Misdiagnosis or delayed diagnosis
Assessment of cases in which a condition was not identified promptly, was interpreted incorrectly or the necessary investigations were not ordered.
Practice area
Medical negligence and malpractice
Representation of patients and families where harm may have resulted from medical error, diagnostic omission or inadequate healthcare.
Request a consultation01
Overview
An adverse outcome of medical treatment does not automatically establish liability. A rigorous review of the clinical records is required to determine whether the conduct of the healthcare professionals or facility fell below the applicable standard and whether it caused or aggravated the harm.
The Firm advises patients and their families on claims arising from diagnostic, surgical or therapeutic errors, delays in treatment, healthcare-associated infections and other potential instances of medical negligence.
Each matter begins with a legal and medico-legal assessment designed to establish whether the claim has a proper basis and to identify the most appropriate course of action.
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Services
Advice tailored to the individual case
Principal areas of assistance
Surgical error
Assistance in cases involving injury or complications attributable to the preparation, performance or postoperative management of surgery.
Therapeutic and medication errors
Assessment of harm arising from the inappropriate prescription, administration or management of medication, therapies or other treatment.
Obstetric and gynaecological negligence
Protection in matters concerning pregnancy, childbirth and the health of mother and child where potential omissions, delays or errors in care emerge.
Healthcare-associated infections
Examination of liability for infections contracted during hospital admission or treatment, including the prevention and control measures adopted by the healthcare facility.
Absence of valid informed consent
Assessment of cases in which the patient was not adequately informed about the nature of the treatment, foreseeable risks, therapeutic alternatives and possible consequences.
Permanent injury and loss of earning capacity
Assistance in quantifying personal injury and the financial, professional and care-related consequences of the harm suffered.
Death of a patient
Representation of family members where a death may be connected to an error, omission or delay in the provision of healthcare.
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In depth
The preliminary medico-legal assessment
Medical negligence requires legal and medico-legal issues to be examined together. Before a claim or court action is pursued, the available medical records must therefore be obtained and analysed.
Clinical records, reports, diagnostic images, prescriptions, certificates and evidence of the patient’s pre-existing health allow the events to be reconstructed and the possible causal connection between the alleged conduct and the harm to be assessed.
Where required, the Firm works with forensic physicians and specialists in the relevant discipline, selected according to the particular features of the matter.
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Approach
Analysis, strategy, representation
The Firm’s approach
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Obtaining the records
Collection of clinical records, medical reports, diagnostic tests, prescriptions and any other documents needed to reconstruct the course of treatment.
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Legal and medico-legal assessment
Review of the treatment provided, the harm suffered and the possible causal connection, with the assistance of the medical experts required by the case.
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Claims and litigation strategy
Selection of the most appropriate route among out-of-court engagement, preventive technical assessment proceedings, mediation and court action.
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In depth
Heads of damage that may be assessed
The assessment depends on the circumstances of the individual case. Relevant heads may include injury to health, pain and suffering, effects on everyday and family life, expenses incurred, loss or reduction of earning capacity, care costs and, in fatal cases, the loss suffered by family members.
Any valuation must be based on the medical evidence, the injured person’s individual circumstances and the specific facts of the case.
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FAQ
Essential information
Frequently asked questions
Does an adverse outcome always demonstrate medical negligence?
No. An unfavourable outcome is not, on its own, sufficient to establish liability. The conduct of the healthcare professionals, the patient’s condition, the nature of the illness and the causal relationship between any breach and the harm must all be assessed.
Which documents are needed for an initial assessment?
The complete clinical record, medical reports, diagnostic images, prescriptions, certificates, records of subsequent treatment and evidence of the patient’s condition before and after the event are usually relevant.
Is a forensic physician required?
A medico-legal assessment is generally essential in medical negligence matters. Depending on the case, input may also be required from a specialist in the healthcare discipline concerned.
Does the Firm represent doctors and healthcare facilities?
This page is specifically concerned with representing patients and their families in claims arising from alleged medical negligence.
Contact
Initial assessment
The first step
Request an initial assessment of your case
You may send the available documents to the Firm and request an initial consultation to reconstruct the relevant events, identify the material legal issues and assess the most appropriate course of action.