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Misdiagnosis / Late Diagnosis Negligence

Misdiagnosis Negligence & Late Diagnosis Negligence2025-02-26T14:32:08+00:00

Misdiagnosis negligence and late diagnosis negligence is when there is an error during the diagnosis of a medical condition. Medical negligence leading to diagnosis errors can impact you, the patient, today and in the future.

The medical negligence of a misdiagnosis may put you on the wrong treatment path and you could have unnecessary surgery in some cases if the error is not rectified. 

Medical negligence causing the late diagnosis of a condition can delay treatment and even put your life in danger while wasting valuable time waiting for a correct diagnosis.

The medical professional treating you owes you a duty of care from day one. If they breach their duty of care, causing you an injury due to a diagnosis error, you could have a medical negligence compensation claim*.

O’Reilly Doherty & Co Solicitors in Dublin will use their experience to make your misdiagnosis and late diagnosis medical negligence claim for compensation*.

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If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our expert solicitors.

Table of Content

What is a misdiagnosis or late diagnosis?

A medical negligence claim* for compensation* for misdiagnosis or late diagnosis negligence is the legal process you follow when errors impact your life at the time of diagnosis.

You could suffer misdiagnosis negligence when the oncologist diagnoses stomach cancer instead of bowel cancer. It may be late diagnosis negligence when the orthopaedist diagnoses a leg break weeks after missing it on the X-ray in the A&E.

The misdiagnosis or late diagnosis of a medical condition is one of the most common medical negligence claims* in Ireland. Up to 63% of medical negligence claims* seek compensation for the misdiagnosis of the likes of cancer and meningitis in children and a late diagnosis of cancer and heart attacks in adult patients.

Common claims for misdiagnosis and the late diagnosis of a medical condition

The common claims for the misdiagnosis and the late diagnosis of a medical condition are for the impact of a cancer or diabetes and other illnesses on your life today and in future years.

You and your loved ones can suffer effects like a loss of income to the home, the need for full-time care and any adaptions needed to the home and car. You suffered due to medical negligence and seek compensation for the effects of it.

The types of medical negligence claims* for a misdiagnosis or a late diagnosis:

The late diagnosis of cancer can cause so many issues, from treatment errors to possibly putting a cancer beyond treatment. The oncologist and even the GP, should make a prompt diagnosis or see the need for further testing when a patient has any symptoms of cancer.

Types of late diagnosis of cancer medical negligence:

  • Late diagnosis of leukaemia in a child
  • Late diagnosis of skin cancer in a young male
  • Late diagnosis of bowel cancer in an adult woman

O’Reilly Doherty medical negligence solicitors can handle a late diagnosis of cancer compensation claim*.

The misdiagnosis of a heart attack can affect the life of the patient for years and put their life in danger. When a patient presents with any symptoms of a heart attack, they should be sent for testing and further examination by a cardiologist.

Types of misdiagnosis of a heart attack by a medical professional:

  • Misdiagnosis of heart attack as a chest muscle strain 
  • Misdiagnosis of a heart attack as a digestion issue
  • Misdiagnosis of a heart attack as a lack of fitness

The medical negligence of the misdiagnosis of a heart attack can affect your treatment and could be a compensation claim*.

The late diagnosis of a neurological condition can delay the beginning of the correct course of medication, and the patient may suffer for years without an accurate diagnosis.

You may get a late diagnosis of your type of epilepsy and suffer from years of being on the incorrect medication and having uncontrolled seizures.

The late diagnosis of a neurological condition such as nerve damage after an accident could cause you to suffer years of unnecessary back pain and have difficulty in walking.

A late diagnosis of ALS or Parkinsons Disease could see the patient deteriorating and suffering the effects of the neurological condition.

O’Reilly Doherty & Co Solicitors can look at your case and see if you have a valid medical negligence compensation claim*.

A misdiagnosis of diabetes can be medical negligence when you suffer the effects of the worsening of the condition and other impacts of diabetes. You could become very ill, need to spend time in hospital and be off work due to a misdiagnosis of diabetes.

Types of misdiagnosis of diabetes medical negligence:

  • Misdiagnosis of diabetes as a digestive disorder
  • Misdiagnosis of diabetes as an issue with diet and weight
  • Misdiagnosis of diabetes as a gallbladder problem

You could have a medical negligence compensation claim* for the unnecessary suffering due to a misdiagnosis of diabetes.

The late diagnosis of a broken bone may happen after being examined by a paramedic or when under the care of an A&E doctor or the orthopaedic doctor on the ward.

A late diagnosis of a broken bone can make recovery difficult and could leave you with unnecessary pain.

Types of claims for the late diagnosis of a broken bone:

  • The late diagnosis of a broken bone in the leg due to an X-ray error
  • The late diagnosis of a broken elbow by the paramedic
  • The late diagnosis of a broken shoulder by an orthopaedist

A compensation claim* for the late diagnosis of a broken bone seeks damages for the medical negligence.

O’Reilly Doherty & Co Solicitors have the experience in medical negligence compensation to make a claim for misdiagnosis and late diagnosis negligence.

Compensation for Misdiagnosis and Late Diagnosis Negligence

Compensation for misdiagnosis and late diagnosis negligence is for the impact of the medical negligence on your life. You claim compensation for the medical professional’s breach of duty of care before, during and after the diagnosis of your condition.

The level of compensation awarded for any type of diagnosis negligence is different for every claim. The effect on your life of a loss of income for several months may not be the same as on another person who suffered due to a late diagnosis.

In every compensation claim*, the injured party claims damages for the effects of clinical negligence on their life today and in the future.

Damages in a misdiagnosis and late diagnosis negligence compensation claim* are a combination of:

General Damages in a misdiagnosis and late diagnosis negligence claim are compensation for what is known as the Loss of Amenity in your life.

After a late diagnosis or a misdiagnosis of a medical condition, you may have issues with personal care, in exercising, and in doing the everyday jobs you could do before the injuries. 

You claim compensation for this Loss of Amenity due to the clinical negligence.

Special Damages in a misdiagnosis and late diagnosis negligence compensation claim* are for the financial costs to you due to the errors when under the care of a hospital consultant or even at the local GP surgery.

You are the one who has been injured, and you should not be out of pocket or face substantial medical bills due to negligence by the medical professionals.

You claim the Special Damages for costs and financial losses such as Medical Bills, Loss of Income, Out of Pocket Expenses and paying for adaptions to the home and car.

O’Reilly Doherty & Co Solicitors have the experience to will be with you at every step of the medical negligence claim*.

What are the steps to making a medical negligence claim* in Ireland?

The steps to make a medical negligence claim* in Ireland go from getting medical advice to taking your clinical negligence case to court if all the other steps fail to get the negligent party to pay compensation.

Your medical negligence solicitors at O’Reilly Doherty & Co will be with you along every step of the way to making a successful clinical negligence claim.

You engage a medical negligence solicitor when you may have been a victim of below an acceptable standard of medical care by a medical professional.

In a misdiagnosis and late diagnosis medical negligence case, you could make a claim against the HSE hospital, the private medical provider, or the hospital consultant.

A good medical negligence solicitor can make all the difference to a claim for medical negligence*.

Forming a claim for medical negligence* is done with your solicitor, a medical expert and by accessing your medical records.

Your medical records can show a clear timeline of what happened to you when under the care of the medical professional, from the GP to the paramedic and neurologist.

The solicitor may ask you to see another doctor for a second opinion on the injury due to medical negligence.

When your case is ready, the solicitor can submit your claim for medical negligence* to the negligent party.

The negligent party, usually their solicitors, will examine your ‘Letter of Claim’ and reply to it within several months.

If they accept the findings of medical negligence, they may make an offer of compensation.

You may need to take the case to court if the negligent party does not accept the medical negligence claim*.

Taking a medical negligence claim* to court, such as when the HSE disputes a claim for the misdiagnosis or late diagnosis, does not often happen in Ireland, but it can happen, and your solicitor will be there for you. 

A claim may need to go to court if the negligent party agrees to your claim but does not agree to the amount of compensation claim*ed.

The claim can be settled before the court hearing, even during a hearing, but a good solicitor will know when to settle a medical negligence claim*.

O’Reilly Doherty & Co medical negligence solicitors have the experience to be with you every step of the way and to get your compensation for the misdiagnosis or late diagnosis negligence.

What evidence do I need to make a misdiagnosis or late diagnosis negligence claim in Ireland?

To make a misdiagnosis or late diagnosis negligence claim in Ireland, you may need to gather evidence, such as medical records from your solicitor.

In any claim for medical negligence*, the smallest piece of evidence could make the biggest difference in making yours a successful clinical negligence compensation case. 

Evidence to make a misdiagnosis and late diagnosis medical negligence claim*:

  • Hospital medical records
  • Letters from the medical professional to you
  • Copy of any medical examinations made at the hospital
  • HSE incident reports on the possible errors made in your case
  • A medical report from another doctor or hospital consultant
  • Financial report on the impact of the medical negligence on your income
  • Report from a physiotherapist or other medical expert
  • Report from a psychologist on the effect of diagnostic errors on you
  • A personal account of what happened to you
  • An account of what happened to you by a family member
  • Photographs of any injuries

The more evidence you can gather, the better it may be for your claim for misdiagnosis and late diagnosis negligence. 

Our team of medical negligence experts at O’Reilly Doherty & Co Solicitors will tell you what evidence they need and how to get it.

O’Reilly Doherty & Co Solicitors in Dublin can tell you exactly what is needed and arrange for you to see the necessary experts when making a medical negligence compensation claim*.

Make a medical negligence claim for compensation* today

Make a medical negligence claim for compensation* today by contacting O’Reilly Doherty & Co Solicitors. We have the team in place to make your claim and get you compensation for the injuries.

Medical negligence can be a complicated process, but with the right solicitor on your side, you can get the compensation you deserve.

You are one who suffered medical negligence when the oncologist made a late diagnosis of cancer, the A&E doctor made a misdiagnosis of sepsis, or the paramedic made a late diagnosis of a stroke.

When a medical professional may be responsible for your below-acceptable level of clinical care, you could have a compensation claim*.

O’Reilly Doherty & Co. Solicitors in Dublin will help make your medical negligence claim for compensation*.

Medical Negligence Claim Types

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