Medical Misdiagnosis Claims

Reviewed by
Georgia Briscoe, Director of Medical Neglience

Medical Misdiagnosis Claims

Medical misdiagnosis forms the basis of the largest percentage of medical negligence compensation claims. The annual report from NHS Resolution indicated that 40% of notified claims related to wrong, failed or delayed diagnosis. The consequences of misdiagnosis can be devastating and can lead to delays in patients receiving the treatment they require.

What is a misdiagnosis claim?

Whilst diagnosis may be difficult in some circumstances, a treating clinician has a duty to consider all reasonable causes for your condition and to take steps to exclude or confirm any potential diagnosis. Some conditions may have similar signs or symptoms and in those circumstances a “differential” diagnosis would be appropriate. We have a unique understanding of this area as we’ve had years of experience in dealing with all the different aspects of misdiagnosis claims and medical negligence.


The medical misdiagnosis compensation claims we handle are:

 

 

Medical misdiagnosis has many different forms but some of the most common we see are:

 

  • A serious illness is allowed to progress unchecked or without being correctly identified
  • Wrong medication is prescribed due to the misdiagnosis of the condition. This could result in a worsening or prolonging of your ailment
  • Test results are misinterpreted or not properly assessed
  • Inadequate consideration is given to alternative or differential diagnoses
  • There is a failure to interpret test results correctly
  • Your treatment is delayed because of misdiagnosis so your condition gets worse
  • Misdiagnosis in pregnancy related cases can result in damage to the mother and to the unborn baby particularly in relation to a failure to recognise early signs of infection
  • A failure in diagnosing a fracture – It could be that your fracture was missed during an X-ray or MRI, or that there was a failure in conducting adequate tests and investigations. A fracture misdiagnosis or delayed diagnosis could negatively impact the outcome of your treatment, increase recovery time, and in some circumstances lead to serious complications. Our client was awarded £17,500 by his NHS Trust after they failed to identify a stress fracture.

Claiming cancer misdiagnosis compensation

Cancer misdiagnosis can be detrimental to a person’s wellbeing, particularly if the total misdiagnosis or delayed diagnosis impacts your long-term health or leads to additional medical costs. This is a specialist claim type that requires dedicated legal expertise. Our solicitors are experts in medical negligence and have handled many cancer misdiagnosis claims successfully. Because of the complex nature of diagnosing a disease such as cancer, misdiagnosis or delayed diagnosis can unfortunately happen. If there has been a delayed or missed diagnosis, then this can result in cancer progressing with a limitation of the available treatment options. In such cases, we can help to determine when cancer should have been diagnosed and how this affected your outcome to your detriment.

What common conditions are misdiagnosed on the NHS?

Because the symptoms of cancer and other conditions can mimic the symptoms of different diseases, many common conditions can be diagnosed incorrectly. This is particularly common during initial visits to the GP when symptoms are in their early stages. These conditions can include but are not limited to:

 

How to make a medical misdiagnosis claim

We know how stressful and consuming a legal claim can be and that’s why we’re here to take that stress away from you, and deal with your claim in a smooth and efficient manner. Our expert legal team will not only fight for justice for you, but will also be on hand to offer advice and support throughout your case – whether that be related to your claim, recovery and rehabilitation needs, or just to answer any questions you may have.

To start your claim, contact our specialist team and they will discuss your case with you.

 

No win no fee Medical Misdiagnosis claims

If you suffer a medical misdiagnosis, we don’t want you to worry about the expense of legal fees. No matter the claim, we always adopt a ‘No Win No Fee’ approach with misdiagnosis being no exception.

If your claim is accepted, our expert legal team will fight for your case because we believe everyone has the right to fair legal representation.

If the case is successful, we will retain a small percentage in accordance with our upfront agreement with you at the start of your claim.

How much compensation for medical misdiagnosis claims?

Although medical misdiagnosis compensation settlements vary, the mitigating factors will generally include:

  • Out-of-pocket expenses
  • Loss of earnings
  • Potential future treatment costs
  • Compensation for injuries, both physical and mental taking into consideration the impact the misdiagnosis has on your day-to-day life

When it comes to understanding how much compensation you could receive, we appreciate just how easy it is to get lost in a sea of research. This is why our legal experts will always be transparent and upfront about how your settlement figure will be calculated.

 

What do our clients say?

“I have been extremely happy with my solicitor dealing with my case. Right from the outset I have felt that he understood how upset I was and the traumatic experience I had gone through.” 

Mrs. Angela Jane Passey

“I feel very understood and very helped. I feel there has been no judgments towards me. They always emailed me back quickly and professionally. I find the services very helpful.”

Miss Jamie-Leigh Mackintosh

“Amy was so helpful and understanding, she kept me informed and included me in all the decisions. It has been easy and effortless; I feel I have been looked after and a brilliant outcome. I would definitely recommend your company.”

Ms. Julie Allyson Bell

 

What are the effects of medical misdiagnosis?

Simply put, a medical misdiagnosis can have a long-lasting effect on not just your life, but the lives of  those you love too.

The effects will vary depending on the type of illness or injury you experience. However, no matter the situation, your feelings and experiences are valid.

As solicitors specialising in medical misdiagnosis, we understand the difficulties you’re facing.

If you have suffered a misdiagnosis, your current condition may worsen because you have not received the treatment or correct advice when you needed it.

In addition to this, your condition may be difficult for others to see, which can mean that those around you are not as understanding; especially if your misdiagnosis is for your mental health.

Rest assured, we represent many clients where they have been able to turn things around and build a brighter future. Our best advice is to contact us today to hear how we can support you.

Who can I bring a medical misdiagnosis claim against?  

Misdiagnosis claims are on the rise and they can be brought against both NHS health professionals and private ones. Doctors, dentists, opticians; they all count.

With an NHS misdiagnosis, we will not treat this claim any differently than if we were representing a client against a private defendant.

This means that no matter the type of misdiagnosis you experience, be that a cancer misdiagnosis, a delay for treatment, or otherwise, you will receive the same expert approach from our specialist misdiagnosis claims lawyers.

Examples of misdiagnosis cases

Rebecca Dawson recently settled a serious degenerative spinal injury misdiagnosis case.

The client, who suffered many years of incontinence and leg spasms, was told by his local NHS Trust that his symptoms were inconclusive, and that he wouldn’t be given an MRI because the neurologist believed he had restless leg syndrome.

But for the persistence of Rebecca and her team, the client would now be entirely wheelchair dependent. Despite the Trust failing to admit negligence, overwhelming medical evidence seen at a hearing meant that over £1 million, as part of a misdiagnosis compensation package, was awarded.

In January 2008, another client was diagnosed with progressive transformation of germinal centres (“PTGC”).

On second viewing, there had been a negligent failure to correctly diagnose and treat our client, causing injury and loss. Treatment was not given in 2008, and the disease transformed into an aggressive B-cell Non-Hodgkin’s Lymphoma.

“If our client had been correctly diagnosed with nodular lymphocyte predominant Hodgkin’s lymphoma in 2008, he would have been treated with involved field radiotherapy, possibly with the addition of two cycles of chemotherapy.”

Patient Claim Line’s Daniel Finney

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Meet the team

Georgia Briscoe

Georgia Briscoe
Director of Legal Strategy and Transformation

Georgia is one of our Directors of Medical Negligence and has an impressive wealth of knowledge. She has over 15 years of legal experience and is responsible for overseeing the whole medical negligence team.

Georgia prides herself on the development of her team and aims to ensure that everyone in the department shares the same passion, tenacity and drive to get the best possible result for the injured patient.

Georgia is in charge of the day to day operational running of our largest medical negligence department, working hard to ensure a self-sustainable future for the team. Georgia is heavily involved in developing Fletchers’ nationwide reputation as medical negligence experts, alongside ensuring that all of our cases are dealt with the utmost efficiency and professionalism.

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Medical Misdiagnosis claim?

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Frequently asked questions about medical misdiagnosis

Our expert legal team answer your questions about making a misdiagnosis claim.

Sarah's Story

"Now we have peace of mind"

My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.

In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.

He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.

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