Can I Claim for a Delayed Diagnosis?
A delayed diagnosis of a serious condition can be the justification for a compensation claim if your delay led to a significantly worse outcome than had your diagnosis been timely.
Implications of a delayed diagnosis
If your diagnosis was delayed because you - the patient - delayed seeking medical advice, your medical professional cannot be regarded as responsible for the delay in your diagnosis nor for any suffering as a result.
It may be that the diagnosis of your condition was delayed but that that delay made no difference to your outcome. The condition may not have deteriorated during the course of that delay. Or the treatment may have been the same or the outcome may have been the same with the delay as without the delay.
However, there are a number of conditions where a delay in diagnosis can make a significant difference to the long-term outcome for the patient including the following:
Perineal tears
If a woman giving birth vaginally suffers a third or fourth degree tear during childbirth which is not diagnosed at the time, this can have a dramatic impact on her long-term physical well-being. A third or fourth degree tear will have damaged the woman's anal sphincter muscles and she may subsequently develop an inability to control both wind and faeces. Understandably, this can then impact on the woman's professional, personal and social life. In these circumstances, she may be able to make a claim for the substandard level of care she received and the on-going impact on her life.
Cancer
It may be possible to make a claim for a delayed diagnosis of cancer if it is clear that the delay made a difference to the patient's outcome. If, for example, the delay allowed the cancer to spread and the subsequent impact on the patient was significantly worse than it would otherwise have been.
Appendicitis
A delay in the diagnosis of appendicitis may mean that the patient suffers a burst appendix. This is a medical emergency and can be life-threatening. A burst appendix can allow waste matter to leak into the abdominal cavity, sparking an infection in the peritoneum and the development of sepsis.
Cauda equina syndrome
Cauda equina syndrome is a medical emergency and a delay in diagnosis can have catastrophic effects on the patient.
A patient whose cauda equina compression is diagnosed in a timely manner can have surgery which will probably restore the lost function of their cauda equina nerves.
A patient whose cauda equina syndrome is not diagnosed, however, may find that, by the time their condition is recognised and confirmed, it is too late for surgery to be as effective. In these circumstances, the patient may face a lifetime of double incontinence, sexual dysfunction and loss of mobility.
If it can be demonstrated that medical professionals missed opportunities to diagnose the condition, the patient might be entitled to make a claim for their pain, suffering and on-going losses.
Necrotising Fasciitis
Necrotising fasciitis is a life-threatening condition that requires immediate surgical treatment.
The mortality rate from this illness is very high and any delay in diagnosis and treatment will increase the risk of the patient losing their life.
Although it can be difficult to diagnose and is sometimes confused with other infections, a patient who attends a medical professional with symptoms of necrotising fasciitis and is not referred for investigation may subsequently be entitled to make a claim for compensation.
Surgical Damage
If a patient suffers an accidental internal injury during a surgical procedure, it is usually considered best if that injury is identified and repaired at the time. If there is a delay in diagnosis of the damage, not only may the patient start to suffer severe problems and infections, but a successful repair may be harder to achieve.
In those circumstances, if the patient is left with significant long-term problems, they may be entitled to make a claim for the damage caused.
Medical Negligence
The key to successful medical treatment is an accurate and timely diagnosis of the patient's illness.
Where the patient has attended their medical professionals with clear symptoms of a disorder which is not diagnosed or referred for further investigation, the relevant medical professional may be regarded as having provided a substandard level of medical care.
If the patient suffers significant on-going problems as a result, they may wish to consider making a claim for compensation.
Speak to a solicitor
Glynns Solicitors is a specialist medical negligence legal practice. If you or a loved one are suffering the long-term impact of a delay in diagnosing your condition, contact us to discuss your situation with an experienced solicitor.
Call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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