Misdiagnosis
Compensation Claims

What to consider when making a misdiagnosis claim

• GPs, nurses and other medical staff owe a duty of care to protect patients from avoidable harm.
• You can claim compensation if you were harmed by misdiagnosis, delayed diagnosis, medication errors and other medical mistakes.
• You can also claim for harm caused by a lack of informed consent, or unnecessary treatment or surgery.
• You have 3 years to start your claim, from the date you discovered you were the victim of medical negligence.
• Your compensation will depend on the impact of the misdiagnosis on your health, daily life and work. Discover how much you could claim with our compensation calculator.
• Making a claim for medical negligence can also get you clear apology, and an explanation of what happened.
• You're eligible to claim under a no win, no fee agreement.

If you’ve been misdiagnosed, we can help you claim compensation

When healthcare professionals fail to correctly diagnose a condition, it can lead to delayed or inappropriate treatment, resulting in further illness, injury, or even life-threatening situations.

If your life, or the life of a loved one, has been affected by a medical misdiagnosis, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you can claim compensation. Your solicitor will work to prove that your healthcare provider failed in their duty of care, and that their negligence directly contributed to your injury or illness.

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

With over 13,000 clinical negligence claims a year, you're not alone

Misdiagnosis is one of the most common types of clinical negligence claims. Three categories of medical misdiagnosis are identified: total misdiagnosis, incorrect diagnosis and late diagnosis.

Although there is no central record of the number of people injured as a result of misdiagnosis, new claims must be registered with the Department for Work & Pensions (DWP). Between 1 April 2022 and 31 March 2023, 14,443 clinical negligence claims were registered with the DWP (source: gov.uk).

13,511 new clinical negligence claims were referred to NHS Resolution in 2022/23 (resolution.nhs.uk).

If you decide to make a medical misdiagnosis claim, your medical negligence solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

See also:

Clinical negligence compensation claims

How much compensation can I claim for a medical misdiagnosis?

The compensation you can claim for misdiagnosis is based on:

• how serious the injury is,
• the effect of your injury on your daily routine and ability to work,
• any financial expenses or losses you?ve had due to your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages will be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.

These damages will also cover the cost of any medical procedures you might need to treat or recover from your injury such as corrective treatment and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Am I eligible for medical misdiagnosis compensation?

You are entitled to make an injury claim for misdiagnosis, if:

• you were injured in the last 3 years, and;
• another party was responsible, and;
• that party had a legal duty to protect you.

Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

How long do I have to make a medical misdiagnosis claim?

You usually have 3 years to make a medical misdiagnosis claim, from the date you learned you were harmed by the substandard care (the date of knowledge).

For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a medical negligence claim.

Claims for total misdiagnosis

Total or missed misdiagnosis occurs when a medical professional fails to identify the symptoms of a health condition or illness. Without crucial treatment, the condition may develop to a more advanced stage, impacting the patient's treatment, prognosis and recovery time.

Claiming for an incorrect diagnosis

Incorrect diagnosis occurs when a medical professional wrongly diagnoses an illness or condition, which may cause the patient to undergo an unnecessary medical procedure. For example, a patient wrongly diagnosed with cancer may receive needless chemotherapy or have an organ or tissue removed.

Other problems may arise when patients are given the incorrect diagnosis. If their true condition is allowed to progress unchecked, the patient may require more invasive treatment when the condition is eventually uncovered. Some patients may also experience a severe psychological reaction to the mistaken belief that they have a serious illness.

Claiming for a late diagnosis

Late diagnosis, also known as delayed diagnosis, occurs when opportunities for diagnosis are missed and the medical professional only realises the true nature of an illness or condition when it is at an advanced stage. Mistakes of this kind can increase the pain and discomfort of the patient, prolong the recovery period and in serious cases, reduce the patient's life expectancy.

Why does medical misdiagnosis occur?

Misdiagnosis occurs for a number of reasons, including:

• Healthcare professionals failing to adequately investigate the symptoms of serious illness
• Doctors failing to perform the correct tests
• GP negligence
• The GP having inadequate expertise with a particular type of healthcare condition
• Errors by junior medical staff due to a lack of supervision
• Misinterpretation of test results such as CT scans, MRI scans, X-rays, biopsies, smears and tissue samples.

Compensation awards are calculated by reference to the injuries that are sustained and the impact these injuries have had on a claimant's life, rather than the context or cause of the medical misdiagnosis.

For the purposes of a misdiagnosis claim, however, the reason for the misdiagnosis does matter. It must be shown that the misdiagnosis caused or exacerbated the patient's illness or condition, and that the misdiagnosis itself occurred as a result of the healthcare professional's act or negligence.

Who can make a claim?

Any person who has experienced more pain and suffering than would have been caused by their illness if it had been treated correctly, as a result of a medical professional's misdiagnosis, may be eligible to claim compensation.

Precise time limits are place for making a misdiagnosis compensation claim. A claim must be made within three years of either the date the misdiagnosis occurred, or the date a link is discovered between the misdiagnosis and the patient's injuries or worsening health condition.

Some claimants may experience a significant delay between the time they first see their doctor and the time that the symptoms of the medical misdiagnosis begin to make themselves felt.

Who can you make a misdiagnosis claim against?

Claims are usually brought against a hospital or GP surgery.

For treatment and consultation carried out in an NHS hospital, the defendant is the relevant NHS Trust. In the case of a private consultant, the claim usually is brought against the consultant personally and his or her insurance company.

Is the medical professional liable?

To successfully pursue a claim for medical misdiagnosis, the claimant's solicitor will need to establish breach of duty on the part of the healthcare professional, also known as negligence. Negligence occurs when the standard of care received was below the standard that could reasonably be expected of a competent medical professional in the same field.

The claimant's solicitor must also show that the treatment received (or lack of treatment) caused the claimant further injury, pain or suffering. This is known as causation.

While undesirable, not all misdiagnosis claims will result in a payment of compensation. For example, a Court may not award compensation to a patient who received a late diagnosis but whose condition did not get any worse in the intervening period. In this scenario, there is no evidence that an earlier diagnosis would have changed the treatment options or led to a better outcome.

Medical misdiagnosis clinical negligence claims

Most medical misdiagnosis claims involve clinical negligence. Click the icon below to explore the next steps in the claims process.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.