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Medical Misdiagnosis Claims

Reviewed by

Peter Rigby - Director of Medical Negligence | Last updated on: 18th June, 2024

We've got your Medical Misdiagnosis Claim covered


Medical Misdiagnosis Claims

Misdiagnosis claims form the basis of the largest percentage of medical negligence compensation claims. The annual report from NHS Resolution indicated that there has been an increase of £0.2 billion for ‘potential claims arising from delays, cancellations and misdiagnosis.’ The consequences of misdiagnosis can be devastating and can lead to delays in patients receiving the treatment they require.

Suffering from a medical misdiagnosis? You’re not alone. We recognise the profound and enduring impact that misdiagnosis can have.

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What is a Medical Misdiagnosis?

A medical misdiagnosis occurs when your GP, or another health professional, provides you with an inaccurate or delayed diagnosis. This can lead to incorrect treatment which can result in worsening of the condition, emotional distress, and avoidable expenses.

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.

What is a Medical Misdiagnosis Claim?

A misdiagnosis claim occurs following an inaccurate or delayed diagnosis and involves a patient taking legal action against a healthcare provider. Patients pursue misdiagnosis claims to seek compensation for the damages caused by this breach in the standard of care. Decades of experience navigating misdiagnosis claims and securing compensation gives us a unique understanding of this area. We understand the complexities of medical misdiagnosis and will do everything we can to secure you justice.

What are the Different Types of Medical Misdiagnosis Claims?

We have handled many different medical misdiagnosis compensation claims, including:

Misdiagnosis claims can occur in many different forms but some of the most common that 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
  • 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
  • Failure to diagnose a fracture: it could be that your fracture was missed during an X-ray or MRI, or that there was a failure to conduct 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. In 2018, we helped our client to receive £17,500 by his NHS Trust after they failed to identify a stress fracture.

Claiming Cancer Misdiagnosis Compensation

Cancer misdiagnosis can have detrimental implications, 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. Due to the intricate nature of cancer diagnosis, misdiagnosis or delayed diagnosis can unfortunately occur. A delayed or missed diagnosis can result in the cancer progressing and this limits the available treatment options. We can help investigate whether the cancer should have been identified sooner and assess the potential impact on your prognosis and treatment.

What Common Conditions are Misdiagnosed on the NHS?

Many common conditions can be diagnosed incorrectly. This is partly because conditions like cancer can mimic the symptoms of different diseases. It is particularly common during initial visits to the GP when symptoms are in their early stages and difficult to classify. Conditions commonly misdiagnosed can include but are not limited to:

How to Make a Medical Misdiagnosis Claim

We understand how stressful and time-consuming a legal claim can be but we’re here to remove that burden and deal with your misdiagnosis case in a smooth and efficient manner. We’d advise arranging a free first meeting with one of our experts to discuss your misdiagnosis experience. The solicitor will assess the facts and evaluate if they think you have a claim. Then, with your permission, they will begin to investigate and gather evidence. Your lawyer will work to prove that your condition was misdiagnosed and ensure you receive timely compensation to focus on your health and future. 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. They’ll be by your side from start to finish and will answer any questions you may have, related to your claim, recovery or rehabilitation needs. Take the first step towards justice and contact our specialist team today. They will discuss your case with you and help you explore your legal options.

No Win No Fee Medical Misdiagnosis Claims

If you suffer a misdiagnosis, you shouldn’t have to worry about the expense of legal fees. No matter the claim, we always adopt a ‘No Win No Fee’ approach and misdiagnosis is 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.

Examples of Misdiagnosis Cases

Medical Negligence solicitor, 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. Without 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 was awarded, as part of a misdiagnosis compensation package. 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

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

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Why Choose Patient Claim Line for your Medical Misdiagnosis Claim?


Not just lawyers — medical negligence experts

Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.

At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.

It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.


Frequently asked questions about Medical Misdiagnosis Claims

Our expert legal team answer your questions about making a Medical Misdiagnosis Claim

Medical misdiagnosis compensation settlements vary and there is no one set amount. The factors considered when determining your compensation 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

The effects will vary depending on the type of illness or injury you experience but, simply put, a medical misdiagnosis can have a long-lasting effect on not just your life and the lives of those you love too. As solicitors specialising in medical misdiagnosis, we understand the difficulties you’re facing; no matter the situation, your feelings and experiences are valid. 

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. Rest assured, our representation has helped many clients to turn things around and build a brighter future. Our best advice is to contact us today to hear how we can support you.

Misdiagnosis claims are on the rise and they can be filed against healthcare professionals in both the NHS and private sectors. Whether it’s doctors, dentists, or opticians, all practitioners are accountable.

 

We will not treat an NHS misdiagnosis 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 or a delay for treatment you will receive the same expert approach from our specialist misdiagnosis claims lawyers.

The usual limitation period for all medical negligence claims, including misdiagnosis claims, is three years. This means that you must make your misdiagnosis claim within three years after the date when the misdiagnosis occurred or when you first became aware of the misdiagnosis.

 

There are however some important exceptions to the rule:

  • Children under the age of 18 have three years from the date of their 18th birthday to bring forward a claim
  • If the victim of medical misdiagnosis has died, their family has three years from the date of death to pursue a claim on their behalf
  • Adults who do not have the mental capacity are likely to have no time limit on their medical misdiagnosis claim. This includes conditions like dementia and certain learning difficulties.

Meet our Medical Misdiagnosis Team

  • Peter Rigby

    Director of Medical Negligence

  • Sion Wynne

    Senior Solicitor

  • Peter Daly

    Solicitor

  • Daniel Finney

    Chartered Legal Executive


  • Case Study

    Robert's Story

    "You couldn’t ask for a better team"

    After his symptoms were misdiagnosed, Robert suffered a stroke affecting the left side of his body. He was in hospital for five weeks and had to attend physiotherapy for six months as part of his recovery.

    Our team secured a substantial compensation, which took into consideration the physical and mental impact of Robert’s misdiagnosis on him and his family.

    This enabled Robert’s wife to give up work as well as buy a bungalow together, making it easier for Robert, with his mobility problems. Robert is looking forward to going back to the music concerts and car shows he used to enjoy, as well as spending more time with family.