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If you or a loved one are suffering as a result of a failure of a GP to request appropriate diagnostic investigations, or any diagnostic investigations you may have a medical negligence claim. At Garling and Co. Lawyers, we have specialist solicitors that will be able to assist you to bring a claim for compensation.
Your GP is your first point of contact when you are not feeling well. A prudent GP will carefully listen to your health complaints, obtain a detailed medical history and perform a thorough physical examination. Based on the information obtained from you and the findings on your physical examination, your GP will either make a diagnosis or refer you for diagnostic investigation of your symptoms. Many patients incorrectly assume that if their GP has not contacted them in relation to test results that the results are assuring. While this may be true in some cases, it is not always the case. Sometimes, due to administrative oversight, a GP is not aware of the availability of test results and does not see those results. It is also possible for a GP to read test results and recognise the need to contact the patient, but this does not occur due to oversight. In addition to requesting appropriate diagnostic investigations, your GP must follow up your results and must notify you of any abnormal or concerning results. These days, many GPs use software with a built-in prompting system to automatically notify patients of the availability of test results and the need to make an appointment with the doctor to discuss those results. Despite those measures, it is probably sensible to make an appointment with your GP if you are expecting test results as this is likely to minimise the risk of your results being overlooked.
In addition to following up test results and communicating the results to the patient, a prudent GP must also act on any recommendations for additional diagnostic investigations. For example, your GP may refer you for a CT scan. However, the reporting radiologist may include a comment in the results that a CT scan is unlikely to show a specific abnormality and therefore, further investigation by MRI scan is recommended. Another example is one where a radiologist might identify an abnormality but cannot determine based on the radiology alone if the abnormality is benign or malignant and recommends a biopsy. A prudent GP must act on those recommendations and refer you as necessary.
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
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From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
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If your doctor fails to refer you for testing or diagnostic investigations that are considered by peer professional doctors as necessary, it would constitute a failure to organise appropriate testing.
If you suffer an injury as a result of the doctor’s failure to organise appropriate testing, you may have a claim for compensation arising from the failure to do so. Expert medical opinion will be required to prove that testing was required and that the failure to organise appropriate testing represents a departure from reasonable care and has resulted in your injury
The health outcome or prognosis of any serious condition or disease could be adversely impacted by a doctor’s failure to organise appropriate medical testing if the failure to organise testing caused a delay in diagnosis and treatment. For example, a failure to organise appropriate testing for patients with undiagnosed cancer can have serious implications for the patients and even a significantly reduced life expectancy. Other situations may involve infection, vascular conditions or physical trauma such as fractures or neurovascular injuries.
Consequences of a failure to organise appropriate testing in a timely manner can range from minor to life-threatening. Consequences for the patient include the following:
If you suspect that a doctor has failed to organise necessary testing and this has caused you to suffer an injury or poor health outcomes, you will need to contact a solicitor who specialises in medical negligence litigation. Your solicitor will investigate a claim on your behalf and obtain the necessary evidence on your behalf. Ultimately, expert opinion will be required in support of the allegations of negligence against your doctor and the cause of your injuries.
The compensation that is available to you depends on the nature, extent, severity and impact on your injuries on all aspect of your life. It also depends on your prognosis. Generally, you can claim the costs of past and ongoing medical treatment, allied health intervention, care, domestic assistance and lost earnings. You can also claim compensation for your pain and suffering as a result of your injuries. Your medical negligence specialist will be able to determine the compensation that is available to you and give you comprehensive advice on that aspect of your claim.