Medical Misdiagnosis - Negligence ?

kay159

I'm not really sure this fits into this board but posting here hoping someone can give me some advice
A friend of mine is nearly 18. He was diagnosed with Cerebral Palsy and Cystic Fibrosis in the first few months of life
Since then he has undergone treatment for both
The CP is relatively mild
The CF has also been mild but has seen him hospitalised at various stages of his life
He was initially told that his life expectancy was 18-25 years of age and although there have been medical advancements as he has got closer to 18 he has become more and more depressed culminating in several suicide attempts, firstly through medication and finally by him attempting to drown himself
It was after the final attempt that he underwent a full examination as the doctors suspected submergance in cold water would have a negative affect on his chest. When it transpired he did not get athe expected infection he was sent to our local specialist unit for a full medical
After a full day of tests it was confirmed that he did not, in fact, have Cystic Fibrosis - rather it was another mild condition which is not life threatening
He has been advised to talk to someone about whether he has a claim for not only the misdiagnosis but the years of suffering he has gone through thinking he would not life to an adult life - this in turn has affected him emotionally and has aused major depression within the whole family unit
We really dont know where to go to seek advice as I know there are so many companies out there who promise things and then charge hidden fees etc
Can anyone recommend a company who are trustworthy and effective in dealing with such claims
I know we should all be celebrating the fact he does not have CF but it has basically robbed him of a childhood and he is finding it difficult to adjust to the news
Many thanks in advance

KxMx

Your best bet would be to consult a solicitor, ideally one who specialises in medical cases.

picasso2

Before rushing into this maybe some psychological therapy should be pursued for him and the family.

CynicalScotsman

In order to claim for medical negligence the following four points need to be established:

The 4 crucial points

A claimant must establish all four points for successful medical negligence claims.
A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
A duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert evidence or by obvious errors.
The breach caused an injury: The breach of duty was a cause of the injury.
Damages: Without damages (losses which may be monetary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.

It may be hard to prove the duty was breached especially if all tests at the time were carried out properly and the diagnoses of the two illnesses are similar?

It may also be hard to prove that the the misdiagnosis actually caused an injury? An injury would be caused if you were told you didn't have a brain tumour, when you did, then you subsequently died because of this misdiagnosis. From what you have said, I cant see this as actually having happened.

Im not an expert, but no-win-no-fee i dont think would be any good for you, would have to be an expert in medical/legal fields, quite expensive.

KxMx

Trying to commit suicide surely counts as an injury?
It would all depend on what tests he had as a baby, were the right ones done, was a test or result missed through error or laziness, did they 100& add up to the diagnosis he got, should it have been spotted earlier due to CF treatment not working etc. How common is it to be misdiagnosed with CF when the other problem is the cause, what are the different markers/ procedure and was this followed?

dmg24

KxMx wrote: »

Trying to commit suicide surely counts as an injury?
It would all depend on what tests he had as a baby, were the right ones done, was a test or result missed through error or laziness, did they 100& add up to the diagnosis he got, should it have been spotted earlier due to CF treatment not working etc. How common is it to be misdiagnosed with CF when the other problem is the cause, what are the different markers/ procedure and was this followed?

The injury needs to be reasonably foreseeable.

I can't see that this situation would pass the Bolam Test. If, given the presented symptoms, CF was a diagnosis that a doctor would reasonably make given the knowledge available at the time, the claim will fail.

VfM4meplse

dmg24 wrote: »

I can't see that this situation would pass the Bolam Test. If, given the presented symptoms, CF was a diagnosis that a doctor would reasonably make given the knowledge available at the time, the claim will fail.

Agreed. Can't the subject just be grateful that he has had apppropriate medical care given the presentations, and is not in fact a CF?

SueP1944

Me personally would be jumping up and down with joy that they got it wrong! It's like winning the lottery - to think and be told that life will be short and full of difficulties then being told, that due to advancement in medical science that he will live a normal life like everyone else!!

Why are the family not overcome with joy?

If it was my child, I'd be kissing every doctor in sight!! But maybe that's me and don't look at things like this as a way of getting some 'compo'!!

sunnyone

SueP1944 wrote: »

Me personally would be jumping up and down with joy that they got it wrong! It's like winning the lottery - to think and be told that life will be short and full of difficulties then being told, that due to advancement in medical science that he will live a normal life like everyone else!!

Why are the family not overcome with joy?

If it was my child, I'd be kissing every doctor in sight!! But maybe that's me and don't look at things like this as a way of getting some 'compo'!!

By you have got some thanks on this post andy, dont bother denying it as usual because we have all had you pegged since you reopened this dormant account.

SueP1944

sunnyone wrote: »

By you have got some thanks on this post andy, dont bother denying it as usual because we have all had you pegged since you reopened this dormant account.

I'm sorry I dont understand what you mean?
My name is Sue, Susan to be precise.

The account has not been 'dormant' as you put it, I have had a lot of problems to sort out in the family hence not having the time to post on here since late last year.

blue_monkey_2

sunny, you should know better than that after all this time, check the OP's old posts first. I think an apology might be needed.

Sue, there are certain posters that will post things on boards that starts as one thing and turn to horrible nasty comments, they get banned and reopen new accounts and so it starts all over again. They tend to post mainly on the benefits boards and the disability boards. Don't let this put you off posting here - sunny was mistaken, this is a great place just that some people turn it into an undesirable one and sunny has thought you are one of those.

BTW, I agreed with your comment as well, if you hadn't of put that then I would have A guy my hubby works with was told he had terminal cancer, 6 months on they found out, by accident, that it was something else and it is treatable. He too is delighted that he now has his life back.