Misdiagnosis

Seanachai

If somebody gets tested for a condition in the public health system and is told that they are negative for a certain condition and subsequently get a positive diagnosis privately, can they then take a case against the HSE?

antix80

Depends, did you suffer a loss or are you just a greedy opportunist?

Mod
Abusive and OTT imho. Be nice here

Irishphotodesk

If you can prove misdiagnosis then contact a solicitor, given your suspicions, I would suggest contacting a solicitor for advice, and see if they think you have a case, but be prepared with all legal actions there’s a risk that it could cost you money.

Seek out a solicitor with personal injuries/med neg experience.

28064212

Misdiagnosis does not necessarily equate to medical negligence. You would have to show that there was an actual preventable mistake made. Talk to a solicitor

Seanachai

28064212 wrote: »

Misdiagnosis does not necessarily equate to medical negligence. You would have to show that there was an actual preventable mistake made. Talk to a solicitor

Does saying that a certain test is unnecessary constitute negligence?

Caranica

Not every test is 100% accurate. A condition runs in my family. Available genetic test can only detect 20% of cases. So a positive result is a positive result but there's a huge chance a negative result could actually lead to the person developing the condition. As a result, none of the next generation have been tested.

28064212

Seanachai wrote: »

Does saying that a certain test is unnecessary constitute negligence?

I could walk in tomorrow and ask for an xray because I believe I have bowel cancer, even though I have no symptoms and a low risk profile. They could rightly tell me that the test is unnecessary That doesn't mean I don't have bowel cancer, but it also doesn't mean they were in the wrong

coylemj

Caranica wrote: »

A condition runs in my family. Available genetic test can only detect 20% of cases. So a positive result is a positive result but there's a huge chance a negative result could actually lead to the person developing the condition.

Could 'lead' to the person developing the condition :eek:

There are risks associated with procedures like biopsies but what you're suggesting is that simply doing a test for the condition can trigger the condition!

Did you mean to say that, notwithstanding a negative result, a person can still go on to develop the condition?

coylemj

Medicine is an inexact science, can you show that the condition existed at the time of the negative diagnosis? Is it a condition or illness that has a low rate of detection? Some conditions present as vague symptoms and/or can evade detection on the first test and require follow-up tests if the symptoms persist.

In short, there is no simple answer to your question.

Caranica

coylemj wrote: »

Could 'lead' to the person developing the condition :eek:

There are risks associated with procedures like biopsies but what you're suggesting is that simply doing a test for the condition can trigger the condition!

Did you mean to say that, notwithstanding a negative result, a person can still go on to develop the condition?

Yeah, bad choice of words. Ironically, I was in hospital at the time I posted... Not with the condition

PatrickSmithUS

Seanachai wrote: »

If somebody gets tested for a condition in the public health system and is told that they are negative for a certain condition and subsequently get a positive diagnosis privately, can they then take a case against the HSE?

Sure are you not following the Ovarian Cancer scandal.



You'll have a number of options and a solicitor would likely advise you to sue the Doctor, the HSE or any third party company that was responsible for conducting the test.


There's another example of it

Mod deletion. Reference to a firm offering med neg advice
Patrick SmithUS, please do not post again on this thread

Graces7

Seanachai wrote: »

If somebody gets tested for a condition in the public health system and is told that they are negative for a certain condition and subsequently get a positive diagnosis privately, can they then take a case against the HSE?

The best people to advise are the Personal Injuries Board and the Patients Association. cannot post links here but google will help

The PIA are very keen and excellent .

And good luck; I mean that. I was too ill to pursue a valid claim.

Robbo

Graces7 wrote: »

The best people to advise are the Personal Injuries Board and the Patients Association. cannot post links here but google will help

The PIA are very keen and excellent .

And good luck; I mean that. I was too ill to pursue a valid claim.

Two things; PIAB will not advise in any way and PIAB do not deal with medical negligence claims.

Graces7

Robbo wrote: »

Two things; PIAB will not advise in any way and PIAB do not deal with medical negligence claims.

They were to deal with it as a personal injury claim. Their idea. In their advice on the phone.