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      What is medical misdiagnosis?

      Medical misdiagnosis happens when a doctor, hospital, or other medical professional incorrectly diagnoses your symptoms. This includes situations where:

      • Your diagnosis is unreasonably delayed.
      • Your condition is not diagnosed correctly.
      • Your condition isn’t diagnosed at all.

      Medical misdiagnosis can significantly impact your health, treatment plan, prognosis, and life expectancy. If you’ve suffered due to a misdiagnosis, you might be able to sue your medical professional for negligence.

      Start your free online claim check

      Find out if you’re eligible for a medical misdiagnosis claim today.

      Check your claim nowIt only takes 2 minutes.

      Examples of misdiagnosis claims

      Unfortunately, not all misdiagnoses qualify for compensation. To make a successful claim, you must demonstrate that the misdiagnosis was due to your medical professional’s negligence.

      Over the years, we’ve handled hundreds of different negligent misdiagnosis claims. Some of the most common include:

      • Failing to diagnose cancer in both early and advanced stages.
      • Not referring a patient to a specialist when appropriate.
      • Failing to diagnose a stroke or heart attack, particularly in an E.D.

      How much compensation can I claim for misdiagnosis?

      The amount of compensation for medical misdiagnosis claims varies widely based on the specifics of your case.

      Your compensation includes:

      • Lost income: both current and future earnings, including superannuation.
      • Pain and suffering: the physical and mental impact of the misdiagnosis.
      • Cost of care and support: whether from family or friends, including if you can no longer care for someone who depends on you.
      • Other expenses related to your injury: medical bills, travel costs, or necessary home or vehicle modifications.

      How do I prove medical misdiagnosis?

      To prove medical misdiagnosis, you’ll need to establish three elements:

      A breach of duty can occur through a negligent act or a failure to act. A negligent act involves careless actions, such as a GP misinterpreting heart attack symptoms as heartburn. A failure to act happens when a medical professional doesn’t fulfil expected duties. For example, your doctor may fail to diagnose your cancer within a reasonable timeframe, leading to delayed treatment and shorter life expectancy.

      The ‘reasonable standard of care’ test determines if a breach has occurred. This test evaluates whether another qualified medical professional, faced with the same situation, would have acted differently.

      The test considers several key factors, including:

      • Your medical professional’s adherence to established professional standards and guidelines.
      • Evidence from other experts in the same field.
      • The specifics of your case, including the treatment and its context.
      • Your health status, pre-existing conditions, and overall treatment plan.

      You need to prove that the medical professional’s breach of duty caused your injury or illness or worsened your condition.

      This involves demonstrating two key points:

      1. Direct Cause: your injury or illness directly resulted from the medical professional’s actions or inactions.
      2. Foreseeability: your injury was a ‘reasonably foreseeable’ outcome of the treatment or lack of treatment provided.

      You need to show that you’ve suffered injury and loss, such as medical expenses, lost wages, and pain and suffering (the negative impact of the injury on your life).

      Proving medical misdiagnosis can be complex, which is why our lawyers receive extensive training in both medicine and law. This specialised training equips them to effectively establish medical misdiagnosis in even the most challenging cases.

      Find a medical misdiagnosis lawyer near you

      With 29 locations across Australia, it’s simple to find a specialist medical misdiagnosis lawyer near you. Our offices are situated in Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart, Darwin and Canberra.

      For those outside the capital cities, we also have offices in places like Newcastle, Albury, the Gold Coast, and Geelong. To find your closest Monaco office, view our full list of locations.

      Below, you’ll get to know some of our award-winning medical misdiagnosis team.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Joanne Baker
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      How much will my medical misdiagnosis claim cost?

      Our genuine No Win No Fee guarantee covers every medical misdiagnosis claim. Here’s how it benefits you:

      • No financial risk: there’s nothing to pay unless we win your claim.
      • No upfront costs: we cover all upfront expenses, such as medical reports and expert consultations.
      • Reduced legal fees: we typically recover our fees from the other side, meaning you to keep more of your compensation.
      • 90-day risk-free trial: you can try our services for 90 days to see if we’re the right fit. If you choose to cancel within this period, there’s no cost to you.
      Find out more about our fees

      Frequently asked questions

      Yes, strict time limits apply to medical misdiagnosis claims. The exact limit depends on which state you live in.

      StateTime limit
      NSW, VIC, SA3 years after discovering your injury.
      QLD, WA3 years from the date of the medical misdiagnosis.
      ACTFor physical injuries, 3 years from the date of the medical misdiagnosis.

      For diseases or disorders, 3 years after:
      • Discovering the disease or disorder, and
      • That it was caused by negligence.

      If you’ve missed the deadline for filing a medical misdiagnosis claim, you can apply for an ‘exception’ from the court. When considering your request, the court will review factors such as:

      • Access to legal guidance.
      • Efforts to seek medical or legal help.
      • Length of the delay.
      • The severity of your injury.
      • Whether the medical professional tried to dissuade you from claiming.

      It’s essential to consult a lawyer before filing a delayed claim. A medical misdiagnosis expert can help you identify the most appropriate exception and manage the application process. Over the years, we’ve successfully handled many delayed claims for our clients.

      For more information on time limits and exceptions in medical misdiagnosis claims, visit our complete guide.

      You can file a medical misdiagnosis claim against any registered medical professional or institution in Australia, such as:

      • Hospitals
      • General Practitioners (GPs)
      • Dentists
      • Specialists e.g. surgeons, oncologists and radiologists
      • Midwives
      • Nurses

      If you’re unsure whether your medical service provider is registered, you can verify their status through the Australian Health Practitioner Regulation Agency’s online registry.

      The duration of your case will depend on its complexity and how long it takes for your condition to stabilise. Typically, most medical misdiagnosis claims are resolved within 12 to 18 months.

      After we assess your specific situation, we’ll be able to give you a more accurate timeline.

      See more FAQs

      What to expect from your claim

      While each case is unique, your claim will likely go through these steps:

      During your free consultation, you’ll meet with one of our expert medical misdiagnosis lawyers to review your case. We’ll evaluate whether you have a misdiagnosis claim, estimate your potential compensation, and discuss your chances of success. There’s no obligation to proceed, but if you decide to move forward, you’re covered by our No Win No Fee Guarantee.

      We’ll review your clinical notes and medical history to build a strong case. You might also need to be assessed by our medical experts to confirm your condition and its effects. We cover all these upfront costs, and you only pay if we win your case.

      Our team will work with our national network of medical and liability experts to gather essential evidence of your medical professional’s negligence. This includes expert reports, testimonies and assessments.

      With robust evidence in hand, we’ll start court proceedings, file necessary documents, and exchange evidence with the other party. Your claim will then move to mediation, where we’ll negotiate with the insurer to secure the best compensation for you.

      Most cases are settled during mediation without going to court. However, if your case doesn’t settle, we’re ready to take it to court and fight for the compensation you deserve.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

      Google Posted by Jamie Quinn
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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

      Google Posted by Ellen Smith
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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How we can help you

      We have over 25 years’ experience helping misdiagnosed people secure the compensation they need. As part of our comprehensive service, we will:

      • Clarify your rights and what you can claim.
      • Collect strong evidence to prove your medical professional’s negligence.
      • Handle negotiations with the medical professional’s insurer on your behalf.
      • Appeal your claim if it’s denied or the insurer offers an unfair settlement.
      • Identify additional claims, such as workers compensation payments or a TPD benefit.
      • Ensure you receive compensation for the full financial and emotional impact of your injuries.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

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      We have the experience you can count on

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      CLAIMS WON
      $650m
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      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

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