How to deal with a Misdiagnosis of a Stroke

Can my husband claim misdiagnosis of stroke compensation? He visited an emergency room the day before suffering a serious stroke but was diagnosed as having vertigo.

Misdiagnosis of stroke compensation may be claimed when a doctor was consulted after a patient had a stroke, or was experiencing the symptoms of an impending stroke, and the doctor failed to make the correct diagnosis in time to take action to prevent a serious injury being sustained. It may not have been reasonable to expect a correct diagnosis to be made under the circumstances, but if it can be proven ‘on the balance of probabilities’ that the doctor in question was negligent by making a misdiagnosis of a stroke, and therefore failed in a duty of care to your husband, a claim for misdiagnosis of stroke compensation will be possible.

As is the case with many young stroke victims, the age of a victim can blind a doctor to the correct diagnosis. Many young stroke victims have a mild or even severe stroke attributed to vertigo, alcohol consumption, inner ear infections or seizures, especially in an emergency room where junior doctors perform patient examinations. When ‘classic’ symptoms of an acute ischemic stroke are explained to a doctor – partial and temporary paralysis, trouble speaking clearly (aphasia), muscle weakness and blurred vision - the diagnosis of stroke is usually straightforward.

However there are many different types of stroke, many possible symptoms, and even an experienced doctor may not be able to quickly and easily identify that a stroke has occurred, or is about to happen. If a competent doctor could not be expected to make a correct diagnosis based on the symptoms and the circumstances, a misdiagnosis of stroke compensation claim would not be successful.

Misdiagnosis of stroke compensation cannot be claimed if the misdiagnosis has not led to an injury being sustained. If a delay in obtaining the correct diagnosis has not resulted in harm coming to a patient, there are no grounds to make a personal injury claim for compensation, even if the misdiagnosis of stroke was due to medical negligence. In your case, since a stroke was suffered only the day after the consultation, this appears to involve medical negligence and your husband should be able to claim misdiagnosis of stroke compensation.

In order to determine whether your husband is eligible to make a misdiagnosis of stroke compensation claim, we advise you to speak with a medical negligence solicitor for clarification as soon as possible.

What to do about Misdiagnosis of Diabetes

A misdiagnosis of diabetes has resulted in my daughter taking insulin injections four times a day for four months, after a type 1 diabetes diagnosis.  That diabetes diagnosis has now been ruled out, and she has started treatment for a pancreas infection.  Is it possible to claim compensation for this medical mistake?

A recent report issued by the Royal College of General Practitioners suggests that the misdiagnosis of diabetes  accounts for over 100,000 cases of diabetes in the UK which have been misdiagnosed, misclassified or miscoded. There are currently 2.4 million registered diabetics in England, and it has been estimated that 50,000 of these have been told that they have diabetes when they do not. In the case of Type 1 diabetes when insulin injections are required to help maintain blood sugar levels, if these are administered to a healthy individual they can cause damage to the body and can lower blood sugar to dangerous levels.

A misdiagnosis such as this could have caused serious harm to your daughter, and it could well be possible to claim compensation for this error due to medical negligence of the doctor or doctors who made the diagnosis. If the insulin injections and/or any other diabetic medicine have had an impact on your daughter´s health, you could be eligible to make a misdiagnosis of diabetes compensation claim.

Even though, in this case, there appears to have been a serious mistake made, in order to claim misdiagnosis of diabetes compensation you will need to enlist the services of a medical negligence solicitor. A misdiagnosis alone is not sufficient to warrant a compensation claim, even if there has been an injury as a result. It is only when the doctor or hospital has been deemed to be negligent that a claim for compensation can be made. A medical negligence solicitor would present the case to a panel of experts who would be required to decide if, based on the facts that were available at the time and under the circumstances that led to the misdiagnosis of diabetes, that a competent doctor would have been able take a different course of action which would have correctly diagnosed the problem; or that an adequate follow up would have highlighted the error sooner.

If it can be proven that this was a case of hospital negligence, you will be able to claim misdiagnosis of diabetes compensation for any harm to your daughter as a direct result of the diabetes treatment, or for any damage, pain and suffering as a result of the delay to the treatment of the pancreas infection.

Misdiagnosis of Symptoms of Impending Heart Attack

Is it possible to claim compensation for the misdiagnosis of symptoms of impending heart attack?

A misdiagnosis of symptoms of impending heart attack can have catastrophic consequences. The classic symptoms of an impending heart attack in men are pressure or pain in the chest and pain in the left arm - although not all cases present the same symptoms, and the severity of the symptoms may only be mild. Women tend to have different symptoms, which can include flu-like symptoms, shortness of breath, heartburn and pain between the shoulders. With women, many of these symptoms can be easily confused with other disorders and illnesses, and a misdiagnosis can be grave.

Even though the classic symptoms of a heart attack are well known by doctors and should be spotted, there are circumstances when the symptoms are far more likely to be due to other illnesses; such as with younger people, when a heart attack would be far less likely to occur. Whether classic or atypical symptoms were present, if the patient was discharged later that day after the misdiagnosis of symptoms of impending heart attack only to suffer from a crippling heart attack, it could be a case of medical negligence.

In such cases, the failure of a doctor to recognise the risks and make a misdiagnosis of symptoms of impending heart attack can be considered to be medical negligence, and as such if it can be proven that their actions or inaction prevented proper treatment from being received, and that the doctor´s breach in their “duty of care” directly led to injury or harm, it is possible to claim compensation.

If you have suffered as a result of a misdiagnosis of symptoms of impending heart attack, or a relative has died of a myocardial infarction when they had visited a doctor after displaying symptoms of an impending heart attack, you should consult a specialist medical malpractice solicitor for advice. If it can be proven that on the balance of probabilities that any competent and attentive doctor would have spotted the signs of a heart attack under the same circumstances, in time to take preventative action you will be eligible to receive compensation.

What to do about Lung Cancer Misdiagnosis

Can I claim lung cancer misdiagnosis compensation for lung cancer that was misdiagnosed as chronic obstructive pulmonary disorder? I have been told it is at stage 3, but I first visited a doctor over 8 months ago and lung cancer has only just been diagnosed.

A claim for lung cancer misdiagnosis compensation is often a complicated process in difficult circumstances. It can be particularly complex to diagnose lung cancer in the early stages as it rarely produces any symptoms. Lung cancer is often misdiagnosed as a lung condition with similar symptoms, such as chronic obstructive pulmonary disorder, causing a delay in receiving chemotherapy. Lung cancer is the second most common cancer suffered by people in the UK, but it is the most serious with a poor outlook for sufferers, especially when it has been allowed to progress to stage 3 or 4.

Although fewer than 10% of sufferers of lung cancer manage to survive the disease long term, the chances of recovering from lung cancer can be significantly improved when cancer is treated early in its development. A delay in receiving treatment at stage 1 or 2 may have allowed the lung cancer to spread to stage 3 which has affected the chances of treatment being effective.

When symptoms of lung cancer are present and a doctor makes a misdiagnosis, this could be medical negligence and compensation for lung cancer misdiagnosis should be possible. In your case you must be able to determine – with the help of medical experts – that the misdiagnosis and the delay in treatment resulted in the cancer progressing to stage 3, or that it significantly deteriorated due to the delay in diagnosis.

In order for your lung cancer misdiagnosis compensation claim to be successful, you must be able to determine ‘on the balance of probability’ that had a correct diagnosis been made in a more timely fashion, you would have stood a better chance of responding to treatment and that the misdiagnosis has caused you to come to harm. It must also be determined ‘on the balance of probability’ that a competent doctor would have recognised the symptoms of lung cancer, or the possibility that lung cancer was  present, and would have either made a correct diagnosis or requested the necessary tests to ensure that treatment could have been started. However the chances of success of lung cancer misdiagnosis compensation claims often depend on whether earlier treatment would have improved the chances of recovery.

In order to check your eligibility to claim, and to prepare the strongest possible case for lung cancer misdiagnosis compensation, we suggest that you consult a medical malpractice solicitor for advice as soon as possible.

What to do about a Septicaemia Misdiagnosis

Is it possible to claim septicaemia misdiagnosis compensation for the death of my 5 year old son? We think that our doctor should have recognised the symptoms of septicaemia and could have been able to save his life.

A claim for septicaemia misdiagnosis compensation is possible when there has been a failed diagnosis of the condition and when treatment was not been provided in an acceptable time frame. However due to the nature of the symptoms of septicaemia, it can easily be confused with other disorders. Even so, a doctor should have been aware of the symptoms of septicaemia and referred your son to a hospital for diagnostic tests.

Septicaemia and meningitis are the leading causes of death in children between 1 and 5 years of age and both illnesses have similar symptoms.  It should have been evident that your son was suffering from a serious bacterial infection, and that this should have warranted swift and decisive action by your GP – especially since a competent GP would have been well aware of the seriousness of both meningitis and septicaemia and the importance of rapid treatment.

If tests were not arranged in an acceptable time frame, it could be medical negligence and a claim for septicaemia misdiagnosis compensation will be possible for bereavement. In order to demonstrate to the courts that an award of septicaemia misdiagnosis compensation should be made, you will need to prove ‘on the balance of probabilities’ that your doctor has been negligent in a duty of care to your son, and that this negligence resulted in your son not receiving treatment in time to save his life. In a claim for septicaemia misdiagnosis compensation, this proof will need to come from medical opinion, which means that your son’s medical records will need to be assessed by medical experts.

A medical negligence compensation solicitor will be able to conduct a preliminary assessment of your claim, and will tell you if you are eligible to claim compensation for septicaemia misdiagnosis. A medical negligence solicitor will also make the necessary arrangements to have medical experts assess the case and provide testimony that the doctor concerned was negligent by not taking prompt action if this is deemed to be the case. If it can be determined that there was medical negligence and that your son’s life could have been saved, and a competent doctor would have been able to take action in time, you will be eligible to claim septicaemia misdiagnosis compensation for bereavement and there should be a good chance of your claim being successful.