Examples of Medical Negligence: Failure of diagnosis depriving patient chance to get treatment

Question 0

What are the main cases?

Answer 0

1. Flinders Medical Centre v Waller

Question 1

In what circumstances do these cases arise?

Answer 1

1. Initial complaint was misdiagnosed
2. Treatment provided on the basis of incorrect diagnosis.
3. Progression of disease precludes effective treatment.

Question 2

What are the facts of Flinders Medical Centre v Waller?

Answer 2

Woman was pregnant and experienced some back pain.
X ray revealed nothing remarkable.
Had several other complaints after.
Tests performed are limited because of her pregnancy. She had recurrent symptoms 3 years later.
Gave up work and had to have mother do house chores.
Initial diagnosis was that she had multiple sclerosis.
She actually had a tumour on her spine. By the time this was found out, too late to do anything about it.

Question 3

What was held in Flinders Medical Centre v Waller?

Answer 3

Court held: She had been deprived of opportunity to et proper treatment by negligence to diagnose or use all available tests.