Delayed Diagnosis Claims

At Gibson & Associates LLP, we understand that delayed diagnosis claims can feel daunting. That’s why we provide you with support at every step of the process. If you or someone you love has suffered a delayed diagnosis, you can trust our experienced medical negligence solicitors to provide expert guidance about making a claim for financial compensation.

What is delayed diagnosis?

A delayed diagnosis can feel like a frustrating setback in an already challenging journey. It happens when there’s an avoidable delay in identifying an injury or illness, prolonging the uncertainty and potentially impacting treatment outcomes.

When patients see their GP or visit the accident and emergency department with a set of symptoms, they can undergo a series of tests to pinpoint the cause of their symptoms. These tests, ranging from blood work to x-rays and ultrasounds, serve as vital tools for healthcare professionals and help them make a diagnosis for the patient’s condition.

However, medical professionals can make mistakes, with a delayed diagnosis allowing the condition to progress unchecked and without the treatment that is needed. This can leave a patient feeling disheartened and overlooked. If you have suffered from a delayed diagnosis, you could be eligible to make a claim for financial compensation.

Talk to our trusted medical negligence solicitors today to find out more.

How does a delayed diagnosis affect patient outcomes?

A delayed diagnosis can profoundly impact a patient’s health and well-being and can often lead to worsened outcomes. For example:

  1. Stroke: A delayed diagnosis of stroke can result in irreversible brain damage or long-term disability, affecting motor skills, speech, and cognitive function. Without prompt medical intervention, the risk of recurrent strokes also increases.
  2. Cancer: When a cancer diagnosis is delayed, it often leads to detection at an advanced stage, limiting treatment options and effectiveness. This delay may allow cancer to spread to other organs, diminishing prognosis and reducing survival rates.
  3. Heart Attack: Delayed diagnosis of a heart attack can cause damage to the heart muscle, potentially leading to heart failure, irregular heart rhythms, or even subsequent heart attacks. In severe cases, it can result in life-threatening complications such as cardiogenic shock or cardiac arrest.
  4. Meningitis: If meningitis is not promptly diagnosed, it can lead to severe neurological complications like brain damage, seizures, or hearing and vision impairment. Additionally, bacterial meningitis, if left untreated, can be fatal due to the risk of septicaemia.
  5. Sepsis: A delayed diagnosis of sepsis can result in systemic organ failure and septic shock, characterised by dangerously low blood pressure and multiple organ dysfunction. Without timely treatment, sepsis has a high mortality rate, particularly in severe cases.
  6. Appendicitis: When appendicitis is not diagnosed promptly, the inflamed appendix may rupture, leading to peritonitis or the formation of abscesses in the abdomen. This can prolong recovery time and increase the risk of post-surgical complications.
  7. Blood Clot: Delayed diagnosis of a blood clot, such as deep vein thrombosis (DVT), increases the risk of pulmonary embolism if the clot travels to the lungs, or stroke if it lodges in the arteries supplying the brain. Long-term complications like chronic venous insufficiency or post-thrombotic syndrome may also occur.

How to Make a Claim

Making a claim for financial compensation for delayed diagnosis can feel daunting, but you can trust our experienced medical negligence solicitors to explain the process clearly and provide advice about your legal options.

Compensation can be essential to providing access to treatment and rehabilitation in the future, and to cover lost wages and other expenses incurred as a result of the delayed diagnosis.

Our medical negligence solicitors will approach your case with sensitivity and compassion, helping to ease your worries around making a claim and the investigation process, involves establishing the exact nature and extent of the injury and how it affects the individual’s quality of life.

Our medical negligence solicitors help people all over Ireland to receive fair compensation for accident and emergency negligence.

Our experienced medical negligence solicitors will work closely with you to determine the nature of your delayed diagnosis before sourcing the expert medical reports required to support your case.

You can be confident our medical negligence solicitors will handle your case with compassion and sensitivity, and make the claim process as straightforward as possible.

For a confidential discussion about your situation, please reach out to our team on 01 264 5555.

Frequently Asked Questions about delayed diagnosis claims

Is there a time limit on making a claim?

Legal proceedings must be commenced within two years of the date of knowledge of the delayed diagnosis, subject to certain exceptions. In a lawsuit, the ‘date of knowledge’ refers to the date on which the plaintiff knew or ought to have known that he or she had suffered a delayed diagnosis.

An important exception is in the case of persons under the age of 18, who are described in law as minors or infants. For minors, the Statute of Limitations ‘clock’ does not begin until a child reaches their eighteenth birthday. For more information see Child Injury Claims.

What will compensation cover?

Compensation may cover medical expenses, lost wages, future medical bills, future lost earnings, and will take into account the impact of the negligence on the individual’s quality of life. Our medical negligence solicitors assess each case thoroughly to determine an outcome that is in your best interests.

How do I access my medical records?

A copy of your medical records can be requested from the hospital, clinic, or medical professional that treated you under the Freedom of Information Act. Alternatively, we can arrange to obtain a copy of your records on your behalf; to do so, you will need to sign an authority form that gives us permission to obtain your records.

What does 'No Win, No Fee' mean?

The concept of “no win, no fee” (also known as “no foal, no fee”) is common practice among solicitors in Ireland. Under this type of agreement, the solicitor will take on your personal injury or any other type of case, and if the case isn’t won, the solicitor won’t charge you a fee. The sole purpose of “no win, no fee” is to give you the legal power to pursue a claim regardless of your financial state or legal experience.

How we support your accident and emergency claim

How do I make a claim?

Once your solicitor has gathered the information they need about your case, you can then submit your claim. It is very important a solicitor that specialises in medical negligence files your claim.

Discuss your delayed diagnosis case with our Medical Negligence Solicitors

If you feel you didn’t receive the right treatment from a medical professional and it resulted in an injury or worsening of an illness, you need to consult a medical negligence solicitor immediately following the incident.

  • Under Irish law, filing a medical negligence claim can be complex.
  • It is important to discuss your claim with a specialist medical negligence solicitor before filing to ensure every detail of your case is thoroughly scrutinised.
  • Your claim could be delayed if you file it without consulting a solicitor first.
  • You can find out about the time limit associated with your medical negligence claim with help from a solicitor.

Obtaining all relevant medical records before filing for a claim

A medical negligence claim must prove that your injury or worsened health outcomes were caused by physician or facility providing your care. To help build your case, your solicitor will request access to your medical records and obtain any other relevant documents needed.

Obtaining Expert Report

Once your solicitor has compiled your medical reports, they will enlist a third-party medical expert to assess them. This assessment will determine whether you received substandard medical care and if negligence applies. The assessment of your medical records needs to prove that if you had received the right medical care, the outcome of the error or mistake might have been avoided.

Letter of Claim

If the third-party medical expert determines that medical malpractice has occurred, your solicitor will draft a Letter of Claim. The purpose of a Letter of Claim is to outline the nature of your case and to invite the medical practitioner to settle it and agree to financial compensation. The response to your Letter of Claim will determine whether your case will be brought to court or settled out of court. While this may sound daunting, your solicitor at Gibson & Associates LLP will be by your side to guide you through each step of the legal process.

At Gibson and Associates LLP, our dedicated medical negligence solicitors understand the pain and mental stress of injuries caused by medical malpractice, and have supported many people in similar situations to pursue medical negligence claims in Ireland. Our solicitors will approach your case with care and compassion, and are here to support you throughout the case with the understanding and attention you deserve.