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.