Tuesday, 30 April 2013

What to do about Misdiagnosis of a Heart Attack

Is misdiagnosis of heart attack compensation awarded when symptoms of an impending heart attack have been explained to a doctor, and the doctor failed to diagnose correctly, only for a heart attack to be suffered later the same week? If so, how much compensation can be claimed?


Eligibility to claim misdiagnosis of heart attack compensation depends on a number of different factors. While it is possible that a claim for misdiagnosis of heart attack compensation can be made in your case – a visit was made to the doctor with symptoms of impending heart attack, a misdiagnosis occurred, and an injury was suffered – a misdiagnosis of heart attack compensation claim needs to be thoroughly assessed before it can be determined whether it was caused by medical negligence.

Claims for misdiagnosis of heart attack compensation can only be made when the misdiagnosis involved a failure in a duty of care to a patient. If it can be demonstrated that a competent doctor would have been able to diagnose symptoms of impending heart attack under the same circumstances, you should have a strong claim for misdiagnosis of heart attack compensation.

An examination of a patient should be accompanied by a check of the patient´s medical history, any family health problems, a patient’s general health and lifestyle, and the age of a patient. All of these factors can have a significant bearing on whether the symptoms presented indicate an impending heart attack, or if they are more likely to be due to another health problem. If a doctor has failed to check all of these factors, it could amount to medical negligence and compensation for misdiagnosis of heart attack can be claimed. 

Claims for misdiagnosis of heart attack compensation will not be possible if a correct diagnosis was unlikely to be made by any medical professional under the same circumstances. However, when it can be proven ‘on the balance of probabilities’ that the misdiagnosis was avoidable, and when a heart attack could have been prevented with the provision of medication, misdiagnosis of heart attack compensation is possible, and a claim will have a good chance of being successful.

If you visited a doctor and angina was not diagnosed, and diagnostic tests were not prescribed, or their results were misinterpreted, you should speak with a medical negligence solicitor for advice about making a claim for misdiagnosis of heart attack compensation at the earliest possible opportunity.

Misdiagnosis of heart attack compensation awards will vary from case to case, depending on the pain suffered and any loss of amenity which have resulted due to an avoidable heart attack. Out of pocket expenses and medical treatment costs caused by the misdiagnosis can also be factored into a compensation claim.  Accurate misdiagnosis of heart attack compensation amounts can be calculated by a medical negligence solicitor after investigating your claim.

Monday, 8 April 2013

What to do about Misdiagnosis of Autism



Is a claim for misdiagnosis of autism compensation possible when a child has been wrongly diagnosed with epilepsy rather than autism? My son has been on epilepsy medication for months as a result of a misdiagnosis. He has recently been diagnosed as being autistic, and does not have epilepsy.

Misdiagnosis of autism compensation can be claimed when a child has either been diagnosed with autism when another condition was to blame, or when autism is not diagnosed and a child is actually autistic. Provided that a child has been injured as a result of the misdiagnosis of autism, compensation claims can be made. However a medical negligence compensation claim has potential to become highly complicated and you should seek specialist legal advice about making this type of medical negligence compensation claim.

The main problem with a compensation for misdiagnosis of autism claim is that there are no diagnostic tests available which can correctly diagnose autism. Autism is not a disease, neither a reaction; it is a developmental neurobiological difference in brain function. The only way that autism can be diagnosed is by observation of a child’s behaviour. Since many conditions often produce similar behavioural traits, the misdiagnosis of autism is sadly common. This is often compounded by the fact that many doctors lack experience in dealing with the symptoms and characteristics of the condition.

Misdiagnosis of autism compensation claims, as with any medical negligence claim, require proof that a doctor has made a misdiagnosis that is a breach in a duty of care to a patient, and that a competent doctor would have been able to correctly diagnose the condition under the same circumstances. With the wide range of symptoms displayed by autistic children, it may not be reasonable for any doctor to have made a correct diagnosis. If this is the case, a claim for misdiagnosis of autism compensation may not prove to be successful.

Early identification of autism can greatly benefit an autistic child, as learning and treatment programs can be developed to limit problems with the disorder. When autism is not correctly identified and is attributed to another medical condition, it involves incorrect medication being administered which can adversely affect the health of a child. In the case of your son, as long as the delay in diagnosis or the incorrect medication has led to an injury being sustained – psychological or physical – you should have grounds to make a misdiagnosis of autism compensation claim due to the medical negligence of your doctor for the wrong diagnosis. You should speak with a specialist medical negligence solicitor for advice about making a misdiagnosis of autism compensation claim on his behalf.