A misdiagnosis or late diagnosis claim seeks compensation for medical negligence in the diagnosis of cancer, a stroke, heart problems or even a broken bone. If you or a loved one suffered medical negligence during any diagnosis, you could have a medical negligence compensation claim*.
Medical negligence is when a medical professional breaches their duty of care to you. It is medical care that no other doctor, paramedic, GP, or hospital consultant would provide in similar circumstances.
A misdiagnosis of cancer as a digestion problem may be medical negligence. A late diagnosis of a heart condition could result in damage to the heart, and you may have a medical negligence claim* for compensation.
A recent poll showed that 80% of Irish people are concerned about a misdiagnosis due to HSE cutbacks. There are over 100,000 hospital negligence cases in the HSE annually, and misdiagnosis in clinical care is a big concern.
PBN Litigation Solicitors in Dublin have the expertise and that vital experience in all types of medical negligence injury claims*.
We will be with you throughout the process of your medical negligence claim* to get you the compensation you deserve.
Table of content
What is a medical misdiagnosis?
A medical misdiagnosis is when you receive an incorrect diagnosis of your medical condition. You rely on the medical professional to diagnose what could be wrong; a misdiagnosis may be medical negligence.
You could suffer a misdiagnosis if the GP diagnoses a chest infection when you may have early-stage lung cancer. You could have a medical misdiagnosis claim if the A&E doctor gives you the all-clear when you have a broken wrist.
The misdiagnosis of a medical condition can cost the patient valuable time in starting vital treatment, cause unnecessary pain and suffering and could even put their life in danger.
You could suffer medical negligence with a
A misdiagnosis could affect your health, and you may make a medical negligence claim* for the effects today and in the future.
PBN Litigation Solicitors can look at your medical misdiagnosis claim and see if you have a valid medical negligence claim* for compensation.
What is a medical late diagnosis?
A medical late diagnosis is when you receive a correct diagnosis of your condition later than you should have got one. You should receive an accurate diagnosis within a reasonable timeframe, but a late diagnosis can delay treatment and could affect your health today and in the future.
You could suffer a late diagnosis after a misdiagnosis or a missed diagnosis of a stroke. The doctor who misread your first scan could make a late diagnosis with a second scan. The GP who fails to order blood tests may make a late diagnosis when you do have a full range of tests.
A late diagnosis costs treatment time and can be traumatic for a patient. To discover your condition has worsened due to medical negligence can be upsetting and adds stress to an already difficult time.
You could suffer the medical negligence with a:
A medical negligence claim* for a late diagnosis can seek the compensation you need to get your life back on track.
PBN Litigation Solicitors can make your medical negligence claim* when you experience a late diagnosis.
Common medical negligence claims for a misdiagnosis or late diagnosis
Common medical negligence claim*s for a misdiagnosis or late diagnosis of your condition range from issues with the diagnosis of cancer to being sent home from the A&E with a broken bone in your hand.
You may be able to claim compensation for the effects of the late diagnosis or misdiagnosis in a medical negligence compensation claim. Medical negligence could affect your life, and you claim for the effects today and in the future.
Medical negligence claim*s for a misdiagnosis or late diagnosis can be:
Misdiagnosis of cancer claims
Misdiagnosis of cancer claims can happen when your GP or hospital doctor diagnoses a condition other than cancer without referring you for tests.
You can also suffer a misdiagnosis of cancer when the doctor makes an error reading the cancer test results.
A misdiagnosis of cancer may be:
You could have a medical negligence compensation claim for the misdiagnosis of your cancer.
Late diagnosis of cancer claims
Late diagnosis of cancer can happen when the doctor does not refer you for tests or misses the early signs of your cancer. The late diagnosis can also happen due to staff shortages, administrative errors, and a failure to read test results.
The late diagnosis of cancer may be:
A late diagnosis causes a delay in treatment and could cost you valuable time in tackling the early stages of cancer.
It may be GP negligence if the GP makes a late diagnosis of a medical condition.
Misdiagnosis of a pregnancy issue
The misdiagnosis of a pregnancy issue can cause complications with your pregnancy, put the life of the baby at risk, or increase the chances of your baby having a birth injury.
A misdiagnosis of a pregnancy issue can be:
If you or your baby suffer due to a misdiagnosis of a pregnancy issue, you could have a medical negligence claim* for compensation.
Late diagnosis of cardiac problems
Late diagnosis of cardiac problems can allow the cardiac disease to do more harm to the heart, put the patient at risk of a heart attack and may even put the patient’s life in danger.
The late diagnosis of a cardiac problem may be:
A late diagnosis of a medical condition can put the patient in danger. A quick diagnosis of a cardiac condition is essential.
You may have a medical negligence compensation claim for the late diagnosis of a cardiac issue.
Misdiagnosis of neurological issues
Misdiagnosis of neurological issues can lead to brain damage, delay the diagnosis of a neurological condition, and cause the patient to suffer unnecessary pain and discomfort.
A misdiagnosis of a neurological issue could be:
A neurological issue can affect any part of the body, and you rely on a neurologist to make an accurate diagnosis. A misdiagnosis or late diagnosis of a neurological issue could put your life in danger.
Every medical professional owes you a duty of care. If they breach that duty of care when making a diagnosis, you could have a medical negligence claim* for compensation.
At PBN Litigation Solicitors, we can look at your case and see if you have a valid misdiagnosis or late diagnosis medical negligence compensation claim.
Compensation for a late diagnosis or misdiagnosis claim*
Compensation for a misdiagnosis or late diagnosis claim* in Ireland will differ depending on the injury or injuries you suffer due to the medical negligence. Any medical negligence, such as the misdiagnosis of cancer or a late diagnosis of a cardiac issue, can affect you today and in the future.
There is not one fixed compensation award for a medical negligence claim*, and with a late diagnosis claim*, you may seek compensation for the injury, discomfort, trauma, and other changes to your life after negligence by a medical professional.
A medical negligence solicitor can only give you an idea of what is possible when you suffer negligence in the diagnosis of a condition and what you can claim* for its effects on you.
Every compensation claim* is different. You could become very ill after a misdiagnosis of cancer or even a late diagnosis of a hip injury, and you can claim for the care necessary for life and adaptions you may need to make to the home and your car.
With your medical negligence claim*, you seek damages for the effect of the injury or injuries on you and your loved ones today and on your future lives.
PBN Litigation Solicitors can explain how the process works and how your medical negligence claim* will combine the two types of damages.
Damages in a misdiagnosis or late diagnosis claim*
Damages in a misdiagnosis claim or a late diagnosis claim* are a combination of:
The two types of damages consider the effects of a medical professional’s negligence during the diagnosis of your medical condition today and its impact on you in the future.
General Damages in a Misdiagnosis or Late Diagnosis Claim*
General Damages in a misdiagnosis or late diagnosis claim* are for compensation for the pain and suffering you experience due to a late diagnosis of a cardiac issue or a misdiagnosis of a stroke or an infection due to the medical negligence.
You can claim general damages for the unnecessary pain and discomfort following errors in your diagnosis. A claim may also be for the lack of care by the GP, GP negligence, or hospital consultant, hospital negligence, causing physical injury to you when you suffer a misdiagnosis.
General Damages may be claimed in any medical negligence case where the injuries cause pain and inconvenience and affect your ability to exercise, drive, play sports and other activities.
Special Damages in a Misdiagnosis or Late Diagnosis Claim*
Special Damages in a misdiagnosis or late diagnosis * are for the financial effects on your life due to the medical negligence. You claim for the errors by the hospital, GP, A&E doctor, or hospital consultant when you cannot work and provide for the family when recovering from a late diagnosis.
You could be off work for a time or be unable to return to similar work with the same salary.
With Special Damages you claim* for:
Special Damages are for the financial effects of a loss of income when recovering from the effects of a misdiagnosis of a spinal injury or the late diagnosis of diabetes.
You may need to give up full-time employment or be unable to return to work at a position with a salary similar to the one you earned before the medical negligence.
You claim* Special Damages to offset the financial costs of the medical negligence so you will not be out of pocket due to the actions of others.
Each person in a medical negligence claim* differs from another. The financial effects may be heavier on you than on someone in a similar situation. If you have children, you may need to claim* for their care while you recover from a cancer which has spread due to a late diagnosis. You may need to claim for the misdiagnosis of a stroke leading to brain damage, mobility issues and disability.
You may claim* for what is needed to maintain a similar quality of life as before the effects of the medical negligence on your life.
Your PBN Litigation Solicitor can guide you on what to expect in compensation and how to make your claim* for late diagnosis or misdiagnosis medical negligence.
Who is eligible to claim compensation for medical negligence in Ireland?
You or a loved one may be eligible to claim medical negligence compensation in Ireland if you have suffered a late diagnosis or a misdiagnosis causing you injury.
A late diagnosis of a stroke may be too late to prevent brain damage; a misdiagnosis of sepsis could put your life in danger, and you can claim compensation for your injuries or those suffered by a loved one.
When you are the injured party due to the medical professional’s negligence during diagnosis, then you can claim* for the effects of the injury on your life today and in the future.
You can claim compensation for medical negligence in your diagnosis for:
The compensation for the medical negligence will help you get your life back on track and cover the future care needs for the effects of a late diagnosis. Compensation can ensure you are not out of pocket due to medical negligence by the doctor, the HSE hospital, paramedic, GP, or hospital consultant.
PBN Litigation Solicitors can make your claim* when you may be eligible for medical negligence injury compensation.
Who may be at fault for a late diagnosis or misdiagnosis in the HSE?
The medical professional who made the errors when diagnosing your condition can be responsible for the effects on your health today and in the future.
You trust the HSE doctor or HSE hospital to have your medical well-being to the fore. You expect the oncologist to make a correct diagnosis or the paramedic to notice the signs of stroke when in an emergency. The orthopaedic team should see the broken bone in your arm and not send you home with a misdiagnosis of the injury.
Medical negligence is medical care below acceptable standards. Medical negligence in Ireland is medical care below that which any other hospital, GP or hospital consultant would provide.
The negligent party who could be at fault for a medical negligence claim* may be:
If you suffer medical negligence while in an HSE hospital, such as poor care in the diagnosis of a stroke or cardiac condition, you could have a hospital negligence compensation claim* against the HSE.
If you suffer negligence in a private hospital or clinic, you may have a medical negligence case against the hospital authority.
PBN Litigation Solicitors can handle your medical negligence claim* against those responsible for the misdiagnosis or late diagnosis of your condition.
How to make a medical negligence claim* in Ireland
There are a few steps to follow when you make a medical negligence claim* in Ireland. Making any medical negligence claim* may seem daunting, especially if you are taking on the HSE or the GP you may know from being in their care throughout your life.
You may be worried about engaging in legal proceedings against HSE, the well-known hospital consultant or the private medical provider, but with the help of a medical negligence solicitor, you can navigate your way through what could be a complex process.
The steps to follow when making a medical negligence claim* in Ireland are:
How long do you have to make a medical negligence claim?
You have two years to make a medical negligence claim* in Ireland. When you suffer a late diagnosis or a missed diagnosis of your illness or injury, you have two years to begin legal proceedings.
If a child suffers a misdiagnosis or late diagnosis of a medical condition, the parents have until they turn 18 to make a medical negligence claim*.
Once the child turns 18, they then have two years to make a medical negligence claim*, providing their parents did not make one on their behalf previously.
A case of a late diagnosis or misdiagnosis may not come to light until you are diagnosed later by another doctor or medical professional. Cancer often does not become evident until you are very ill, while the late diagnosis of a stroke can see the stroke do a lot of injury.
You or your loved one may have what is known as a date of knowledge clause in your case. You may make a claim* outside of the two-year limit only if the date of knowledge of injury allows it.
The date of knowledge is the date you became aware the injuries were due to medical negligence during diagnosis. In such cases, the two-year limit to claim* may begin on the day of the diagnosis of the cancer, diabetes, stroke, or nerve damage.
In a medical negligence claim* in Ireland, you must have all the paperwork in place and filed within the time limit. Your PBN Litigation Solicitor can help with the claim* process and give you a checklist for what is needed to file the compensation claim*.
In all cases of medical negligence, the sooner you begin the claim* process, the better it will be for the case. It is preferable to write down what happened while it is fresh in your memory and while the medical evidence can clearly show negligence during diagnosis.
PBN Litigation Solicitors can look at the details of your misdiagnosis claim* and get started on a valid medical negligence claim* within the time limits.
The role of a solicitor in a medical negligence claim*
The role of the solicitor in a medical negligence claim* is to advise you on all aspects of the case. The experienced solicitor will represent you in dealing with the insurance company, the HSE or the other legal team involved in the medical negligence claim.
In a medical negligence claim, the solicitor can:
PBN Litigation Solicitors can take on your medical negligence claim for you. We have the expertise and the experience to guide you through a medical negligence claim and be with you along every step of the process.
Make a medical negligence claim* today
Make a medical negligence claim* today by contacting PBN Litigation Solicitors.
If you suffered a late diagnosis or a misdiagnosis, such as the missed signs of cancer or a broken bone in the foot, then PBN Litigation Solicitors have the experience and expertise to manage your compensation claim*.
You are the client, the ones injured and in recovery. The last thing you should have to worry about is dealing with the HSE, the private hospital or the courts when recovering from the effects of the late diagnosis of a stroke or planning for a future when your life could be so severely affected.
PBN Litigation Solicitors can take on your case and work with you to get the compensation you deserve.
We pride ourselves in taking the stress out of medical negligence litigation by providing a service dedicated to the client.
Contact PBN Litigation Solicitors today for all your medical negligence needs.