I visited a hospital consultant regarding my spinal injury who said that treatment was unnecessary, however my injury has deteriorated since – can I claim against a hospital consultant?
A claim against a hospital consultant could be possible if you have been the victim of his or her negligence – however this could depend on the specific circumstances of your injury. When you visit a consultant you fall under their duty of care and as a result you should not expect to sustain an injury due to a hospital consultant. However even if you have suffered a deterioration after visiting a hospital consultant you may not always be able to receive compensation for your injuries. For this reason you are advised to speak with a personal injury* solicitor at the earliest opportunity if you wish to claim compensation from a hospital consultant for an incorrect diagnosis.
To make a claim against a hospital consultant, it must be determined that you suffered an injury – or the deterioration of a further injury – as a result of the poor judgement of a consultant. This could be the scenario if – as suggested by your question – you suffered an injury which could have been prevented or limited if treatment had been acquired, in which case you could be entitled to compensation for your injury due to a hospital consultant. You may also be entitled to claim compensation from a hospital consultant if it is determined that treatment was recommended which actually made your injury worse and which would not have been recommended by a competent consultant. To determine whether your deterioration after visiting a hospital consultant occurred as a result of negligence, you are advised to consult a personal injury* solicitor before making a claim.
However a claim against a hospital consultant may not be possible in certain circumstances. It could be determined – for example – that the hospital consultant was correct in not recommending any treatment if deterioration after visiting a hospital consultant was inevitable, or if treatment would have worsened your condition. This can be verified by a medical expert, who will assess your condition and can determine whether you are entitled to claim compensation from a hospital consultant due to negligence. However it could be found that you did not suffer an injury due to a hospital consultant or that your injury was inevitable and for this reason a claim may not be possible.
Claiming compensation from a hospital consultant – like any claim against a medical professional – can be complex; especially as such a claim cannot be made through the Injuries Board. For this reason, you are advised to consult a personal injury* solicitor at the earliest opportunity following your accident and injury due to a hospital consultant. Your solicitor can guide you through the procedure of claiming compensation for deterioration after visiting a hospital consultant and help arrange an assessment of your accident and injury from a medical expert. For this reason you are strongly advised to seek the consultation of a legal expert before pursuing a claim against a hospital consultant.