Appendicitis misdiagnosis compensation claims
In the following guide we set out what you need to know about making a successful appendicitis misdiagnosis compensation claim.
According to the NHS, 40,000 people are admitted to hospital in England with appendicitis each year. In treating the condition, prompt removal of the appendix is usually recommended because any delay can lead to complications.
Many of the symptoms of appendicitis are typical of a number of abdominal disorders. A doctor may therefore miss or misdiagnose the condition.
Failing to correctly diagnose appendicitis in the first instance does not necessarily mean your GP was negligent - your symptoms and medical history may have made another diagnosis more reasonable.
However, in cases where another medical practitioner would have made a correct diagnosis of appendicitis but your doctor did not, it may be possible to make a claim for clinical negligence.
If you have been injured in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
In order to make a correct diagnosis, a doctor must identify the symptoms presented as appendicitis. This is not always easy. Appendicitis can be confused with a range of other disorders such as gastroenteritis, severe irritable syndrome (IBS), constipation, bladder and urine infections, Crohns disease and, for women, menstrual pain.
What are the recognised symptoms of appendicitis?
A painful swelling of the appendix caused by a blockage at the entrance, appendicitis typically begins with intermittent pain in the middle abdomen. As it progresses the pain usually travels to the lower right hand side - the site of the appendix - becoming constant and severe.
In addition, the pain may become worse when pressed or when running or coughing.
Other common symptoms of appendicitis include:
- Loss of appetite
If a person presents with abdominal pain combined with any of the other symptoms, a doctor should carry out a proper assessment. As well as taking a history of any symptoms, they should also examine the abdomen to look for any rigidity or tenderness. For further confirmation, blood, urine and imaging tests can also be carried out.
I have a strong claim - why won't a solicitor take it on?
If a doctor misses appendicitis, the repercussions for the individual affected can be serious.
Not only can it lead to prolonged pain and suffering but, if not removed, the appendix can burst. This can lead to dangerous infections such as peritonitis or an abscess which may need to drained.
In order to be compensated for their pain and suffering, both financially and psychologically, an individual with an appendicitis misdiagnosis can pursue a claim for compensation.
What are the duties of a doctor?
All doctors have a legal duty to make the care of their patient their first concern. Set out by the General Medical Council, this ensures they provide a good standard of practice and care and keep their skills and knowledge up to date. Included in this is a duty to give a correct diagnosis, as is reasonable, given all the information and symptoms at hand.
Identifying medical negligence
In cases where a doctor fails to recognise appendicitis as a possible cause of the symptoms - for example by not asking the right questions or carrying out sufficient testing to rule out other possible illnesses - their actions may be deemed negligent. The distinction between a reasonable mistake and negligence can be nuanced, and will depend on the facts of the case.
How can negligence be proven?
Pursuing a misdiagnosis claim may not be as straightforward as some other areas of personal injury. Cases of this kind are often fiercely defended by legal and medical experts. A solicitor will arrange an independent medical report and can advise a claimant on the types of evidence needed to prove a missed appendicitis diagnosis in order to give the best chance of a successful outcome.
The amount of compensation you will receive depends on a number of factors. Our medical negligence compensation calculator provides an accurate estimate of your likely compensation.
The national network of Quittance solicitors take on all types of clinical negligence claims, from fast track claims to life-changing injury. Selected for their track record in recovering compensation, Quittance's panel solicitors have years of dedicated experience handling injury claims.
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
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