Can I claim medical misdiagnosis compensation?
The area of medical misdiagnosis and delayed diagnosis of an injury, illness or a medical condition forms a large part of medical negligence claims in Australia against GPs, specialists, hospitals and hospital emergency departments. It usually involves actions or inactions that lead to delays in administration of appropriate and timely treatment, or administration of incorrect treatment or no treatment at all.
Our medical misdiagnosis lawyers have extensive experience in this area, and there’s no cost speak to one of our lawyers and get advice on whether you can claim compensation.
What can I claim for medical misdiagnosis?
Depending on the severity of your injuries, the total compensation amount can include:
- Lost income – the amount of income you’ve lost through time off work.
- Medical expenses – resulting from your injuries or illness.
- Travel expenses – to and from medical appointments and treatment.
- Domestic assistance – the cost of getting help with home duties.
- Pain and suffering – an amount to compensate you for your pain and suffering, based on the extent of your injuries.
- Future losses – for example, your future earnings that you will miss out on as a result of your injuries.
How we can help you.
You’re in safe hands with Law Partners.
Your misdiagnosis lawyer is backed by a team of specialists including paralegals, medico legal experts, forensic accountants and barristers. So you’re in safe hands with Australia’s largest specialist personal injury firm.
Yevgeni ShkuratovSenior Associate
As a solicitor, I’m relentless. I strive to give my clients my full commitment and I’ll stop at nothing to get the right result for them.
The key to achieving a successful outcome is having a solicitor who is thorough, diligent, composed and always willing to act in the very best interest of the client, no matter what. This is the solicitor I strive to be for every one of my clients.
Gillian PottsSpecial Counsel
Being a calm-natured and patient person, I find that the best way to help my clients with their claims is to first focus on listening to them and understanding their needs, and then set about fulfilling those needs and exceeding their expectations.
With over 15 years’ experience in personal injury law on my side, I’ve had the privilege of helping thousands of injured people and their families claim all the compensation they’re entitled to.
My philosophy has always been to accept people as they are. I apply this to my work as I always keep an open mind to every client and enquiry that comes through the door regardless of how they come to us or present on paper.
Empathy is such an integral value for every successful personal injury solicitor because it enables you to truly understand the client’s circumstances and build a connection with them. And a strong solicitor/client connection is the foundation of a successful claim.
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No matter how many cases you handle, no two clients are ever the same, which is why I never assume but take the time to get to know each and every one of my clients in order to tailor a service that best suits their matter.
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Through constructive communication, it’s my job to ensure our clients know that they have a reliable, honest and extremely capable legal team who are always available to them.
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Frequently asked questions.
Illnesses and conditions that are sometimes misdiagnosed resulting in a worse outcome for the patient include:
- Heart attack
- Deep Vein Thrombosis (DVT)
- Mental illness
For example, a heart attack can be misdiagnosed as anxiety or indigestion; however, it can be deadly without timely treatment.
Your medical misdiagnosis compensation payout will depend on the extent of your injuries or illness and the impact they have on your life. Here are two examples of medical misdiagnosis claims and payouts:
Case 1: Misdiagnosis of appendicitis – $750k
- This patient went to her doctor with abdominal pain and was misdiagnosed as having an ovarian cyst.
- She was eventually diagnosed with a ruptured appendix seven days after her initial examination.
- As a result, she has suffered long term physical and psychological issues, which could have been avoided had the appendicitis not been misdiagnosed.
- This patient was awarded a medical misdiagnosis compensation payout of $750k.
Case 2: Paraplegia caused by delayed diagnosis – $4.5M
- The patient presented at hospital with severe neck pain.
- The hospital misdiagnosed him as having a muscle strain.
- He eventually collapsed at home and became unresponsive.
- He was rushed into surgery where it was found he had a cervical spinal epidural abscess caused by a Staph infection.
- Despite undergoing surgery, the patient was left paraplegic and spent the next four months in hospital.
- This patient was awarded a medical misdiagnosis payout amount of $4.5M to cover his losses and pain and suffering and to support his future care and treatment expenses.
In NSW, you must lodge your statement of claim within three years of the claim being discoverable. However, long-stop periods and considerations can be given to children and people with disabilities. If you’ve exceeded a time limitation, it may be possible for us to argue that the injury was not discoverable until a later date. You can speak with one of our specialist medical misdiagnosis lawyers to get advice on your situation.
A no win no fee medical misdiagnosis lawyer offers to run your case for you and only get paid when you win. If you choose the right lawyer, it’s an excellent option that allows you to pursue your claim without any risk, but it’s important to check the lawyer’s costs agreement to fully understand what’s covered. With some no win no fee lawyers you can still end up having to pay thousands of dollars in disbursements if your case is unsuccessful. This is because their no win no fee agreements cover their professional fees but not the costs they incur. At Law Partners, our no win no fee, no disbursements guarantee covers all our costs and disbursements as well as our professional fees, so you can pursue your claim with peace of mind.
Why should I choose Law Partners?
Caring for our clients drives everything we do – that’s why thousands of Australians every year choose Law Partners.
Do I have a case?
Our senior lawyers will assess your case for free.
Find out more about medical negligence.
As a personal injury law firm, we see first-hand every day the psychological damage that a lack of empathy can cause. So we’re committed to promoting more empathy in the world, and sharing stories of the positive impact it can have.Meet some of the people whose stories inspire us