1. What Are Misdiagnosis Claims?
Misdiagnosis claims arise when a medical professional fails to correctly identify a condition, causing the patient harm. This could involve:
- Incorrect diagnosis (e.g., cancer mistaken for an infection)
- Delayed diagnosis (leading to worsening conditions)
- Missed diagnosis (failing to diagnose at all)
If a competent doctor would have made the correct diagnosis, you may be eligible to claim for medical negligence.
2. Common Types of Misdiagnosis
Misdiagnosis can happen in GP surgeries, hospitals, A&E departments, or even private clinics. Examples include:
- Cancer (e.g., breast, bowel, or skin cancer)
- Heart attacks misdiagnosed as indigestion
- Fractures mistaken for sprains
- Infections or meningitis overlooked
- Stroke symptoms dismissed as migraines
These errors can lead to prolonged pain, delayed treatment, more invasive procedures, or even fatal consequences.
3. When Can You Make a Claim?
To file a misdiagnosis claim, you must prove:
- Duty of care existed (e.g., doctor-patient relationship)
- There was a breach of that duty (e.g., incorrect or delayed diagnosis)
- The breach caused you direct harm
- You suffered losses (physical, emotional, or financial)
It’s not enough that a mistake happened—the doctor’s actions must be proven negligent.
4. Time Limit for Misdiagnosis Claims
You typically have three years from:
- The date of the misdiagnosis, or
- When you first realized the misdiagnosis harmed you (the “date of knowledge”)
Children have until their 21st birthday, and no time limit applies if the patient lacks mental capacity.
5. How to Start a Misdiagnosis Claim
Steps include:
- Seek a second medical opinion and start appropriate treatment
- Collect medical records and reports
- Keep a journal of your symptoms and recovery
- Contact a medical negligence solicitor
- Undergo an independent medical examination
Your solicitor will manage communications, gather expert evidence, and file the legal paperwork on your behalf.
6. Compensation You Could Receive
Damages are divided into:
- General damages: For pain, suffering, and loss of amenity
- Special damages: For financial losses including:
- Medical expenses
- Lost earnings
- Travel costs
- Ongoing care or therapy
The amount depends on the severity and long-term impact of the misdiagnosis.
7. Do You Need a Solicitor?
Yes. Misdiagnosis claims are complex and require medical expert witnesses, legal insight, and negotiation skills. A solicitor will:
- Evaluate your case
- Handle legal proceedings
- Maximize your compensation
Most work on a no win, no fee basis.
8. NHS vs. Private Misdiagnosis
You can claim against:
- The NHS (via NHS Resolution)
- A private healthcare provider Both are held to high professional standards. The process is similar, though private claims may resolve faster due to different procedures.
9. Alternative: Make a Complaint
You can also lodge a formal complaint with:
- The NHS (via their Complaints Procedure)
- The General Medical Council (GMC) for regulatory review
Note: This won’t get you compensation but can help improve practices or lead to disciplinary action.
Frequently Asked Questions
Is misdiagnosis always medical negligence?
No. A diagnosis error is only negligent if another competent doctor would have diagnosed correctly under the same circumstances.
Can I claim for emotional distress from misdiagnosis?
Yes, psychological harm and emotional suffering can be included in your claim.
How long do misdiagnosis claims take to settle?
Anywhere from 12 months to several years, depending on case complexity and whether liability is admitted.
Will I have to go to court?
Not usually. Most cases are settled out of court. If not, your solicitor will represent you during proceedings.
Can I claim for someone who died due to misdiagnosis?
Yes, relatives can file a claim for wrongful death and loss of financial dependency.
Is there support for ongoing care costs?
Yes. If negligence caused long-term harm, your claim may include future care and rehabilitation expenses.
Conclusion
Misdiagnosis claims are not just about compensation—they’re about justice, accountability, and making sure others don’t suffer the same fate. If you’ve been harmed due to a medical misdiagnosis, understanding your rights and acting quickly is key. Speak to a medical negligence solicitor today to get expert advice and begin your journey toward rightful compensation.
Leave a Reply