Misdiagnosis Claims

On this page:

• Can I make a wrong diagnosis claim?
• Who can I make a misdiagnosis claim against?
• How much misdiagnosis compensation could I receive?
• How long do I have to make a misdiagnosis claim?
• Will my misdiagnosis claim go to court?
• How long will my misdiagnosis claim take?
• I've suffered a misdiagnosis - how can First4Lawyers help?

Can I make a wrong diagnosis claim?

If your illness, condition or injury was not correctly diagnosed – or your diagnosis was delayed – you could have grounds to make a misdiagnosis claim.

This might apply if your misdiagnosis resulted in:

• Pharmacy errors
  Following an incorrect diagnosis, you may be prescribed unsuitable medication that could further illness and serious side effects. Alternatively, where a diagnosis hasn’t been given, you could be deprived of medication that could improve your health.
• Reduced chances of survival
  In the most severe cases, misdiagnosis can allow time for aggressive diseases like cancer to spread and become more serious. This could mean that treatment isn’t as effective when a diagnosis is eventually given.
• Unnecessary treatment or surgery
  Where an incorrect diagnosis is given, there may be plans made for you to undergo surgery or further treatment. This could lead to an operation like a mastectomy being carried out unnecessarily, with devastating consequences.

This isn’t a complete list, though. If you think you could have a misdiagnosis claim, get in touch with our knowledgeable team.

We’ll ask a few straightforward questions about what happened and let you know if you could have a strong case for compensation.

Who can I make a misdiagnosis claim against?

Your claim will be made against whoever is deemed to be at fault for your misdiagnosis. This could be the doctor who you saw initially or the hospital, GP surgery or health centre where an incorrect or delayed diagnosis was given.

Whether you were treated by the NHS or privately, you could be able to take legal action on a No Win No Fee basis.

If you decide to make an NHS misdiagnosis claim, any compensation you receive will be paid through NHS Resolution. This organisation effectively acts as an insurer for the NHS, so your claim won’t directly affect the services provided.

Part of your solicitor’s role is to determine who is to blame for what happened to you, so you don’t need to worry if you’re not completely sure who should be held responsible.

Medical misdiagnosis claim FAQs

How much misdiagnosis compensation could I receive?

If your claim is successful, the total amount of compensation you receive will largely depend on the impact the misdiagnosis has had on your life.

Usually, settlements for misdiagnosis claims will be split into two categories – general damages and special damages:

• General damages* – Compensate you for your pain and suffering
• Special damages – Cover losses related to your misdiagnosis such as reduced earnings if you’ve been unable to work, or the cost of further medical treatment

For many people who suffer from a misdiagnosis, going straight back to work is not possible. If you’ve lost earnings due to your misdiagnosis, you might have worries about meeting the costs of household bills and medical treatment.

If the medical professional responsible for your misdiagnosis accepts responsibility, your solicitor could help you apply for interim payments. These will be paid out to you before your case is settled, so you can address any immediate expenses.

*For an estimate of how much your claim could be worth in general damages, try our free misdiagnosis claim calculator.

How long do I have to make a misdiagnosis claim?

As with all medical negligence claims, there are time limits in place for when a misdiagnosis claim can be made.

You’ll have three years from the date you became aware that you were misdiagnosed or did not receive the diagnosis that you should have – this is known as the date of acknowledgement.

The time limits are slightly different if the person affected by misdiagnosis is either:

• A child

When a child suffers medical negligence, the time limit will not start until their 18th birthday. They’ll then have until they’re 21-years-old to bring forward a claim.

• An adult lacking mental capacity

If someone doesn’t have the mental capacity to bring a claim themselves, the time limit will start from the date they’re able to understand what taking legal action will involve.

If the person won’t regain mental capacity, a claim can be submitted on their behalf by a litigation friend.

We work with experienced medical misdiagnosis solicitors who will work on your behalf to make sure all the relevant deadlines are met, so you can focus on your recovery.

Will my misdiagnosis claim go to court?

Most medical negligence cases are settled outside of court and it’s unlikely that your misdiagnosis claim will go to trial.

If it does – usually because the other side refuses to admit liability or negotiations have broken down – your solicitor will make sure you’re fully prepared and will be at your side throughout.

How long will my misdiagnosis claim take?

As every claim is different, there’s no straightforward answer to this question. There are many variable factors in medical negligence claims which could change the timeline of your case.

Your medical misdiagnosis solicitor may be able to give you an idea of how long the claims process could take for you based on their prior experience and the details of your case. But this should only be taken as a guideline.

I’ve suffered a misdiagnosis – how can First4Lawyers help?

If you’ve received an incorrect diagnosis, were diagnosed too late or didn’t receive a diagnosis at all, we’d encourage you to get in touch to discuss making a claim.

We know the thought of taking legal action can feel daunting, so we’ll never pressure you into making a decision. Instead, we’ll explain the process and give you the time you need to decide if you’d like to go forward with pursuing a claim.

We’ve already helped thousands of people who have suffered due to a misdiagnosis, like Justin, who received £15,000 in compensation after a doctor misdiagnosed his broken wrist.

To find out how we could help you, contact us through our quick and easy online claim form or by phone. Our number is at the top of the screen.

We’re here to listen, whenever you’re ready.

Related guides:

• What is Causation in a Medical Negligence Claim?
• How to Sue the NHS
• Patients' Rights: How to Sue the NHS