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20.1.8 Failure to diagnose


Whilst 'failure to diagnose' is, in isolation, not compensable there are situations where liability can be found against the Commonwealth. However in considering any claims that are based on a failure to diagnose Delegates should bear the following points in mind and establish:

  • that an employee actually sought treatment for the condition and that it was misdiagnosed, or
  • the condition was such that it should have been identified and diagnosed in routine annual medical examinations, and
  • that it would have been reasonable to diagnose the condition in accordance with medical standards prevailing at the time, and
  • that the delay in diagnosis and more relevantly, treatment, resulted in an identifiable aggravation of the condition that was not cured by the treatment when it was eventually given.