Medical Misdiagnosis Claims

Misdiagnosis may have occurred if a doctor fails to diagnose or incorrectly diagnoses your illness, disease or condition. Examples include a scan or test results being misinterpreted, leading to you receiving the wrong treatment.

There can be many different reasons why a medical condition is not correctly diagnosed. Common reasons include symptoms or test results being missed, not recorded correctly or misinterpreted and failures in making sure patients are seen by clinicians with the correct expertise.

To prove misdiagnosis negligence, we may need to obtain medical records, consult with medical experts and gather witness statements, if applicable. It’s important for us to establish the facts and gather as much information as possible so that we can build a strong case for you.

The exact level of compensation will depend on the situation, including both the financial and non-financial impact on the life of the misdiagnosed person.

There are two types of compensation for a misdiagnosis to which you may be entitled:

• Special damages: for specific financial costs due to the misdiagnosis e.g. paying for treatment and lost income. This can cover both costs you have experienced so far and costs you expect to incur in the future.
• General damages: for non-financial issues, such as pain, suffering and ‘loss of amenity’ which means no longer being able to do things you previously could.

You normally have three years to start a medical misdiagnosis claim. This is counted from the time when you were aware that you had been misdiagnosed and that this may have been due to negligence. This is known as the ‘date of knowledge’.

There are some situations where you may have longer to claim. This refers to a date of knowledge. If you have suffered a misdiagnosis it may be that you do not find out that you have been misdiagnosed for some time. The time limit can therefore start from the date you knew of the misdiagnosis.

• Was under the age of 18 at the time of the misdiagnosis: their parent or guardian has until they turn 18 to bring a claim. The claimant will then be able to bring a claim themselves up until their 21^st birthday should they need to do so.
• Does not have the mental capacity to bring a claim: there is no time limit for someone else to make a claim for them.
• Has died: a representative of their estate will normally have three years from the date of death to make a claim.

Unfortunately, there is no set answer to this as it will entirely depend on the circumstances. The good news is that most claims for misdiagnosis of a medical condition can be settled out of court, which can sometimes prolong the claims process.

This is a common concern, but not something that should ever put you off making a claim. The majority of claims we handle are funded through a ‘no win, no fee’ agreement, so you do not need to pay anything to start a claim and our fees will only apply if your claim is successful.

It is also worth bearing in mind that, in many cases, the Defendant will cover the majority of your fees in a successful claim.

Read more about funding your medical negligence claim.

The vast majority of medical negligence claims we deal with are settled out of court, however, there may be circumstances where the claim does need to go to trial. In any case, our expert team will do their best to help secure maximum compensation for you.

Yes, if you need to make a claim on behalf of someone who is under the age of 18 or who does not have the mental capacity to make a claim, you may be able to do so. Please speak to our team to discuss whether you are eligible to claim for someone else.

Yes, if a loved one has sadly died due to a misdiagnosis, then a representative of their estate will usually be able to make a claim on behalf of their estate and any dependants. You normally have three years from the date of death to do so.

This is a common source of anxiety for people with a potential claim and is really understandable.

It is important to remember that making a claim is often the best way for people who have been let down by the NHS to raise concerns and help to ensure this is less likely to happen to someone else. Also, NHS trusts have insurance for exactly this reason, so please be assured that any damages you are awarded will not be taking funds away from providing services to other patients.

You should also keep in mind that you have to do what is right for you and your loved ones. Seeking NHS misdiagnosis compensation is often the only way to ensure you can get the financial support you need to live with the impact of a misdiagnosis.

We cover this subject more in our guide, suing the NHS – is it ethical?

If you or a loved one have been affected by a misdiagnosis, you can arrange a no obligation initial meeting with a member of our medical negligence team. We will talk through what has happened and the impact the negligence has had on your or your loved one’s health and wellbeing

Our expert solicitors will then look at your case and decide whether we think your claim for misdiagnosis of a medical condition merits further investigation. If we believe you have a claim, we will discuss the next steps with you, including funding options.

We understand that it may not always be possible for you to visit our offices if you are living with the impact of medical negligence, so we can offer home visits to accommodate your needs.