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.

Thursday, 28 March 2013

What is Glomus Tumour Subungual Misdiagnosis



Can I claim glomus tumour subungual misdiagnosis compensation against my doctor? The tumour was particularly painful, and it took a month before I was finally able to get a proper diagnosis.


It is possible to make a claim for glomus tumour subungual misdiagnosis compensation when you have visited a doctor and have had the tumour misdiagnosed. This is provided that a competent doctor should have been able to diagnose the glomus tumour subungual promptly under the circumstances. A glomus tumour subungual is possible to treat effectively; although one important aspect of the condition is that these tumours are usually benign. A malignant glomus tumour subungual is exceedingly rare.

A glomus tumour subungual could be misdiagnosed as a haemangioma or venous malformation by an inexperienced doctor and, due to the condition being unlikely to have been seen previously in a patient by a GP, obtaining a correct diagnosis initially may have been unlikely, especially if the symptoms were atypical of the condition. Inexperience does not mean that it was not medical negligence and, if this can be demonstrated, a claim for glomus tumour subungual misdiagnosis compensation will be possible.

However, due to the benign nature of the condition in most cases, although the delay in treatment of a month led you to experience continued pain it is unlikely to have led to deterioration in the condition, or have made treatment any less effective than if the correct diagnosis was made more quickly. This can have a significant bearing on your entitlement to compensation for a glomus tumour subungual misdiagnosis. It may be possible for glomus tumour subungual misdiagnosis compensation to be awarded for your continued suffering; however if this was the only problem caused by the misdiagnosis, it may not actually be worth your while to make a claim for compensation.

In all cases of glomus tumour subungual misdiagnosis compensation, it is highly beneficial to seek professional legal advice. A medical negligence solicitor would not only be able to tell you if a claim for glomus tumour subungual misdiagnosis compensation is possible, but also the likely chances of success and whether the value of any glomus tumour subungual misdiagnosis compensation award would make a claim worthwhile.

Thursday, 21 March 2013

Wrong Diagnosis of Follicular Lymphoma

Can I claim follicular lymphoma wrong diagnosis compensation after being misdiagnosed with Non-Hodgkin’s lymphoma and having a delay in treatment?


As with any misdiagnosis of a medical or dental condition, it is possible to make a claim for follicular lymphoma wrong diagnosis compensation. The criteria that need to be satisfied for you to be eligible to make a follicular lymphoma wrong diagnosis compensation claim are as follows:

In order for a claim for clinical negligence to be possible – and successful – the misdiagnosis must amount to medical negligence. This means that the failure to diagnose the condition must have been due to an error of judgement, inexperience or incompetence of the doctor concerned. It must be proven ‘on the balance of probability’ that this was the case, and that a competent doctor would have been able to spot the symptoms and make the correct diagnosis. For a follicular lymphoma wrong diagnosis compensation to be successful, you must also have come to harm as a result of the misdiagnosis, and this must have been avoidable had an alternative course of action been taken.

There can be a number of problems associated with compensation for follicular lymphoma wrong diagnosis, which are due to the nature of this form of non-Hodgkin’s lymphoma. As such you should speak with a medical negligence solicitor for advice about your individual case.

Follicular lymphoma is considered indolent – this is a medical term meaning very slow growing. This means that a delay in diagnosis may not have caused you to come to any harm as a result. Without a ‘personal injury’ caused by a delay in treatment, or if the condition has not deteriorated significantly between the misdiagnosis and correct diagnosis, there can be no compensation for follicular lymphoma wrong diagnosis awarded.

Follicular lymphoma wrong diagnosis compensation may not be possible because it may not have been reasonable to expect this form of Non-Hodgkin’s lymphoma to be diagnosed quickly. The condition is often asymptomatic, or only involves the swelling of one or more lymph nodes. If there is no family history of the condition, even a competent doctor may easily miss the proper diagnosis initially.

In many cases this form of Non-Hodgkin’s lymphoma is not curable in its advanced stages. However if you had a chance to have the condition treated in the early stages, and the misdiagnosis meant that the cancer was allowed to advance to an untreatable stage, you will almost certainly have a very strong claim for follicular lymphoma wrong diagnosis compensation.

Due to the complications of follicular lymphoma wrong diagnosis compensation claims, a medical negligence solicitor should be consulted before deciding to pursue a claim. Eligibility is particularly complicated to determine, and the chances of successfully claiming follicular lymphoma wrong diagnosis compensation will need to be fully assessed.

Tuesday, 19 March 2013

What to do about Wrongly Diagnosed with Bipolar

I was wrongly diagnosed with bipolar disorder by my GP, and have recently been diagnosed by a specialist as having unipolar depression. Can I claim compensation for being wrongly diagnosed with bipolar?


Being wrongly diagnosed with bipolar disorder is certainly a valid reason for making a claim for medical negligence compensation in a UK NHS hospital. Just as a misdiagnosis of bipolar disorder can result in a compensation award, being told that you have a particular mental health disorder when you do not similarly can result in an award of compensation.

In your case, being wrongly diagnosed with bipolar disorder has meant that your actual health problem has been allowed to continue untreated and, if you have been receiving treatment for bipolar disorder, the medication you were on could have adversely affected your health. Treatment for the two disorders is not the same.

In order to be eligible to make a claim for compensation for being wrongly diagnosed with bipolar disorder, you must have sustained an injury or been caused harm as a result of being wrongly diagnosed with bipolar. Although it will no doubt be distressing to know that you could have received the correct treatment for your condition much earlier, under UK medical negligence claims law your health must have suffered as a result of the misdiagnosis and this must be proven ‘on the balance of probabilities’ to be the case by a qualified bipolar specialist. If you use a medical negligence compensation solicitor to pursue your case, consultations with relevant medical experts will be arranged to help substantiate your compensation claim for being wrongly diagnosed with bipolar disorder.

Since medical negligence law is particularly complicated, it is always wise to seek professional legal advice as soon as possible after you suspect that being wrongly diagnosed with bipolar was due to medical negligence of your doctor. You also only have a fixed time frame for preparing a case and initiating legal action, and a medical negligence solicitor will be able to advise you on how long you have left to make a claim. You must also make a formal complaint to the NHS if you believe that your doctor has been negligent by wrongly diagnosing bipolar disorder, and this needs to be completed as soon as possible after medical negligence is suspected.