How To Make Medical Misdiagnosis Claims

Have you or a loved one suffered harm due to the misdiagnosis of a medical condition? If so, you may be able to make a compensation claim. Misdiagnosis claims can help people seek compensation for harm caused by misdiagnosis, receiving the wrong diagnosis or delayed diagnosis. In this guide, we explain everything you need to know about making a medical misdiagnosis claim. We explain eligibility criteria, conditions that may be misdiagnosed, what you could claim and how to begin the claims process.

What You Need To Know

• Misdiagnosis could be due to getting an incorrect, delayed or missed diagnosis.
• Common medical conditions which may be misdiagnosed include cancers, diabetes and strokes.
• You could be compensated for your pain and suffering as well as financial losses.
• Medical negligence claims must be started within specific time limits.
• You can contact our No Win No Fee solicitors to get expert help and guidance.

Advice’s expert medical negligence solicitors could help you at every step of the claims journey. Contact us to find out more by:

• Calling 0161 509 2856.
• Click here to contact us online.
• Speak to an advisor live.

Jump To A Section

• What Are Medical Misdiagnosis Claims?
• Can I Make A Medical Misdiagnosis Claim?
• Are Medical Misdiagnosis A Result Of Negligence?
• The Most Common Conditions In Misdiagnosis Claims
• How Much Compensation Could I Win For A Medical Misdiagnosis?
• How Is The Compensation Amount Calculated?
• Can Misdiagnosis Claims Be Paid Out Early If I’m Unable To Work?
• How Do I Start A Claim For Misdiagnosis?
• What Is The Misdiagnosis Limitation Period?
• How Can Advice Help Me Claim For A Misdiagnosis?
• More Information

What Are Medical Misdiagnosis Claims?

Medical misdiagnosis claims are a type of medical negligence claim. They are a way for patients who have been harmed by a medical professional negligently providing an incorrect, delayed or missed diagnosis to seek compensation. Not all instances of misdiagnosis may be considered negligent. To have a valid claim, you must show that the person treating you failed to meet professional standards. We will explore when misdiagnosis may not be the result of negligence later in this guide.

As we will explore later in this guide, medical professionals have a duty of care to provide healthcare which meets reasonably expected standards.

Types of medical misdiagnosis could include:

• Missed diagnosis – a medical professional fails to identify a medical condition.
• Delayed diagnosis – there are delays in diagnosing a condition, which leads to its worsening.
• Incorrect diagnosis – where there are delays in diagnosing a condition which leads to worse outcomes.

Claims for medical misdiagnosis address the physical, psychological and financial impact of errors. You could make a medical misdiagnosis claim against private healthcare providers or the NHS.

Consult with one of our advisors today to learn more about medical misdiagnosis claims.

Can I Make A Medical Misdiagnosis Claim?

Medical and healthcare professionals have a duty of care to any patient they treat. They must ensure that they provide a reasonable standard of care. This may include taking steps such as:

• Accurately assessing symptoms,
• Taking an accurate medical history/ consulting your medical records.
• Ordering appropriate tests,
• Correctly interpreting test results

If a medical professional fails to take these, or other relevant steps, a patient may suffer severe consequences. Consequences could include delays in getting the right treatment, prolonged illness and long-term damage to their health.

The eligibility criteria which misdiagnosis claims must meet are:

1. That you were owed a duty of care by a medical or healthcare professional.
2. This party breached their duty of care to you.
3. The breach caused you unnecessary and/or avoidable harm.
4. That you are within the applicable time limit.

Can I Still Claim If I Was Diagnosed By The NHS?

Both your eligibility to claim compensation and the process of making a claim is the same, regardless of whether you were under the care of an NHS or private healthcare provider. Medical and healthcare professionals working for the NHS and private sectors must meet the same professional standards and owe patients the same duty of care.

Our team could provide advice on how to make a claim against the NHS or a private healthcare provider.

Are Medical Misdiagnosis A Result Of Negligence?

The first thing we should note is that medical misdiagnosis, such as highlighted in the examples above, is not always the result of negligence. Even where doctors are adhering to professional standards they could make non-negligent errors. This may be due to certain conditions being complex to diagnose.

Examples of non-negligent misdiagnosis could include:

• Where a patient presents with atypical symptoms. This may make it hard to provide the correct diagnosis.
• Where a patient has a rare condition which is harder to correctly diagnose.

When you contact one of our advisors they could review the circumstances of your case and help to determine whether you are eligible to make a misdiagnosis claim.

The Most Common Conditions In Misdiagnosis Claims

Whilst any injury or illness could be misdiagnosed, certain conditions may be more frequently involved in misdiagnosis claims. This may be due to the complexity of providing the right diagnosis or the potentially serious consequences of diagnostic errors. For example, a condition such as cancer may be misdiagnosed as rheumatoid arthritis. Failure to get proper treatment could decrease a patient’s chances of making a full recovery.

Below we explore conditions that may be misdiagnosed.

Cancers

Cancer is an extremely prevalent condition. NHS cancer statistics show that almost 1 in 2 people will be affected by some form of cancer. Whilst many cancers are treatable or even curable when detected early, diagnostic delays could reduce the chances of treatment succeeding. Cancer misdiagnosis could decrease a patient’s chances of making a full recovery.

Conditions such as breast cancer may be misdiagnosed due to a medical professional misreading test results. A GP may have missed misdiagnosed or failed to make the clear connection between a patient’s symptoms and those of head and neck cancer where another practitioner would have.

Broken Bones

Missed fractures can lead to long-term health complications, such as bones healing in poor alignment and chronic pain. They may require corrective surgery, such as the bone being rebroken. In children where growth plates are affected, the problem can be particularly concerning.

A fractured or broken bone may be missed due to a medical professional misinterpreting the symptoms of a fracture or the results of an x-ray.

Ectopic Pregnancy

An ectopic pregnancy occurs when a fertilised egg implants outside the uterus. This most commonly occurs in the fallopian tube. It may be caused by previous surgery, infection or conditions such as endometriosis. Without treatment, the ectopic pregnancy could rupture, causing life-threatening internal bleeding.

Misdiagnosis could occur due to a doctor misdiagnosing the condition as an ovarian cyst, a miscarriage or a urinary tract infection (UTI).

Irritable Bowel Syndrome

Irritable Bowel Syndrome (IBS) could be misdiagnosed due to symptoms overlapping with other conditions such as food intolerances, coeliac disease or Crohn’s disease.

Overlapping symptoms may include bloating, pain and changes in bowel habits, making it harder for medical professionals to rule these conditions out.

Meningitis

Meningitis may be misdiagnosed as a less severe condition such as a viral infection or the flu. Symptoms of meningitis, such as fatigue, headaches and fever may overlap with such conditions.

Misdiagnosis could occur due to medical professionals failing to perform diagnostic tests, such as blood cultures or a lumbar puncture. Doctors may also misinterpret symptoms in younger children and infants.

Diabetes

Diabetes may present with symptoms such as increased thirst, frequent urination and fatigue which may be misdiagnosed as conditions such as a UTI. The failure to diagnose diabetes could have serious consequences for a patient. They may suffer diabetic ketoacidosis if they do not get insulin therapy when needed.

Potential causes of diabetes misdiagnosis could include the failure to spot symptoms, not taking a patient’s full medical history and not carrying out relevant diagnostic tests, such as blood tests or a c-peptide test.

Stroke

The NHS and other organisations use the FAST (Face, Arms, Speech, Time) test to spot symptoms such as a person’s face drooping on one side, slurred speech and a patient being unable to lift their arms.

Strokes may be misdiagnosed as a seizure, migraine or even anxiety. Misdiagnosis could occur due to a doctor not carrying out proper neurological assessments or imaging tests (such as an MRI or CT scan). Delays in treating a stroke can lead to worse outcomes for patients.

Epilepsy

Those with epilepsy may be given the wrong diagnosis due to symptoms being similar to those for conditions such as migraines, fainting and psychogenic non-epileptic seizures (PNES). Due to this difficulty, it is important that patients are referred to a specialist.

Patients may be given an incorrect diagnosis if their doctor fails to view their medical records, take a detailed medical history, fails to order appropriate tests, or misinterprets the results of an EEG. As a result, a patient may be prescribed the wrong medication, such as being prescribed medication to treat migraines.

These are just some instances where a patient may be given the wrong diagnosis and where there may be harmful delays to getting the right diagnosis.

Find out when you could make a medical misdiagnosis claim for yourself or a loved one by getting in contact with our team.

How Much Compensation Could I Win For A Medical Misdiagnosis?

How much compensation claimants may be awarded depends on the type of harm suffered and how severe it is. The list below presents example compensation figures related to general damages. We will explain where these figures are taken from in the subsequent section.

• Up to £1,000,000 or more, multiple severe forms of harm plus special damages for financial losses.
• Brain damage (A), very severe, £267,340 to £344,150.
• Brain damage (D), less severe, £18,700 to £52,550.
• Kidney damage (A), serious and permanent damage or the loss of both kidneys, £206,730 to £256,780.
• Kidney damage (B). significant risk of future UTI, up to £78,080.
• Bowels (A), double incontinence, up to £224,790.
• Bowels (B), loss of natural function, up to £183,190.
• Bladder (B), loss of control and function, up to £171,680.
• Bladder (C), serious impairment of bladder control, £78,080 to £97,540.
• Spleen (A), loss of the spleen, £25,380 to £32,090.

Talk to us about how compensation claims may be valued.

How Is The Compensation Amount Calculated?

Medical misdiagnosis compensation settlements may be made up of two parts. These are called general and special damages.

General damages are awarded to take claimants’ pain and suffering into account. To calculate this part of your award, a medical negligence solicitor may look at your medical records and compare these with the Judicial College Guidelines (JCG). The JCG is a document which contains guidelines on compensation amounts for different injuries.

Apart from the first entry, figures in the list above have been taken from the JCG and are presented for illustrative purposes.

Special damages are awarded to compensate for related financial losses. Special damages are not automatically awarded if your claim is successful and you will need to present evidence of the loss.

Examples of financial losses which may be taken into account and evidence which could support a claim:

• Lost earnings, income and related workplace benefits. You could use payslips and bank statements to prove such losses.
• Medical expenses. You can use invoices to show the treatment you have had to pay for.
• Care in the home. Again, invoices may be used as proof.
• Travel expenses. Tickets for travel to medical appointments could be submitted.

Our team could help to assess medical misdiagnosis claims and work out what you may be entitled to claim.

Can Misdiagnosis Claims Be Paid Out Early If I’m Unable To Work?

In certain circumstances, part of your compensation payment may be paid out early to help meet emergency expenses. This is called an interim payment. Interim payments are not automatically awarded and will only be paid out in cases where there is a very high chance of the claim being successful and where the claimant has suffered a serious or severe injury.

An interim payment could be awarded in a stroke misdiagnosis claim. The person harmed may have suffered debilitating harm, causing disabilities. An interim payment may help to meet immediate medical costs or adaptations to your home.

How Do I Start A Claim For Misdiagnosis?

Understanding the claims process can help you have the confidence to start your claim. In this section we look at the evidence that could support you making a medical misdiagnosis compensation claim.

The following evidence could help you to claim compensation:

• Copy of your medical records highlighting both your initial diagnosis and treatment which caused you harm, as well as subsequent diagnosis and treatment received.
• Details of anyone who witnessed the medical care which caused you harm.
• Photographs of any visible harm.
• A diary with details of the impact your symptoms have had on you.

If you choose to make your medical misdiagnosis claim with one of our solicitors, they could help you to gather these and other forms of evidence.

What Is The Misdiagnosis Limitation Period?

Under the Limitation Act 1980, there are time limits in which medical misdiagnosis compensation claims must be started. Typically, this time limit is three years starting from the date on which medical negligence took place.

There are exceptions to this. In cases involving minors, the three-year time limit will not begin till they are eighteen. Similarly, there is no time limit to begin a claim where the claimant lacks the mental capacity to do so themselves.

Whilst the time limit is not in effect, you could claim on behalf of a minor or other person. To do so, you must be appointed as a litigation friend. Our team could offer advice and guidance on making a claim on behalf of someone else.

How Can Advice Help Me Claim For A Misdiagnosis?

Our medical misdiagnosis solicitors are experienced in helping people to make misdiagnosis claims and could help you. When you contact us, an advisor could assess your case. If you meet the eligibility criteria they could connect you to one of our No Win No Fee solicitors.

Working under a Conditional Fee Agreement, they could help you to claim without you paying any fees for their work in advance, during the claims process and if the claim fails.

If you win, your solicitor will deduct a small percentage of your compensation. This is called a success fee and this percentage is limited by law.

Contact Our No Win No Fee Solicitors

If you or a loved one has been harmed by medical misdiagnosis, a solicitor from Advice could help you. Contact an advisor today by:

• Talking to us about misdiagnosis claims live below.
• Calling an advisor on 0161 509 2856.
• Or, contact us online.

More Information

Helpful guides from our site.

• Learn how to claim for the misdiagnosis of head and neck cancer in this guide.
• Find out more about claiming compensation for an operation gone wrong.
• Find out when you could claim for harm caused by poor care in a hospital in this guide.
• Learn about ovarian cancer misdiagnosis claims
• Find out about bowel cancer misdiagnosis

References

• Find out more about patient rights and responsibilities in this NHS resource.
• You can find out about the duties of medical professionals registered with the General Medical Council in this resource.
• Check how to claim Statutory Sick Pay in this Government resource.

If you have any questions about how misdiagnosis claims work or how medical negligence solicitors could help you, please contact our team.