Claim Answers: I have just that my doctor prescribed the wrong drug due to the wrong diagnosis. Can I claim for medical malpractice?
- Wrong Diagnosis and Medical Malpractice
- Eoin P. Campbell, LL.B., Solicitor
- Editor in Chief
General Answer: The wrong diagnosis is the main issue of concern. Prescribing the wrong drugs is only a result of the wrong diagnosis. There are several medical questions that are raised by a wrong diagnosis.
The first issue is whether the incorrect treatment, in this case taking the wrong medicine, has cause any direct physical damage to your health or had unpleasant side effects. If the incorrect medication had no direct negative impact then there’s there’s very little cause for claiming compensation.
The second issue with an incorrect misdiagnosis is the impact of the failure to treat the actual medical problem. Again, this must have resulted in real damage. The nature of the damage obvious depends on the nature of the medical problem. For example, not treating a kidney problem that resulted in kidney failure is probably serious medical malpractice.
One important factor to keep in mind is that it must be shown that ‘on the balance of probability’ the doctor should have provided the correct treatment. Wrong diagnosis on its own is not sufficient, it must be wrong diagnosis where it can be reasonably expect that a competent doctor would provide the correct treatment.
Specific Answer: A solicitor can only help you determine if it is worthwhile investigating the claim further. As with most medical negligence claims, expert medical opinion will be required to determine if the doctor really made a mistake.