Missed Diagnosis, Misdiagnosis and Malpractice

Wooden gavel and stethoscope

Every medical practitioner has a duty to exercise reasonable skill and care when treating a patient. You should be able to trust that your doctor is carrying out this duty and acting in your best interests. When a medical professional breaches their duty of care, they must be held accountable to prevent others becoming victim to their negligence.

Missed diagnosis, misdiagnosis and malpractice may all constitute negligence under some circumstances. However, these things occurring is not evidence in itself of medical negligence. Even the best doctors can and do make errors in diagnosis. In order for it to be negligent, your doctor must have failed to take reasonable care in diagnosis a condition.

What is Medical Negligence?

Medical negligence refers to a number of situations in which a medical professional fails to act according with the standard of practice in the medical field. This includes a negligent act of care or a failure to act reasonably when other would have.

Examples of medical negligence includes:

  • Missed diagnosis and misdiagnosis
  • Delayed correct diagnosis in some cases
  • Performing surgery without the skill or qualification.
  • Incorrectly interpreting medical results
  • Administering or prescribing an incorrect dosage of medication
  • Failing to adequately communicate material risks involved with the patient’s procedure

Determining Medical Negligence

In order to determine whether the medical practitioner has acted negligently, a professional analysis is required to assess what the doctor did and didn’t do in order to determine whether:

  • The medical practitioner did not exercise reasonable care or skill
  • A similarly trained medical professional would not have made the same mistake
  • The missed diagnosis, misdiagnosis or malpractice resulted in harm or injury that would not have occurred if the error has not been made
  • The harm or injury caused you pain and discomfort and/or financial loss

If you received a misdiagnosis resulting in treatment or a lack of treatment but it didn’t cause you any harm, you may not be eligible for compensation.

Need a Medical Negligence Lawyer in Queensland?

If you suspect medical negligence on your doctor’s part, it’s essential to act fast. Contact an experienced lawyer to evaluate your case and determine whether you are eligible for compensation. Strict time limits apply, so it’s crucial to take action quickly.

If you need a medical negligence lawyer in Brisbane or the Gold Coast, get in touch with the friendly team at Dwyer Law Group. We have more than 30 years of experience dealing with car accident injury claims. Contact us online or call us on 07 5610 5277 and ask about our ‘No Win, No Fee’ arrangement.

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