Personal Injury
Medical Negligence Lawyers

Medical misdiagnosis that can qualify for compensation includes:

• Failing to diagnose a condition that should have been identified
• Diagnosing a condition you do not have or diagnosing your true condition as something else ( incorrect diagnosis)
• Diagnosing a condition too late, leading to harm
• Misinterpreting test results, X-rays, or investigative scans
• Failing to order appropriate diagnostic tests
• Failing to refer to appropriate specialists for further investigation
• Failing to consider your symptoms or medical history

To establish a valid claim, you must prove that the healthcare provider breached their duty of care by failing to diagnose you correctly when a reasonable practitioner would have done so, and that this failure caused you harm. At Stacks Goudkamp, our experienced medical negligence lawyers carefully assess your case to determine whether the misdiagnosis falls below the appropriate standard of medical practice.

Medical misdiagnosis can result in significant harm, including:

• A medical condition that would otherwise not have been present
• Disease progression beyond the point where effective treatment is possible
• Disease progression where treatment is more extensive, invasive or radical
• Unnecessary treatment for a condition you don’t have
• Delayed treatment resulting in a worse prognosis
• Psychological trauma from incorrect serious diagnoses (such as cancer)
• Permanent disability that could have been prevented
• Reduced life expectancy or preventable death

The impact of misdiagnosis varies depending on the condition involved and how the error affected your treatment pathway. At Stacks Goudkamp, we understand the profound consequences of diagnostic errors and work diligently to secure appropriate compensation for all resulting harms.

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

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

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

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

Misdiagnosis cases often involve complex discovery issues because you may not immediately realise a diagnosis was incorrect. 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.

Compensation for medical misdiagnosis 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 the severity of harm caused by the misdiagnosis, its impact on your life, and your specific losses. At Stacks Goudkamp, our medical negligence lawyers work with specialist medical experts to establish how earlier or correct diagnosis would have changed your outcome, allowing us to properly quantify your claim.

Proving negligence in medical misdiagnosis cases requires establishing:

• The healthcare provider owed you a duty of care
• This duty was breached due to unreasonable diagnosis or failure to diagnose
• The breach caused you harm
• You suffered an injury that qualifies for compensation

We gather evidence from various sources, including:

• Medical records and test results
• Expert opinions from independent medical specialists
• Evidence of the appropriate diagnostic practices for your symptoms
• Witness statements where relevant
• Your own statement about the events and symptoms reported

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 a reasonable practitioner would have made the correct diagnosis in your circumstances.

Various healthcare providers can be held liable for misdiagnosis, including:

• General practitioners (GPs)
• Emergency department doctors
• Medical specialists such as cardiologists, oncologists or neurologists
• Radiologists who misinterpret images
• Pathologists who misinterpret test results
• Hospital staff collectively (through the Local Health District)
• Private clinics and medical centres

In some cases, multiple parties may share liability for a misdiagnosis. For example, both a GP who failed to refer you to a specialist and a radiologist who misinterpreted your scan may be found negligent.

At Stacks Goudkamp, we thoroughly investigate all parties involved in your care to identify everyone who may be responsible for the misdiagnosis, ensuring your claim is comprehensive and properly directed.

Medical negligence claims recognise that some conditions are difficult to diagnose, and doctors aren’t required to be perfect. However, they are expected to:

• Take a proper medical history
• Consider your symptoms appropriately
• Order appropriate tests when indicated
• Consider reasonable differential diagnoses
• Refer to specialists when necessary
• Follow up on concerning symptoms
• Communicate effectively with you about diagnostic uncertainty

A misdiagnosis claim isn’t based simply on whether the diagnosis was wrong, but whether the process followed was reasonable according to accepted medical practice. For example, if your condition had an unusual presentation or was rare, a misdiagnosis might not be negligent if the doctor followed proper diagnostic procedures.

At Stacks Goudkamp, our experienced lawyers work with medical experts to assess whether your healthcare provider met the standard of care expected, even when dealing with challenging diagnostic situations.

Medical misdiagnosis 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 misdiagnosis
• The need for multiple expert opinions
• The time needed to determine your long-term prognosis
• Court schedules if litigation is necessary

Misdiagnosis cases often require detailed expert evidence to establish what would have happened with a correct diagnosis, 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 medical misdiagnosis 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.

If you suspect you’ve been misdiagnosed, taking these steps can help protect your health and potential claim:

1. Seek a second medical opinion as soon as possible
2. Request and keep copies of all medical records, test results, and imaging
3. Keep a detailed journal of your symptoms at every stage and any change or progression
4. Document all conversations with healthcare providers
5. Follow all recommended treatment from your new healthcare providers
6. Keep receipts for all medical expenses
7. Contact Stacks Goudkamp for expert legal advice

Early legal advice is crucial as it allows us to secure important evidence and ensure time limitations don’t affect your claim. Our experienced medical negligence lawyers will provide a free, no-obligation assessment of your case and clear guidance on your options moving forward.