Delayed Diagnosis

Delays in diagnosis might arise as a result of a failure to see someone within a reasonable amount of time, or to not carry out adequate investigations within good time. If investigations are carried out, there can be delays in reviewing or acting upon the results of those investigations.

If a fracture is missed on an x-ray for example, there might be a delay until the fracture is identified and treated. If the delay causes someone to be worse off as a result, this can be classed as negligence.

A large number of medical negligence claims derive from a delay in diagnosis of a medical condition or injury resulting in a patient’s condition worsening or in some cases their early demise.  Delays can occur in all areas of medicine, and these are some examples of cases we have seen:

• Failure to act upon symptoms of cauda equina syndrome within 48 hours of presentation of such symptoms.
• Delay in diagnosis of fractures resulting in surgery or loss of function
• Delay in the delivery of a baby, causing hypoxia and resulting in cerebral palsy
• Delay in diagnosis of cancer resulting in a reduced life expectancy
• Delay of diagnosis of diabetes
• Delay in diagnosis of pulmonary embolism
• Delay in diagnosis of meningitis
• Delay in diagnosing an infection resulting in amputation
• Delay in diagnosis of a condition resulting in the loss of a loved one
• Delay by your GP to refer you for further investigations such as x-rays or blood tests
• Delay by your GP to refer you for specialist treatment

If you can show that there has been a delay in your diagnosis or treatment, for a case to be successful you also need to show that the delay has caused you some form of injury. In those circumstances, we consider the ‘but for’ test: so, but for the delay, would you be any better off? We investigate this by instructing independent medical expert witnesses to review the treatment provided and report on the likely effect of the delay on you.

Here at Waldrons Solicitors, we have an experienced team of Lawyers who are dedicated to getting the best possible outcome for you. We aim to investigate any concerns and find out exactly what has happened, with the aid of leading medical experts. We will assist you in recovering the compensation you deserve.

As well as telephone consultations, we offer in-person meetings and home visits to make this experience as stress-free as possible.