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In summary:
Medical misdiagnosis can have serious, sometimes life-changing consequences. It occurs when a condition is missed, incorrectly identified, or diagnosed too late, leading to incorrect treatment, prolonged suffering, or even permanent harm.
If you’ve experienced this, you may be entitled to compensation. Claims require proof of negligence and harm caused by the delay or error, supported by medical records and expert reports.
From cancer and stroke misdiagnoses to infections like our client Jono’s Story, timely legal advice is essential. Maurice Blackburn offers No Win, No Fee support and can help you understand your rights and next steps. Time limits apply so it’s important to act early.
When a healthcare provider fails to diagnose a condition correctly or in a timely manner, the consequences can be life-altering.
If medical negligence has resulted in harm, you may have the right to seek compensation.
What is medical misdiagnosis?
Medical misdiagnosis occurs when a doctor or specialist:
- Fails to identify a condition altogether.
- Diagnoses the wrong illness, leading to incorrect treatment.
- Delays a diagnosis, causing a condition to worsen before appropriate care begins.
Errors in diagnosing a medical condition can arise due to a lack of testing, misinterpretation of results, or a failure to consider a patient’s full medical history.
How to make a medical misdiagnosis compensation claim
If misdiagnosis has led to further injury, prolonged suffering, or financial burden, you may be entitled to claim medical misdiagnosis compensation.
For a claim to be successful, you must prove:
- Negligence – When a healthcare professional fails to provide an appropriate standard of care by negligently misdiagnosing or delaying the diagnosis of your condition. Proving negligence requires showing a departure from accepted medical standards.
- Causation – The misdiagnosis led to further injury, complications, or a worsened prognosis.
Seeking legal advice can help determine your claim eligibility.
What evidence do you need?
What evidence do you need?
Documentation of your condition, treatments, and the timeline of your diagnosis.
A second opinion from a specialist can confirm if errors were made.
Reports from independent medical professionals are needed to prove negligence and causation.
Evidence of treatment costs, loss of income, and other expenses linked to the misdiagnosis.
Table of content
Common examples of medical misdiagnosis
Early detection is crucial for many cancers. If symptoms are overlooked or misattributed, the disease may progress to an advanced stage, reducing treatment options and survival chances. Learn more about cancer misdiagnosis claims.
Symptoms of a stroke or heart attack are sometimes mistaken for anxiety, migraines, or indigestion. Delayed intervention can lead to permanent disability or death. Learn more about stroke and heart attack misdiagnosis claims.
Sepsis, meningitis, and serious bacterial exposure require urgent care. When these conditions are misdiagnosed, patients may suffer life-threatening complications.
Any questions? Check out our FAQ.
Jono’s Story: How a serious infection misdiagnosed as a muscle strain changed my life
Jono had always worked with horses. He’d been a trainer, a musterer, and a farrier. Jono was at a camp drafting event when he felt what he described as a “pop” in his thigh. Being an experienced horseman used to the injuries that come with participating in horse events, he didn’t think too much of it at the time.
This felt different – he knew he was very unwell but trusted the advice doctors were giving him that his injury was a simple strain. By the evening of the next day, Jono was so unwell that he was again transported by ambulance to the hospital, and finally, doctors identified what they had missed twice – a serious flesh-eating infection.
The failure to pick up the infection earlier meant that Jono was now facing a medical emergency requiring medical evacuation and urgent treatment.
The failure to identify and treat the infection earlier has left Jono with significant scarring, ongoing pain and restricted movement in his right leg.
When Jono realised the impact that the misdiagnosis had on his future, he reached out to Maurice Blackburn for advice.
Our lawyers will work with you through every step of the process
You’re in safe hands with Maurice Blackburn. We are renowned for our expertise in medical negligence law. Our experienced lawyers provide compassionate and effective representation, ensuring our clients receive the justice they deserve.
No Win, No Fee – What it means for you
We offer No Win, No Fee arrangements for many of our legal services. We fight to provide you with the best legal advice and representation while keeping our fees as low as possible.
Frequently Asked Questions about medical misdiagnosis
Compensation for misdiagnosis varies based on the severity, the impact on the patient’s health, and the financial losses incurred. Factors such as medical expenses, lost wages, pain and suffering and any care requirements are typically considered when calculating a compensation claim.
Factors affecting your claim amount
- Severity of harm – The degree of severity and the impact that misdiagnosis has on your health and quality of life...
- Financial loss – Lost wages, ongoing medical costs, and future care requirements.
- Pain and suffering – Compensation for physical and emotional distress caused by the misdiagnosis.
Strict time limits apply to medical misdiagnosis claims. In Australia, time limits vary between jurisdictions. There are also different time limits for adults, children, and individuals who lack capacity. It is important to seek legal advice as soon as possible, as missing these time limits can have serious consequences and may prevent a claim from going forward.
- Get a second opinion – Another doctor can confirm if the diagnosis was incorrect or delayed.
- Request your medical records – These provide insight into test results, treatment plans, and previous diagnoses.
- Document your experience – Keep track of symptoms, treatments, and any difficulties faced.
- Consult a misdiagnosis lawyer: Seek legal advice to understand your rights and options.
If you believe a medical professional’s failure led to serious harm, legal action may be an option. Claims can be made against:
- GPs and specialists who failed to diagnose or misdiagnosed a condition.
- Hospitals and clinics where individual or systemic failures contributed to a diagnostic error.
Seeking advice from medical misdiagnosis lawyers ensures you understand your rights and options.
Our lawyers will work with you through every step of the process
If a medical misdiagnosis has impacted your health, speak to Maurice Blackburn. Our expert lawyers will assess your case, explain your options, and guide you through the next steps to securing the compensation you deserve.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
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Marie Eberlein
Senior Associate, State Leader Medical Negligence, Medical injury
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Perth, WA
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(08) 6220 4300
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