Clinical Negligence misdiagnosis leading to unnecessary operations

A misdiagnosis claim usually refers to a doctor or healthcare professional negligently misdiagnosing a patient’s condition. As a result of this, the patient could have life-changing and/or unnecessary operations from the incorrect diagnosis.

This can lead to lifelong complications, and anyone affected by a misdiagnosis situation where unnecessary treatment has been carried out may be entitled to bring a claim for medical negligence compensation.

Case study 1

By way of a very tragic example, Reuben Harvey-Smith (aged 3) had both of his legs and seven fingers amputated after doctors misdiagnosed him with tonsillitis, when in actual fact he had a deadly toxic shock syndrome. The NHS doctors failed to diagnose the potentially fatal syndrome; an illness caused by a bacterial toxin.

Although toxic shock syndrome is a rare condition, it is life-threatening. The doctors were negligent for failing to correctly diagnose the symptoms, and the condition worsens very quickly and can be fatal if not treated properly. The NHS choices website notes that if it’s diagnosed and treated early on, most people will make a full recovery. Unfortunately, this wasn’t the case for Reuben, and doctors failed to diagnose his symptoms and therefore Reuben had no choice but to have his legs and seven of his fingers amputated.

Reuben was first rushed to hospital after accidentally burning himself, but he was admitted to hospital a couple of days later reporting to have high fever and a sore throat. Reuben’s mum, Lou, was told by the consultant that Reuben would have to undergo the amputation. Lou stated:

“…more needs to be done so that the medical profession recognise the link between burn injuries and toxic shock.”

Ipswich Hospital NHS Trust has admitted full liability for the misdiagnosis and the Sun newspaper reports that an unreserved apology was sent to Reuben and his family. The Trust also mentions compensation that is due to Reuben and his family for the negligent treatment:

“…the Trust are committing to ensuring that Reuben is appropriately compensated so that he has the care, prostheses and equipment that he needs throughout his life.”

Ipswich Hospital said that: “we are working with the family to ensure that lessons are learnt from Reuben’s case and further training has been provided to A&E staff on recognising the warning signs of septic shock treatment”.

Case study 2

Unfortunately, a misdiagnosis claim is a worldwide pandemic. Sharon Marson, a Canadian citizen, had her kidney removed after she was misdiagnosed with cancer. Sharon attempted to sue the medical professional at The Ottawa Hospital after the misdiagnosis and treatment. The medical professionals concluded that Sharon had cancer and recommended that the kidney be surgically removed.

In one court document, Sharon said:

“I was told that the pathology report, much to Dr. Leahy’s surprise, was not cancer. I had been misdiagnosed. I had a kidney infection and scar tissue.”

However, she was left uncompensated when Sharon when the Ontario Superior Court of Justice dismissed her case on grounds that she waited too long to pursue it. Sharon had her kidneys removed in August 2000 and only pursued the lawsuit in 2015. For most lawsuits in Canada, the claim must be pursued within 2 years.

Let our dedicated team help you

If either of the two stories above sound familiar to you, you may be eligible for compensation.

If you have been misdiagnosed and have had an unnecessary operation as a result, you may be entitled to claim. Contact us today and our specialist clinical negligence team can help you pursue a claim.

The content of this post/page was considered accurate at the time of the original posting and/or at the time of any posted revision. The content of this page may, therefore, be out of date. The information contained within this page does not constitute legal advice. Any reliance you place on the information contained within this page is done so at your own risk.

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