Medical misdiagnosis claims

How to make a medical misdiagnosis compensation claim

If a misdiagnosis has caused additional injury, complications, pain and suffering, financial loss, or a poorer health outcome, you may be entitled to seek compensation. To make a successful claim, it is generally necessary to establish:

How do you prove medical negligence?

Not every diagnostic mistake amounts to negligence. Healthcare professionals are expected to provide care that meets accepted professional standards.

To establish negligence, it must generally be shown that the diagnosis or treatment provided fell below the standard expected of a reasonably competent healthcare professional in similar circumstances. For example, negligence may arise where:

• symptoms were not properly investigated
• appropriate testing was not ordered
• test results were incorrectly interpreted
• important clinical information was overlooked
• a diagnosis was delayed when earlier intervention may have prevented further harm.

Independent medical experts are often required to assess whether the care provided met accepted standards and whether the outcome could have been avoided.

Our experienced medical negligence lawyers can help assess the circumstances of your case and explain whether a claim may be available.

Jono’s Story: How a serious infection misdiagnosed as a muscle strain changed my life

Jono had spent much of his life working with horses as a trainer, musterer, and farrier.

While attending a camp drafting event, he felt what he described as a "pop" in his thigh. Initially, he believed he had suffered a muscle injury. When he sought medical attention, he was repeatedly reassured that the problem was simply a strain.

However, Jono knew something wasn't right.

By the following evening, his condition had deteriorated significantly, and he was taken back to hospital by ambulance. Doctors finally identified what had previously been missed: a serious flesh-eating infection requiring urgent treatment.

The delay in diagnosis meant Jono faced a medical emergency that required extensive medical intervention.

As a result of the delayed diagnosis, Jono now lives with significant scarring, ongoing pain, and restricted movement in his leg.

When he realised the impact the misdiagnosis would have on his future, Jono turned to Maurice Blackburn for advice about his rights and options.

Taking legal action after a medical misdiagnosis

Depending on the circumstances, a claim may arise against:

• general practitioners
• specialists
• hospitals
• emergency departments
• medical clinics
• other healthcare providers involved in your care

Medical negligence claims often involve reviewing extensive medical records and obtaining independent expert evidence.

Our team can explain the legal process, investigate what happened, and help you understand whether pursuing a claim is the right option for you.