What to do if you suspect medical negligence

Most people make appointments to see a GP with the confidence that they will find the proper treatment for what is ailing them.  However, when the diagnosis gets more complicated and surgery or high level treatment options come to the front, it is possible that a doctor may make a misdiagnosis that forever changes the path of your life or the life of someone you love.  It is possible that this small mistake may disable or shorten the lifespan of a loved one forever, which is when a medical negligence claim comes into the forefront.

There are many different reasons that may warrant the exploration of a medical negligence claim, but first there are a few things that you must determine to prove that a doctor did make a misdiagnosis.  First of all you will need to establish that the medical professional in question was in charge of the health and care of the person involved.  Then you will need to prove that they gave the diagnosis that is in question, because if you do not have evidence to support these claims then you cannot move forward with a medical negligence claim.

Once this evidence is in place the next step becomes proving that the doctor did in fact make a misdiagnosis.  This can be easy to prove or hard to prove depending on at what point the misdiagnosis took place.  For instance, a doctor that misses a breach baby during birth resulting in birth defects makes for a clean case for the most part since it is easy to spot the mistake.

However, a doctor that for instance diagnoses a cancer progression at the wrong stage leading to non-aggressive treatment when aggressive treatment should be given is a bit more of a gray area that may be harder to prove to make a medical negligence claim possible.

While working on gathering the evidence that is needed to support your medical negligence claim you should also look at how the outcome for proper diagnosis and treatment is on average.  While there are bound to be some discrepancies in every outcome, in general there should be some type of expected outcome which can be weighed against your experience to show that the doctor was wrong proving the medical negligence claim has enough validity to be taken seriously in court.  This will help expedite the speed that your case is settled or taken to trial.

Finally, while pursuing the proof to back the misdiagnosis claim keep in mind that there is a time limit in which all medical negligence claims must be filed within Wales and England.  Although there are special cases in which the court can use discretion to trial a case, the court rarely uses this power and you will have a three time period in which a medical negligence claim can be filed.  Thus, if you have any suspicion that a doctor has misdiagnosed it is best to act promptly.