What to do about Misdiagnosis of Asthma

How can I prove negligence in a claim for misdiagnosis of asthma compensation on behalf of my son?

Misdiagnosis of asthma compensation falls under the banner of medical negligence, and eligibility to claim misdiagnosis of asthma compensation differs from “standard” personal injury compensation claims. A standard personal injury compensation claim can be made if an injury has been caused by the negligence of a third party. In such cases, it is only necessary to prove that a third party has caused an accident and is therefore liable for your injuries.

A claim for misdiagnosis of asthma compensation will also need to demonstrate that there has been medical negligence; in this case that of a doctor or hospital. Although any misdiagnosis of a health condition could be due to medical negligence, this will need to be proven by medical experts. A misdiagnosis of a medical condition is not necessarily medical negligence.

Medical negligence claims also require a personal injury to have been suffered. No misdiagnosis of asthma compensation will be awarded if your son has not suffered health problems due to the misdiagnosis such as being prescribed the wrong medicine. A delay in treatment must have had a detrimental effect on your son´s health in order for a misdiagnosis of asthma compensation claim to be successful.

Medical experts need to be consulted to determine whether the doctor who misdiagnosed asthma should have been able to do so under the circumstances, after being presented with your son´s symptoms. If it can be determined that a competent and attentive doctor could have correctly identified the condition, and that a subsequent injury could have been prevented by an early diagnosis, then a claim for misdiagnosis of asthma compensation is likely to be successful.

We recommend that you speak to a medical negligence solicitor for advice. You will find out if a misdiagnosis of asthma compensation claim is possible, what you must do next, and a medical negligence solicitor will help you to determine – with the assistance of skilled medical experts – whether the misdiagnosis was due to medical negligence. If it can be proven ‘on the balance of probabilities’ that medical negligence was the cause, and that subsequent injuries could have been avoided, a claim for misdiagnosis of asthma compensation will be possible and will stand a good chance of success.