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Failure to Diagnose
Failure to Diagnose Correctly is a Failure in Duty of Care
For most people, the notion of clinical negligence conjures up images of botched operations or the prescription of inappropriate medicines. However, clinical negligence can occur before the treatment process has even got underway.
In December of 2009, Amy Carter, a 15 year-old schoolgirl, fell ill. An on-call out-of-hours doctor from the Worcestershire Royal Hospital diagnosed her condition as an attack of sinusitis and prescribed a course of antibiotics before sending her home. Within a matter of days, Amy’s face had severely swollen and she had developed a yeast infection on her tongue. Shortly afterwards, Amy collapsed and was taken to the Worcestershire Royal Hospital, where doctors diagnosed her condition as glandular fever. After forty-eight hours in hospital, Amy was discharged by medical staff and told to take paracetemol and rest.
According to reports, Amy, who by this point had not eaten for nearly three weeks, begged doctors to keep her in hospital, repeatedly stating that she believed herself to be dying. Despite her protests, Amy was discharged. Within two days of leaving hospital, she suffered four heart attacks and major organ failure. Amy died on Christmas Eve.
In the wake of such a devastating event, Amy’s parents are considering suing the Worcestershire Hospitals NHS Trust, saying that Amy died “because her health care was inadequate” and that more could have been done. This is in response to an inquest which decided that Amy died from ‘natural causes’, albeit a “lethal combination of glandular fever and streptococcal toxic shock syndrome.”
According to UK law, Amy’s parents now have two years in which to launch their claim. Medical negligence claims of this sort must be undertaken within three years of the event in question. While this particular case will require a great deal of scrutiny from lawyers and medical professionals, the basic question beneath it all is would Amy have lived longer had her condition been properly diagnosed? If the answer is found to be ‘yes’, then someone must be found to be at fault.
For anyone who finds themselves to be the victim of medical negligence of this sort, the first step is to contact a lawyer, as it is your legal right to seek restitution, usually in the form of compensation. Once a lawyer has assessed your case, you will then be required to produce as much information pertaining to the event as is possible. In addition to your own personal details, you should try to supply the doctor’s name, the name of the hospital where the diagnosis was given and details of any treatment that was given or medication that was prescribed. These details are likely to be examined by medical professionals to try and ascertain the degree of negligence and the effect it has had on the patient or family.
Medical negligence can take a number of forms, from misdiagnosis to disregard to proper procedures. Despite their diversity, they are all linked by one common theme: failure to uphold the duty of care that every patient is entitled to.
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