Personal Injury
Delayed Diagnosis Lawyers

Delayed diagnosis or treatment that can qualify for compensation includes:

• Ignoring serious signs and symptoms of an underlying condition
• Failure to promptly investigate symptoms that indicate a serious condition
• Unreasonable waiting times for essential diagnostic tests or procedures
• Failure to refer to specialists in a timely manner
• Delayed review of test results leading to treatment delays
• Communication errors leading to a lack of knowledge of patient history or condition at prior consultation with other health practitioners
• Administrative errors leading to a failure to follow-up, loss of test results or missed appointments
• Failure to advise patients about concerning symptoms that necessitate returning to the health practitioner
• Delays in implementing or escalating treatment after a diagnosis

To establish a valid claim, you must prove that the healthcare provider breached their duty of care through unreasonable delays, resulting in harm that would have been avoided with earlier diagnosis and treatment. At Stacks Goudkamp, our experienced medical negligence lawyers assess each case to determine whether the delay falls below the appropriate standard of medical practice.

Delays in diagnosis or treatment can cause harm in numerous ways:

• Causing a new medical condition or disease
• Disease progression that could have been prevented or alleviated
• Requirement for more invasive or aggressive treatment
• Reduced effectiveness of treatment when finally provided
• Reduced chances of recovery or survival
• Development of preventable complications
• Increased pain and suffering during the delay period
• Permanent disability that could have been minimised or prevented
• Psychological trauma from worsening condition

The impact of delays varies depending on the condition involved. For time-critical conditions such as cancer, stroke, infections, or heart attacks, even short delays can significantly worsen outcomes. At Stacks Goudkamp, we work with medical experts to establish how earlier diagnosis or treatment would have changed your outcome.

Proving negligence in delayed diagnosis or treatment cases requires establishing:

• The healthcare provider owed you a duty of care
• This duty was breached by unreasonable delays
• The delay caused harm that would have been avoided with timely care
• You suffered an injury that qualifies for compensation

We gather evidence from various sources, including:

• Medical records showing the timeline of care
• Expert opinions from independent medical specialists
• Medical literature on recommended timeframes for diagnosis/treatment
• Evidence of reasonable practice for your condition
• Your own statement about the symptoms reported and timing of reporting

At Stacks Goudkamp, we have over 40 years of experience in medical negligence claims and access to highly regarded medical experts who can determine whether the delays in your case were unreasonable and harmful.

Compensation for delayed diagnosis or treatment typically covers:

• Pain and suffering and loss of enjoyment of life
• Past and future medical expenses
• Past and future loss of income and earning capacity
• Loss of superannuation
• Care and assistance needs, both paid and unpaid
• Home and vehicle modifications if required
• Medication and aids and equipment
• Travel expenses related to medical treatment

The value of your claim will depend on how the delay affected your prognosis and the differences in outcome between what occurred and what would have transpired with timely care. At Stacks Goudkamp, our delayed diagnosis lawyers work with specialist medical experts to assess the full impact of the delay on your life and future needs.

In NSW, strict time limits apply to medical negligence claims, including delayed diagnosis cases. Generally, you have:

• 3 years from when you discovered the cause of action
• A maximum of 12 years from when the negligent delay occurred, regardless of when you discovered the injury

It’s important to understand that “discovery” doesn’t simply mean when the delay occurred, but when you became aware of each of the following:

• You suffered harm due to the delay
• The harm was caused by the fault of the medical professional
• The injury was serious enough to justify making a claim

Delayed diagnosis cases often have complex discovery issues because you may not immediately realise that earlier intervention would have made a difference. We recommend seeking legal advice as soon as possible as exceptions may apply in certain circumstances. At Stacks Goudkamp, we can assess your specific situation and help determine the applicable time limits.

Yes, you can claim compensation for negligent delays in the public hospital system. While resource limitations and waiting lists are realities in public healthcare, hospitals still have a duty to:

• Properly triage and prioritise cases based on urgency
• Perform and follow up on test results
• Ensure referrals are processed appropriately
• Communicate effectively about delays and their potential consequences
• Provide alternatives when delays may cause harm

Claims against public hospitals are typically made against the Local Health District rather than individual doctors, and are handled by the NSW Treasury Managed Fund.

At Stacks Goudkamp, we have extensive experience with claims against both public and private healthcare providers and understand the unique challenges involved in establishing negligence within the public system.

Even if your condition would have eventually worsened, you may still have a claim if the delay:

• Caused a new condition or accelerated the deterioration of your condition
• Reduced treatment options that would have been effective or available earlier
• Caused additional pain and suffering during the delay period
• Shortened your life expectancy, long-term survival rate or quality of life
• Required more taxing or aggressive treatment than would have been needed with earlier intervention
• Reduced the probability of a better outcome

Medical negligence law recognises the concept of a loss of improved prospects – where negligence deprives you of the opportunity for a better outcome, even if that outcome wasn’t guaranteed.

At Stacks Goudkamp, our experienced lawyers work with medical experts to assess how the delay affected your prognosis compared to what would have occurred with timely intervention, even if some deterioration was inevitable.

Delayed diagnosis compensation claims typically take between 18 months and 3 years to resolve, though this timeframe can vary based on:

• The complexity of the medical issues involved
• Whether liability is disputed
• The severity of harm caused by the delay
• The need for multiple expert opinions
• The time needed to determine your long-term prognosis
• Court schedules if litigation is necessary

Delayed diagnosis cases often require detailed expert evidence to establish what would have happened with earlier intervention, which can add to the timeframe.

At Stacks Goudkamp, we work efficiently to progress your claim while ensuring we never compromise on thoroughness or the compensation you deserve. We keep you regularly updated on the progress and expected timeframes throughout the process.

At Stacks Goudkamp, in most cases, we handle delayed diagnosis claims on a No Win, No Fee basis, meaning:

• You pay no upfront legal costs
• We fund all expenses during your claim, including expert medical reports, which can be costly
• Legal fees to us are only payable if your claim is successful
• A percentage of your legal costs will be recovered from the insurer if your claim succeeds

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding medical reports and other expenses. We cover these costs ourselves, ensuring you don’t face additional financial burdens during an already challenging time.

During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding.

Key evidence in delayed diagnosis and treatment claims includes:

1. Complete medical records showing the timeline of consultations, tests, and treatments
2. Referral letters and correspondence between healthcare providers
3. Diagnostic imaging and test results, including dates they were performed and reviewed
4. Evidence of cancelled or rescheduled appointments and their reasons
5. Records of symptoms reported at each consultation
6. Expert medical opinions on appropriate timeframes for your condition
7. Medical literature on the effects of treatment delays for your condition
8. Witness statements from family members about reported symptoms and deterioration

At Stacks Goudkamp, we have extensive experience gathering and analysing complex medical evidence to build compelling delayed diagnosis claims. We work with respected medical experts who can clearly explain how delays affected your outcome and what should have occurred with appropriate care.