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Medical Misdiagnosis Claims

In medicine, the importance of accurate diagnosis cannot be overstated, as it forms the foundation for proper treatment. Unfortunately, studies suggest that diagnostic errors occur in 7% to 17% of hospitalised patients, with approximately half of these mistakes resulting in harm.

  • Independent medical expert evidence where required
  • Clear written costs information before you proceed
  • Strict time limits apply. Early advice is important
  • Clinical negligence claims are generally outside the Injuries Resolution Board process
The Dublin Solicitors Bar AssociationCivil Litigation Law Firm of the Year, WinnerLaw Society of Ireland, Practising SolicitorsAVMA, Action against medical accidents

In medicine, the importance of accurate diagnosis cannot be overstated, as it forms the foundation for proper treatment. Unfortunately, studies suggest that diagnostic errors occur in 7% to 17% of hospitalised patients, with approximately half of these mistakes resulting in harm. In certain fields, the numbers are even more alarming. For instance, misdiagnosis accounts for 61% of malpractice claims in paediatrics and 9% of claims in obstetrics. These errors can have devastating consequences for patients, causing unnecessary suffering or worsening their condition.

If you or a loved one has been misdiagnosed and suffered harm as a result, you deserve compensation for the unnecessary pain and hardship. At Michael Boylan Litigation, we are dedicated to helping you pursue justice. Contact us today to start your claim and secure the compensation you are entitled to.

What Is Medical Misdiagnosis?

Medical misdiagnosis occurs when a healthcare professional fails to correctly identify a patient's medical condition or provides an inaccurate or incomplete diagnosis. This can happen for a variety of reasons, such as misinterpretation of symptoms, errors in reading test results, or failure to consider alternative diagnoses. Misdiagnosis is a critical issue because it directly affects the course of treatment. A wrong diagnosis can lead to unnecessary treatments, delayed interventions, or no treatment at all, causing the patient’s condition to worsen.

There are different types of misdiagnosis, including:

  • Wrong Diagnosis: The patient is treated for the wrong illness while the real condition continues to worsen.
  • Missed Diagnosis: The condition is completely overlooked, and no treatment is provided.
  • Delayed Diagnosis: The correct diagnosis is eventually made, but only after a harmful delay, which may reduce treatment effectiveness.

Misdiagnosis can occur in various medical fields, including:

  • Paediatric Misdiagnosis: Can delay crucial treatment for children, where timing is often essential for growth and development.
  • Obstetric Misdiagnosis: Can affect both the mother and baby, leading to complications during pregnancy or childbirth.
  • Cancer Misdiagnosis: Is particularly dangerous, as early detection is critical for successful treatment.
  • Neurological Misdiagnosis: Such as missing the signs of a stroke, can lead to irreversible brain damage.

Effects of Medical Misdiagnosis

Medical misdiagnosis can have serious and life-altering consequences, including:

  • Delayed or improper treatment, worsening the condition
  • Unnecessary surgeries or procedures
  • Increased medical costs due to incorrect treatments
  • Emotional distress and anxiety for the patient and their family
  • Long-term disability or permanent damage
  • In severe cases, misdiagnosis can lead to death.

Who Is Liable for Medical Misdiagnosis?

Liability for medical misdiagnosis can fall on multiple parties, including:

  • Doctors or specialists who failed to diagnose or provided an incorrect diagnosis
  • Hospitals or clinics for systemic failures or lack of proper medical procedures
  • Laboratories or technicians for misinterpreting test results
  • Radiologists for incorrect imaging analysis

The Medical Misdiagnosis Claim Process

With Michael Boylan Litigation, the medical misdiagnosis claim process begins with a thorough review of your case. Our legal team will collect medical records, consult with experts, and evaluate the diagnostic steps taken by the healthcare providers involved. The goal is to prove that a failure in diagnosing or an incorrect diagnosis led to your harm and suffering.

Once we have built a strong case, we will pursue a claim on your behalf, seeking compensation for the physical, emotional, and financial toll caused by the misdiagnosis. Contact us today to begin your medical mistaken diagnosis claim.

Statute of Limitations for Medical Misdiagnosis Claims

Under the Statute of Limitations Act 1957, the statute of limitations for medical misdiagnosis claims in Ireland is two years from the date of the misdiagnosis or from the date of knowledge,the point when the patient became aware, or should reasonably have become aware, that the misdiagnosis caused harm.

There are a few exceptions, though. For individuals under 18 years old, the two-year period begins on their 18th birthday, meaning they have until their 20th birthday to file a claim. Meanwhile, if the person is mentally or physically incapacitated, the statute of limitations may be paused until they regain capacity, or a legal representative may file on their behalf.

What Is the Average Payout for Medical Misdiagnosis in Ireland?

Compensation for medical misdiagnosis in Ireland can vary significantly depending on the severity of the harm caused. According to the Personal Injuries Guidelines, the average payout will depend on factors such as:

  • The extent of harm or disability caused by the misdiagnosis
  • The need for ongoing medical care
  • The emotional impact on the patient and their family

For example, severe cases involving permanent disability or major complications may result in compensation over €500,000, while mild cases may earn the plaintiff as little as €5,000. It all depends on the specific injuries, the level of suffering endured, and how well you prove your claims.

Start Your Medical Misdiagnosis Claim

If you or a loved one has been affected by a medical misdiagnosis, you must act quickly to seek the compensation you deserve. Our experienced team at Michael Boylan Litigation is committed to pursuing justice for you. We recognise the profound impact that misdiagnosis can have on your health and life, and we are committed to holding those responsible accountable. Contact us today to start your medical misdiagnosis claim and secure your future.

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Behind every case is a person, a family, a life forever changed. These are the voices of those we've supported, their stories of resilience, justice, and hope.

“Gillian, Michael and all the team in the Michael Boylan office. On behalf of Lucas and I, we would like to thank all of you so much for all of your help in bringing a satisfactory conclusion to Lucas's case. We wish your team every success in bringing the same results in the remaining cases and hope that they can now move forward with the rest of their lives. Continued success to all in your team.”

“I am deeply grateful for all the work that has been done on my behalf and honestly, can not thank you enough for your expertise, care and tenacity in seeing my case through its many stages. None of what has been achieved and subsequently secured, would have been possible were it not for you, and your team.”

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“First of all I wish to thank you once again for all the guidance you have given me in relation to this case and of course all the hard work you have put into it. It is a great relief to have reached a settlement and I can now move forward with my life.”

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