1. What Is a Wrong Diagnosis?
A wrong diagnosis (also called misdiagnosis) happens when a medical professional incorrectly identifies a patient’s illness or fails to diagnose it altogether.
This can result in:
- Delayed treatment
- Incorrect treatment
- Worsening of the condition
- Avoidable pain or complications
If the misdiagnosis was due to negligence, you may be entitled to compensation.
2. When Is a Wrong Diagnosis Considered Medical Negligence?
Not every mistake is negligent. A wrong diagnosis becomes clinical negligence when:
- The standard of care fell below what’s reasonably expected
- The misdiagnosis caused harm or worsened your condition
You must prove that a competent medical professional would have acted differently under similar circumstances.
3. Common Examples of NHS Misdiagnosis
Wrong diagnosis claims often involve:
- Cancer misdiagnosis or delayed diagnosis
- Incorrect diagnosis of heart attacks or strokes
- Misdiagnosed infections or sepsis
- Pregnancy or birth complications
- Autoimmune or neurological conditions
- Mental health misdiagnosis
These errors can have life-altering consequences, including disability or premature death.
4. What Can You Claim Compensation For?
If you were harmed by an NHS wrong diagnosis, you may be entitled to claim for:
- Pain and suffering
- Loss of life expectancy
- Cost of additional medical treatment
- Loss of earnings (past and future)
- Care and assistance
- Psychological trauma
- Funeral costs (in fatal cases)
Your solicitor will calculate the full extent of your losses.
5. How to Prove a Wrong Diagnosis Claim
You’ll need to prove:
- Duty of Care – the NHS owed you a professional standard of care
- Breach – the diagnosis fell below that standard
- Causation – you were harmed because of it
Medical records, expert witness testimony, and a timeline of events will support your claim.
6. How Long Do You Have to Claim?
In most cases, you must start your claim within three years from:
- The date of the wrong diagnosis, or
- The date you first discovered the negligence
Exceptions:
- Children: Time limit starts on their 18th birthday
- Mental incapacity: No time limit while capacity is lacking
Acting early helps preserve evidence and strengthens your case.
7. Do You Need a Solicitor?
Yes. Wrong diagnosis cases are complex and often involve:
- Expert medical analysis
- Detailed timelines of care
- NHS complaints procedures
Most medical negligence solicitors offer No Win No Fee services, meaning no upfront cost.
8. Will You Have to Go to Court?
Most wrong diagnosis claims are settled out of court.
Court may only be necessary if:
- The NHS denies liability
- The compensation offer is unreasonably low
Your solicitor will prepare your case thoroughly and advocate for your best outcome.
9. What to Do If You Suspect a Wrong Diagnosis
Take the following steps:
- Seek a second medical opinion
- Request your full medical records
- Document your symptoms, diagnoses, and treatments
- Make a formal complaint to the NHS Trust involved
- Speak to a medical negligence solicitor for advice
Don’t delay—early action increases your chances of success.
Frequently Asked Questions
Q1: Can I claim if the wrong diagnosis didn’t cause long-term harm?
You can still claim for pain, distress, or short-term consequences, but compensation may be lower.
Q2: Can I claim on behalf of a family member who died from a misdiagnosis?
Yes. Dependants can pursue a fatal medical negligence claim.
Q3: How long does a wrong diagnosis claim take?
Typically 12–36 months, depending on the case’s complexity and if it goes to court.
Q4: Is compensation from an NHS claim taxable?
No. Personal injury and medical negligence compensation is tax-free.
Q5: Can I still receive NHS care during or after a claim?
Yes. Your right to NHS care is unaffected by a claim.
Q6: Will an NHS complaint affect my legal case?
No. It can actually support your claim by providing internal reports and admissions.
Conclusion
A wrong diagnosis by the NHS can have devastating consequences—but you have rights. If negligence caused your suffering or loss, you may be entitled to compensation. With professional legal support, you can get justice, financial relief, and hopefully improvements in care for others too.
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