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.