Can an embolism misdiagnosis compensation claim be made for a serious delay in diagnosis, even though the embolism was effectively treated in hospital? Does a serious injury have to have been sustained before it is possible to claim compensation for the misdiagnosis of an embolism?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

An embolism misdiagnosis compensation claim is most often made when a serious injury has been sustained due to a misdiagnosis or when a patient has died due to a delay in administering drugs to break up a blood clot when an embolism has been correctly identified. In such cases, an embolism misdiagnosis compensation claim can result in substantial damages being awarded.

However this does not necessarily mean that a serious injury must be sustained in order to make a embolism misdiagnosis compensation claim, and even when less severe injuries have been sustained due to a negligent diagnosis, it may still be possible to claim compensation for the misdiagnosis of an embolism.

Provided that the delay in obtaining the correct diagnosis of an embolism was attributable to medical negligence and a competent medical practitioner “in the circumstances and at the time” would have recognised the symptoms of an embolism and taken swift action, there should be a strong likelihood of an embolism misdiagnosis compensation claim being successful provided that you have sustained a measureable injury or the deterioration of an existing condition as a result.

It is not possible to determine whether you are eligible to make an embolism misdiagnosis compensation claim without first reviewing the medical notes made at the time of your embolism in detail. You should speak with a medical negligence solicitor at the earliest possible opportunity for legal advice which is relevant to your personal situation and to organise a review of your medical notes by an expert medical practitioner.

In cases when an embolism is not diagnosed straightway, but the correct diagnosis is still made in time for treatment to be administered effectively, it may not always be possible to make a claim for compensation for the misdiagnosis of an embolism. However, once you have spoken with an experienced medical negligence solicitor, and your medical history has been reviewed, you will be in a better position to know whether you have an embolism misdiagnosis compensation claim which is worth your while to pursue.