1. What Is a Misdiagnosis Claim?
A misdiagnosis claim is a type of medical negligence claim made when a doctor or healthcare professional fails to correctly diagnose a condition, leading to harm, delayed treatment, or incorrect treatment.
2. Can You Claim Compensation for a Misdiagnosis?
Yes, you can make a claim if:
- The misdiagnosis caused further harm or worsened your condition.
- You received incorrect treatment that led to complications.
- The misdiagnosis delayed necessary treatment, affecting recovery.
- The healthcare provider failed to meet professional standards.
3. Types of Medical Misdiagnosis
Misdiagnosis claims fall into three main categories:
- Incorrect diagnosis – Being diagnosed with the wrong condition (e.g., cancer misdiagnosed as an infection).
- Missed diagnosis – A condition is completely overlooked (e.g., failing to detect a fracture in an X-ray).
- Delayed diagnosis – The diagnosis is significantly delayed, worsening the prognosis.
4. How to Make a Misdiagnosis Claim
1. Seek Medical Attention
If the misdiagnosis has caused further harm, get a correct diagnosis and treatment.
2. Gather Evidence
- Medical records – Show what was diagnosed and what was missed.
- Doctor’s notes and prescriptions – Indicate incorrect or delayed treatment.
- Expert medical opinion – Confirms the misdiagnosis and its impact.
3. Contact a Medical Negligence Solicitor
A solicitor will assess your case and guide you through the legal process.
4. File a Misdiagnosis Claim
Your solicitor will submit the claim against the hospital, GP, or healthcare provider responsible.
5. How Much Compensation Can You Get for a Misdiagnosis?
Compensation depends on the severity of the misdiagnosis and its impact on your health. Estimated payouts include:
- Minor misdiagnosis (short-term impact) – £3,000 – £30,000
- Misdiagnosed fractures or infections – £10,000 – £50,000
- Delayed cancer diagnosis – £50,000 – £500,000+
- Surgical misdiagnosis leading to further treatment – £10,000 – £300,000+
- Birth injury misdiagnosis (baby affected) – £100,000 – £1 million+
Additional compensation may be awarded for:
- Lost earnings – If the misdiagnosis affected your ability to work.
- Future medical expenses – Ongoing care, rehabilitation, or corrective surgery.
- Pain and suffering – Physical and emotional distress caused by the error.
6. How Long Do Misdiagnosis Claims Take?
The timeline depends on case complexity:
- Simple cases – 12-18 months
- Moderate cases – 18-36 months
- Severe cases requiring court action – 3+ years
7. No Win, No Fee Misdiagnosis Claims
Most medical negligence solicitors offer no win, no fee services, meaning:
- No upfront legal costs.
- The solicitor takes a success fee (usually 25%) if you win.
- If you lose, you pay nothing.
8. Time Limits for Filing a Misdiagnosis Claim
In the UK, you must file a claim within three years from the date:
- The misdiagnosis occurred, or
- You became aware of the misdiagnosis and its impact.
Exceptions apply if:
- The patient was under 18 (the three-year limit starts from their 18th birthday).
- The patient lacks mental capacity to handle the claim themselves.
9. What If the NHS Denies Responsibility?
If the NHS or a private healthcare provider disputes the claim, your lawyer can:
- Gather additional medical evidence to support your case.
- Negotiate with the NHS Resolution team (which handles NHS claims).
- Take the case to court if a settlement cannot be reached.
10. What If a Misdiagnosis Led to a Loved One’s Death?
If a misdiagnosis contributed to a fatal outcome, family members may claim for:
- Bereavement compensation (fixed at £15,120 in England & Wales).
- Loss of financial dependency if the deceased was a primary earner.
- Funeral costs and emotional distress.
Frequently Asked Questions
How much compensation can I get for a cancer misdiagnosis?
Delayed cancer diagnosis claims can range from £50,000 to over £500,000, depending on the impact on survival and treatment.
Will my case go to court?
Most misdiagnosis claims settle out of court, but some complex cases may require a trial.
Can I sue the NHS for misdiagnosis?
Yes, if the NHS’s negligence caused harm, you can file a claim against the relevant NHS Trust.
Can I claim if my misdiagnosis happened years ago?
You have three years from the date you became aware of the misdiagnosis. Exceptions apply for children and mentally incapacitated patients.
How long does a misdiagnosis claim take?
Most cases take 1-3 years, depending on medical investigations and legal negotiations.
What if a private doctor misdiagnosed me?
You can file a claim against private healthcare providers, just as you would against the NHS.
Conclusion
A misdiagnosis claim helps patients seek compensation for medical errors that caused harm, delayed treatment, or worsened conditions. If you’ve suffered due to a GP, hospital, or private doctor’s mistake, a no win, no fee solicitor can help you claim maximum compensation.