What is a misdiagnosis claim?
One of the most common questions in regards to claims of this kind is whether a misdiagnosis is the same as medical negligence. While the two are closely connected and both can lead to claims, there is one key difference between them.
With a misdiagnosis claim including those in relation to cancer misdiagnosis, a claim can arise if an incorrect diagnosis was made by a medical professional and the patient’s condition worsened as a result.
The question of can I sue my doctor for misdiagnosis revolves around this definition and, if you are happy to progress or, you’d like to discuss your specific case, please get in touch with us.
What kind of misdiagnosis categories do you cover?
When dealing with cancer misdiagnosis cases there are four main categories covered.
- Incorrect Diagnosis
- Complete Misdiagnosis
- Missed Diagnosis
- Delayed Diagnosis
To an extent, the terms involved may seem self explanatory but it’s important to understand cancer misdiagnosis in legal terms. The first two categories are very similar and merely have very subtle differences in medical terminology. Essentially, both incorrect and misdiagnosis claims can arise if a diagnosis has been provided but it proves to be the wrong one.
A missed diagnosis means that your GP or medical professional has declared a clean bill of health when, in fact, there is a serious condition that has not been detected. With a delayed diagnosis, the terminology speaks for itself and that delay will have allowed the cancer to develop and become worse.
How to make a claim for cancer misdiagnosis?
Having assessed the factors that can lead to potential cancer misdiagnosis claims, you may feel that you have a case and that you wish to take things further. This is a complex legal area but the actual process is quite simple if you go through the correct channels. Our advice, therefore, is to:
Step 1: Contact experienced cancer misdiagnosis solicitors
Step 2: Discuss the circumstances surrounding the misdiagnosis and establish if there is a case to be answered.
Step 3: Provide all statements and relevant information to your solicitor who will proceed with the cancer misdiagnosis claim.
Once the relevant information has been submitted, the length of time that the claim takes to be settled will largely depend on the complexity of its circumstances. Following those steps as quickly as possible will certainly help to avoid any unnecessary delays that can attach to cancer misdiagnosis cases.
What are the most common types of cancer misdiagnosis claims?
Essentially, all forms of cancer can be included under claims of this kind. If the potential claimant feels that they have been affected and they fall within any of the categories listed below, they should get in touch with us immediately.
Types of cancer include but are not restricted to:
- Lung cancer misdiagnosis
- Cervical cancer misdiagnosis
- Vulvar cancer misdiagnosis
- Bowel cancer misdiagnosis
- Breast cancer misdiagnosis
- Endometrial cancer misdiagnosis
- Ovarian cancer misdiagnosis
- Pancreatic cancer misdiagnosis
- Testicular cancer misdiagnosis
What are the legal time limits for a cancer misdiagnosis claim?
There is a two-year time limit in place for pursuing cancer misdiagnosis settlement. This point should be kept in mind before appointing cancer misdiagnosis solicitors and claimants should also be aware that the two-year period starts from the ‘date of knowledge.’
The date of knowledge refers to the point when the patient realised that a misdiagnosis had taken place and that their physical condition had worsened as a direct result. It doesn’t, therefore, specifically relate to the time when the misdiagnosis took place.
That factor offers some flexibility but, irrespective of the limits in place, it is advisable to contact your appointed cancer misdiagnosis solicitors as soon as possible.
How much compensation can I get for cancer misdiagnosis?
Levels of cancer misdiagnosis settlements will depend on certain factors: The severity of the condition, together with cost of medical bills and any ongoing treatment must be taken into account.
At the higher end of the scale, settlements have been known to reach and, on occasions, exceed figures of 250,000 Euros. A cancer misdiagnosis payout of this kind may arise as a result of death but it can also apply if there are life changing conditions involved. Higher rates of cancer misdiagnosis compensation can, for example, also be issued in the event of infertility.
At lower levels, a cancer misdiagnosis claim calculator may show settlements in the region of 10,000 Euros upwards, The average settlements for cancer misdiagnosis will, therefore, fall somewhere in between those two ends of the payout scale.
To get a better understanding as to how much your own cancer misdiagnosis claim may be worth, get in touch for an initial discussion and we can narrow down those figures.
Why choose McGinley Solicitors?
Cancer is a distressing condition and, when a misdiagnosis is involved, that distress is inevitably increased. In circumstances such as these, the best and most logical option is to appoint cancer misdiagnosis solicitors who have vast experience in this area.
McGinley Solicitors have over 30 years of experience in this sector having been established in 1988. We realise that this is a sensitive and emotive area of personal claims so we look to take a sympathetic and professional approach to every potential case.
To discuss in greater detail, we have three offices across Dublin and Donegal so we can be flexible as and when face to face meetings are required. During those discussions, we will assess your claim and the chances of obtaining a successful outcome. Details regarding likely settlements can also be discussed at this point.
For an opening discussion, please call us on 1890 998 969 or fill in a quick and simple online form and we will get straight back to you.