A failure to diagnose appendicitis may appear to be a clear case of medical negligence; however appendicitis does not always have easily identifiable symptoms, and the classic symptoms of lower right abdominal pain, fever, nausea and vomiting may not affect certain individuals. In some cases, none of these classic symptoms may be present.
Without the standard symptoms being displayed, a failure to diagnose appendicitis may be a mistake that would be made by any competent doctor. However, regardless of the symptoms in a patient, a doctor should still conduct all the necessary tests to rule out this potentially fatal health problem. When appropriate tests have not been ordered, or when a failure to diagnose appendicitis could have been prevented, there could be a case for ‘failure to diagnose appendicitis’ compensation to be claimed.
Failure to Diagnose Appendicitis and Compensation Claims
A failure to diagnose appendicitis can be medical negligence, and can result in a successful claim for compensation. However whether or not a claim for compensation for a failure to diagnose appendicitis can be made will depend on the circumstances which led to the misdiagnosis of appendicitis. Any potential claim for medical negligence compensation for failure to diagnose appendicitis must be assessed by a medical negligence solicitor.
Medical negligence means that a doctor has failed in a duty of care to a patient, and has demonstrated poor professional performance or has been incompetent. In the case of a failure to diagnose appendicitis, this could be due to failing to perform a physical examination such as a pressure test on the lower abdomen to gauge pain. If diagnostic tests have not been performed to aid a diagnosis, and there has been a failure to diagnose appendicitis, this too can be classed as medical negligence. It is a doctor’s duty to inform the patient that they must seek medical attention if the condition deteriorates, and if this has not happened or if there has been a failure to follow up effectively, the doctor concerned could be guilty of medical negligence.
Eligibility to Claim Compensation for Failure to Diagnose Appendicitis
In order to be eligible to make a claim for compensation for failure to diagnose appendicitis in Ireland, a delay in diagnosis or a misdiagnosis must have caused harm, a deterioration in the condition, or resulted in a further injury being sustained; such as septicaemia or peritonitis.
Whether you will be able to make a claim for failure to diagnose appendicitis will depend on the actions of the doctor, or any omissions made by the doctor which should have led to the correct diagnosis of appendicitis. ‘Failure to diagnose appendicitis’ compensation claims will be affected by the delay between symptoms of the condition first being communicated to a doctor and when a diagnosis was finally made. You must be able to prove that ‘on the balance of probabilities’ that a competent and attentive doctor presented with your symptoms would have completed an examination, ordered the necessary medical tests and would have arrived at the correct diagnosis in time to take action to prevent the condition from deteriorating.
Free Legal Advice on a Claim for Failure to Diagnose Appendicitis
For free legal advice on making a claim for compensation for failure to diagnose appendicitis, we invite you to call our free medical negligence claims helpline for advice. Whether you are looking to claim compensation for an injury that you have personally sustained due to a failure to diagnose appendicitis, or if a loved one has been injured as a result of a misdiagnosis, our team of highly experienced medical negligence solicitors will be able to assist you.
Our solicitors will assess your eligibility to claim compensation, and will advise you of the strength of your claim. You will also be told what you must do next in order to initiate a claim for compensation for the failure to diagnose appendicitis.
All calls to our helpline are treated in strict confidence, and the advice provided will be accurate, up to date and impartial.
Call our medical negligence claims helpline on Freephone 1800 989 995 between 8.00am and 10.00pm any day of the week, or request a call back by completing our contact form below.
