Misdiagnosis – Medical Claims & Compensation
Early accurate diagnosis of patient’s medical conditions is essential to ensure that appropriate medical treatment is given. Sometimes a delay or a wrong diagnosis can result inappropriate treatment being given or the wrong drugs being prescribed. These events can in turn cause damage to patients sometimes with devasting and permanent effect.
Misdiagnosis success stories:
Claimant stopped taking blood thinning medication in preparation for a heart valve operation on the advice of doctors. The operation was cancelled but the warfarin was not re-prescribed. As a result of this the Claimant suffered a major stroke and was left with impaired mobility, difficult swallowing and incontinence. The Claimant found the loss of independence extremely distressing and frustrating. The Claimant’s life has been significantly foreshortened as a direct result of CVA. Case settled for a lump sum of £105,000 plus additional annual payments of £40,000 to provide for private care for the duration of the Claimant’s life.
Claimant was a child who underwent dental treatment with the use of a general anaesthetic. The child subsequently suffered a cardiorespiratory arrest and subsequent brain damage, as a result of a failure to adequately monitor the child during the recovery stage. As a result of the case the President of the Professional Conduct Committee of General Dental Council has said “this case has raised fundamental issues in terms of the relative responsibilities of the professionally qualified staff involved in giving general anaesthesia in dentistry. The council will be reviewing its guidance in the light of this case”. The new guidelines were subsequently produced and circulated in November 1998. Claimant suffers from persisting neurological disabilities affecting his cognitive functioning, his speech and language abilities and fine motor functions. He also suffers from nocturnal ensuresis. The defendants have admitted liability and the case is currently under negotiation of quantum.
Claimant was diagnosed with Behcets Disease in 1982. As a result he was prescribed a cytotoxic drug as treatment. The diagnosis of Behcets disease was never reviewed despite the Claimant failing to present with symptoms confirming the diagnosis. His medication was not properly monitored by the hospital nor his GP for 13 years and as a result he developed cancer and tragically died. The claim was brought by his widow. Case settled £150,000