Could The Misdiagnosis Of Parkinson’s Lead To A Compensation Claim?

Danielle Young

Parkinson’s UK conducted research back in September 2020 which revealed that as many as 26% of people living with the condition were initially misdiagnosed. Of those who were initially misdiagnosed, nearly half were treated for the wrong condition, with:

  • 36% receiving medication; and
  • 6% having to undergo an unnecessary operation or medical procedure.
  • 6% of respondents received both medication and surgery.

This research highlighted a potential for those who were misdiagnosed to bring a compensation claim.

What is Parkinson’s?

Parkinson’s disease is a condition in which parts of the brain become progressively damaged over several years. The condition happens when the cells in the brain stop working in the right manner.

Symptoms often start slowly. For example, it may be a barely noticeable tremor of just one hand. Although, the condition is not curable medication can help improve symptoms significantly.

What are the symptoms of Parkinson’s?

The most common symptoms of Parkinson’s disease are:

  • Involuntary shaking of particular parts of the body (tremor)
  • Slow movement
  • Stiff and inflexible muscles

Many people with Parkinson’s disease can also experience a wide range of physical and psychological symptoms, this includes:

  • Anxiety and depression
  • Balance issues
  • Loss of sense of smell
  • Sleeping problems (insomnia)
  • Memory problems

Claims for delays in diagnosing or misdiagnosing Parkinson’s

When an illness, such as Parkinson’s, has been incorrectly diagnosed by a GP or medical professional, it can have long-lasting and traumatising consequences for a person’s health, including the condition deteriorating further due to the delay in the correct diagnosis and treatment.

If this happens, a person may be able to claim compensation for negligence. The amount of compensation that could be awarded will be dependent on the severity of the misdiagnosis and the impact it has had on the person’s health.

Claims for medical misdiagnosis often fall into one of three categories – incorrect, delayed, or missed diagnosis. Examples can include:

  • Failure to correctly diagnose a medical problem and then being prescribed unnecessary treatment or receiving surgery that wasn’t required.
  • Failure to refer to a specialist or arrange further tests following a misdiagnosis.
  • Been given an incorrect medical diagnosis that has caused psychological trauma as a result, e.g. a terminal illness diagnosis.
  • A delayed diagnosis of a medical condition that has worsened due to the delay or has impacted a person’s ability to fight the condition through treatment that can no longer be administered.

Medical misdiagnosis compensation claims are particularly complex due to the scientific issues involved, so it is important to seek legal advice.

How can we help

If you have any questions in relation to the subjects discussed in this article, then please get in touch with a member of our expert Medical Negligence team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.

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