdiagnosis include:
- Inexperience or overconfidence;
- Failure to listen to the patient properly and obtain a complete medical history;
- Failure to order the correct medical tests;
- Misinterpretation of test results;
- Failure to follow up test results, make referrals and notify patients; and
- Incomplete communication when patients are transferred between facilities, doctors, or departments.
Types of Medical Misdiagnosis
You may be unsure about whether you have experienced medical misdiagnosis. Some examples of medical misdiagnosis are:
- A patient is given a clear result after a mammogram but is subsequently diagnosed with breast cancer which should have been identified through the mammogram.
- A patient’s stomach pain is diagnosed as irritable bowel syndrome (IBS). After two years of treatment for IBS, tests reveal advanced bowel cancer;
- A patient’s chest pain is diagnosed as indigestion or anxiety resulting in the patient experiencing a heart attack;
- A doctor fails to recognise abdominal pain as appendicitis resulting in the patient experiencing a ruptured appendix;
- A doctor fails to recognise the early signs of stroke resulting in the patient experiencing a significant loss of function;
- A doctor orders tests for a patient. The test results indicate kidney problems, however, the doctor does not advise the patient until their next visit some months later. By this time the patient is diagnosed with kidney failure and requires dialysis.
When You Should Seek a Second Opinion for Medical Diagnosis
A second opinion is when you visit another doctor, medical specialist or healthcare professional to ask for their opinion. You should seek a second opinion if you are not confident about your doctor’s medical advice, diagnosis or treatment plan or even if you just want to confirm that the diagnosis is correct or that the planned treatment is your best option. A second opinion allows you to compare the medical advice. It can give you confidence if both doctors agree, or it can provide you with a different view of your health condition and your medical options.
You are entitled to ask for a second opinion. Although it may feel awkward raising this with your doctor, it is a common request and your doctor should understand. In some cases you can make an appointment with a different doctor without discussing this with the first doctor. However, it is best to ask your doctor for a referral and for them to provide any medical records or test results to the second doctor. This may save you from having to retake medical tests. It can also help make it easier for the second doctor to make a diagnosis and recommend treatment.
Frequently Asked Questions
How do I know that I have a medical misdiagnosis claim?
If you feel that you may have been injured as a result of medical misdiagnosis, Blumers Hobart can help to navigate the complex field of medical negligence law for you. Contact us to make an appointment to discuss.
It costs you nothing to make an enquiry. If you are not sure that medical misdiagnosis has occurred in your case but you feel that something about your treatment was not right, contact Blumers Perth now.
How much does it cost to make a medical misdiagnosis claim?
Blumers Perth will not ask for money up front to pay for expert reports and court fees. We operate on a no win, no fee basis, which means that you do not pay us for our fees or the amounts that we have spent on your behalf unless you win your case.
If my medical misdiagnosis claim is unsuccessful do I still have to pay you?
No. If your case is unsuccessful you do not have to pay.
How much compensation can I expect to receive for a medical misdiagnosis claim?
Blumers Perth will not be able to answer that question until we have a lot of information about the nature of your claim, the prospects of success, the seriousness of your injuries and the effect of your injuries on your life.
Will I have to go to Court?
Most claims resolve in conference or at mediation rather than going to Court. We start by notifying your claim and issue court proceedings in a timely manner to protect your interests. If the insurer is not prepared to pay what your claim is worth, we will proceed to Court.
Will other people know that I am making a medical negligence claim?
The fact that you are a client of Blumers Perth remains confidential, except for the purposes of dealing with your claim. If your case does go to a court hearing, then that information will be available to the public.
Contact Our Team in Tasmania Today
If you think that Blumers Lawyers Hobart can help you, request a free, no-obligation video conference, teleconference or face to face meeting now. If you prefer, we can come to you. Call us, email us or book online to discuss your claim.