Q&As

Can you direct me to case law Precedents on psychological injury caused by a delay in diagnosis?

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Published by a ÑÇÖÞÉ«ÇéÍø PI & Clinical Negligence expert
Published on: 02 May 2018
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Delay in diagnosis

Delayed diagnosis cases more frequently become contentious because of Causation issues. Almost all clinical Negligence claimants will (obviously) come to their clinician with major risks to their health already in place. Establishing whether, and precisely what, additional loss and damage has been caused because of medical negligence is the issue at the heart of this area of practice.

For further information on the common issues which arise in claims relying on an allegation that a diagnosis has been negligently delayed, see the Practice Note: Delay in medical treatment.

Loss of life expectation and physical or psychological distress due to delayed diagnosis can be difficult to quantify. For further information, see Commentary: Diagnosis: Clinical Negligence [21.14].

Case Law

The following cases may be of assistance, but each case will depend on its individual facts.

A duty

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Law definition
What does Law mean?

means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;

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