Misdiagnosis Claims

What is medical misdiagnosis?

Misdiagnosis is when a medical illness, condition or injury is not correctly diagnosed by a healthcare professional. Instances of medical misdiagnosis can vary widely, but they’re generally split into two main categories. These include:  

• Delayed diagnosis – When a diagnosis is made late, causing significant delays to treatment
• Incorrect diagnosis or failure to diagnose – When a medical professional gives a diagnosis that is wrong, or they fail to provide any diagnosis of your condition at all

Where medical negligence has led to a misdiagnosis, the consequences can be devastating and have a long-lasting impact. In some cases, a misdiagnosis can lead to:

• Pharmacy errors – Following an incorrect diagnosis, you may be prescribed unsuitable medication that could cause further illness and serious side effects. Alternatively, where a diagnosis hasn’t been given, you might be deprived of medication that could improve your health
• Reduced chances of survival – In the most tragic cases, misdiagnosis can allow time for aggressive diseases like cancer to spread and become more severe, meaning treatment may not be 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 result in an operation like a mastectomy being carried out unnecessarily, with devastating consequences

Whilst compensation won’t take away the suffering you’ve endured as a result of being misdiagnosed, it could give you access to vital support that will help you to move forward and rebuild your life following your misdiagnosis.

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 entitled to make a claim for compensation.

Part of a medical negligence 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’s responsible. If you were treated by the NHS, your solicitor could also help you navigate the NHS complaints process, giving you peace of mind that lessons will be learnt.

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. A compensation payout will usually be made up of what’s known as general 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

If you’ve suffered as a result of misdiagnosis, we’re here to help. Get in touch for a free, no-obligation chat where one of our expert advisors will assess your claim and let you know if you’re eligible for our No Win No Fee service.

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 a diagnosis when 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 18^th 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, the time limit will start from the date they’re able to understand what taking legal action will involve. If they 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 that all relevant deadlines are met, so you can focus on your recovery. If you’re thinking about pursuing a claim, we’d recommend getting in touch with our legal advisors as soon as you feel comfortable so they can help you start the process.

I’ve suffered a misdiagnosis – how can First4Laywers help me?

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 aim to take the stress out of the claims process, ensuring that you can achieve peace of mind at what can be an incredibly difficult time.

We know that 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 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 online claim form or by phone. Our number is at the top of the screen.

Medical Misdiagnosis FAQs

Will I have to go to court for my misdiagnosis claim?

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 medical negligence solicitor will ensure you’re fully prepared and will be at your side throughout.

How long does a misdiagnosis claim take?

As every claim is different, there’s no straightforward answer to this question. There are also 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 might take for you based on their prior experience and the details of your case. This should be taken as a guideline rather than a set timeframe.

How will I pay for immediate costs?

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

If the medical professional responsible for your misdiagnosis accepts liability, your medical negligence solicitor will help you apply for an interim payment. An interim payment allows you to access a certain amount of compensation before the case is settled, so that you can address any immediate expenses.