Can I pursue a medical negligence claim for a misdiagnosis?

Australian doctors and healthcare providers have a duty to exercise reasonable skill and care when treating and diagnosing their patients to avoid causing them harm. When a medical professional misdiagnoses a condition or illness, it can have serious repercussions on the patient’s health and well-being, and could pave the way for a medical negligence claim.

In this blog, we will build on our earlier article titled "Medical negligence claims in Queensland" and explore what failed or delayed misdiagnosis is, the adverse consequences it can have on patients and when a misdiagnosis may give rise to a medical negligence claim for compensation. 

What is medical misdiagnosis?

Medical misdiagnosis describes when a doctor or healthcare provider makes an error when diagnosing a patient’s condition or illness. Medical misdiagnosis is an umbrella term which encompasses the various ways in which a doctor or medical professional makes a mistake when either providing a patient with a diagnosis of their condition or by failing to provide a diagnosis at all.

The three most common types of misdiagnoses which can potentially give rise to a medical negligence claim are:

1. Missed diagnosis

This refers to when a doctor or medical professional has failed to diagnose a patient’s condition entirely.

2. Delayed diagnosis

This occurs when a patient’s condition is not diagnosed by a doctor or medical professional within a reasonable timeframe.

3. Wrong diagnosis

This describes when a doctor or medical professional diagnoses a patient with an incorrect condition.

Although a medical misdiagnosis can have significant consequences on a patient’s health and well-being, it will not automatically give rise to a medical negligence claim for compensation.

A brief overview of medical negligence claims

Medical negligence claims provide compensation to individuals who have been harmed because a medical professional or healthcare provider failed to treat them with the reasonable care and skill expected from the Australian medical community.

For a successful medical negligence claim, it must be proven that:

1. the doctor/medical professional owed the patient a duty of care;
2. the doctor/medical professional breached that duty of care by an act or omission;
3. the patient suffered physical and/or psychological harm; and
4. the breach of the doctor/medical professional’s duty of care caused the patient harm.

Due to the special vulnerability of patients who are experiencing health complications, and the extensive knowledge, expertise, and skill which medical professionals possess, it is accepted in Australian negligence law that the relationship between a doctor and their patient gives rise to a duty of care.

Medical professionals owe a duty to treat, advise and diagnose their patients to the standard of care which is expected. Under this duty, medical professionals must ensure the safety and well-being of their patients by avoiding acts or omissions which cause harm.

Medical negligence claims are, by their nature, very complex. Seeking advice and assistance from a lawyer experienced in personal injury claims, and in particular medical negligence claims, can optimise the success of your claim.

GET ADVICE FROM A PERSONAL INJURY LAWYER:  1800 659 114

When does medical misdiagnosis give rise to a medical negligence claim?

There are many ways in which a doctor or healthcare provider may breach their duty of care which results in a misdiagnosis.

By way of example, if a medical professional fails to refer a patient for the appropriate diagnostic examinations, or fails to refer them at all, it can result in a wrong or missed diagnosis. This can also lead to a delayed diagnosis, particularly if the doctor or healthcare provider does not follow up with a patient who presented with abnormal test results.

If it can be proven that the medical professional breached their duty of care or that another doctor in the same or similar position would not have acted in the same manner, then the patient may be entitled to bring a medical negligence claim against the medical professional.

Another element which must be established for a successful medical negligence claim is that the patient suffered harm as a result of the medical professional breaching their duty of care. When a doctor or healthcare provider misdiagnoses a patient’s condition or illness, it can have serious repercussions on the patient’s health and well-being.

A far too common consequence of medical misdiagnosis is its negative impact on a patient seeking and undergoing the appropriate treatment to address their condition and respective symptoms in a timely way. A wrong diagnosis may lead to the patient undergoing the incorrect treatment or no treatment at all, and a delayed diagnosis may result in an unreasonable delay in the patient receiving the appropriate treatment that would, more likely than not, have led to a favourable outcome for the patient.

A missed diagnosis potentially can result in the patient receiving no treatment at all. When a patient undergoes incorrect treatment, experiences an unreasonable delay in receiving the appropriate treatment, or receives no treatment at all, it may cause them physical injury and psychological harm with associated significant financial burdens.

If you have been misdiagnosed or there has been a delayed diagnosis of your medical condition and are unsure whether you have a medical negligence claim, you can speak about your circumstances to one of our experienced lawyers, who will advise whether it amounts to medical negligence.

GET ADVICE FROM A PERSONAL INJURY LAWYER:  1800 659 114

Compensation for a successful medical misdiagnosis claim

If you are successful in a medical negligence claim, you may be entitled to recover the following compensation:

• Pain, suffering and loss of life enjoyment;
• Medical, hospital and rehabilitation expenses incurred in both the past and future;
• Past and future loss of earnings and superannuation contributions;
• Care provided to you, either by paid professional services or gratuitously by family and friends; and
• Out-of-pocket expenses, including but not limited to:
  • medications;
  • travel expenses;
  • equipment; and
  • home or vehicle modifications.

Get help from a personal injury lawyer

At Hall Payne Lawyers, we understand that the medical negligence claim process can be very confusing and complex. Our medical negligence lawyers have extensive knowledge and experience and can help to ensure you receive the compensation you are entitled to.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au