1. What Is an NHS Misdiagnosis?
A misdiagnosis occurs when a medical professional provides the wrong diagnosis, fails to diagnose a condition, or delays a correct diagnosis—leading to harm. Within the NHS, misdiagnosis is a form of medical negligence if it results in incorrect treatment, worsened health, or delayed recovery.
Not all misdiagnoses are negligent, but if your outcome would have been better with the correct diagnosis, you may be entitled to compensation.
2. Types of NHS Misdiagnosis
There are three main types of NHS misdiagnosis:
- Incorrect diagnosis: You’re diagnosed with a condition you don’t have and receive the wrong treatment
- Missed diagnosis: A condition is entirely overlooked despite clear symptoms
- Delayed diagnosis: The condition is eventually found, but the delay worsens your health or limits treatment options
Commonly misdiagnosed conditions include cancer, meningitis, fractures, infections, stroke, and heart attacks.
3. When Can You Make a Misdiagnosis Claim Against the NHS?
You can make a misdiagnosis claim if:
- The misdiagnosis occurred within the last three years
- You suffered harm that could have been avoided with proper care
- A competent medical professional would have acted differently in the same situation
- You can show that the misdiagnosis caused or worsened your condition
Children, or individuals lacking mental capacity, may be subject to extended time limits.
4. What Compensation Can You Claim?
An NHS misdiagnosis claim may include:
- General damages: For pain, suffering, and emotional trauma
- Special damages, including:
- Private medical treatment
- Rehabilitation and therapy
- Loss of earnings and future income
- Care costs (professional or family support)
- Travel expenses
- Psychological counselling
Compensation depends on the severity and impact of the misdiagnosis. Cases involving permanent harm or loss of life expectancy may result in higher settlements.
5. How to Prove Misdiagnosis by the NHS
To prove medical negligence, your solicitor will establish:
- Breach of duty: The care provided was below the expected medical standard
- Causation: The misdiagnosis directly caused harm or worsened your condition
- Damages: You suffered financial, physical, or emotional loss
Your legal team will use expert medical opinions, your health records, and witness statements to support the claim.
6. Steps to Start an NHS Misdiagnosis Claim
To begin your claim:
- Request your medical records from the NHS Trust involved
- Document your symptoms, diagnoses, and treatments
- Note how your condition has worsened or delayed recovery
- Consult a specialist medical negligence solicitor
- Submit a Letter of Claim to the NHS Trust
- Negotiate a settlement or proceed to court if necessary
Most claims are settled without going to trial, especially when supported by clear evidence.
7. Will It Affect Your NHS Care If You Claim?
No. Your current or future NHS care will not be affected if you pursue a claim. NHS Resolution—the body that handles NHS legal claims—manages these matters separately from healthcare services.
You have every right to hold the NHS accountable if its negligence caused you harm. Compensation helps you recover, not punish NHS staff personally.
Frequently Asked Questions
Q1: How long do NHS misdiagnosis claims take?
Claims can take 12–36 months, depending on complexity and whether the NHS admits liability early.
Q2: What if I only recently discovered the misdiagnosis?
The three-year limit begins from your “date of knowledge”—when you first became aware of the misdiagnosis.
Q3: Can I claim on behalf of someone else?
Yes, you can claim for children, loved ones who lack capacity, or someone who died due to a misdiagnosis.
Q4: What if the misdiagnosis caused death?
You can pursue a fatal misdiagnosis claim on behalf of the deceased’s estate and dependants.
Q5: Will I need to go to court?
Only if the NHS denies responsibility or refuses a fair settlement. Most claims are resolved without court involvement.
Q6: Is compensation from an NHS misdiagnosis taxable?
No. Compensation for personal injury and negligence is not taxable in the UK.
Conclusion
A misdiagnosis by the NHS can have devastating consequences—but you have the legal right to seek compensation for the harm it caused. Whether your condition worsened, your treatment was delayed, or you suffered emotional trauma, an NHS misdiagnosis claim can help you recover both financially and emotionally. Speak to a specialist solicitor and take the first step toward justice and healing.