Misdiagnosis Claims FAQs

Do I have a misdiagnosis claim?

If you have suffered from a wrongful diagnosis then you may be able to make a claim for compensation, a lot will depend on the ability to prove that it was due to medical negligence and that this has led to further suffering and financial hardship as a result.

Below are some examples of claims that we have successfully dealt with:

  • failure to diagnose a fracture
  • late diagnosis of serious issues, including cancer
  • failure to spot illnesses such as meningitis
  • repeat visits to your GP dismissed, later to reveal a more serious underlying condition
  • misinterpreted blood tests or investigative surgery leading to incorrect diagnosis
  • Misdiagnosed heart attack or stroke

What types of medical misdiagnosis are there?

Misdiagnosis claims are a form of clinical negligence, which usually incorporates two main areas:

Medically misdiagnosed: This is where an incorrect diagnosis has been made, such as someone being told they are suffering from cancer when they are not.

Undiagnosed: This is where a condition goes completely undetected. A patient may have made repeat visits to their GP over a period of time, but the GP fails to diagnose any illness.

How to make a medical misdiagnosis claim

If you believe you or a member of your family has received poor treatment through wrongful diagnosis or late diagnosis, please get in touch as soon as possible as time limits may apply.

We will take the worry and hassle out of making a claim by following our misdiagnosis claims process:

  • We’ll organise an initial consultation at a place where you feel comfortable discussing the details of your case.
  • Having reviewed the evidence, one of our specialist medical solicitors will decide whether you have a legal claim. The funding options available will then be discussed, including our No Win, No Fee terms and conditions.
  • The next step is for us to contact those responsible for your medical negligence to find out if they will accept the blame. If they do, our aim is to secure a suitable compensation package to pay for any ongoing medical care or expenses incurred.
  • The settlement you receive will be based on the details of your case, including evidence gathered from independent medical professionals, who will assess the care you should have received and any care you may need in future.
  • If those responsible don’t accept liability or do not agree with the compensation settlement amount, court proceedings will start.
  • We always try to settle out of court, but even when a trial date is set, claims can be settled beforehand.
  • If a misdiagnosis claim does go to court, we’ll talk you through every step and make you feel as comfortable as possible with the process.

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

Starting from the date when your injury occurs – or the day when you are first aware the injury was a result of negligence – you usually have three years to make a misdiagnosis claim, as is the case with most medical negligence claims. When a child is involved, the three-year period begins on their 18th birthday and you have until they are 21 to make a claim. In cases where a fatality occurs, the time limit starts the day the victim passes away.

How do I choose a misdiagnosis legal specialist?

When it comes to misdiagnosis cases and medical negligence claims, it’s always important to see the person behind the case and understand the impact it has had on their life, both in the short and long term.

Sometimes the effect of medical misdiagnosis can impact upon a person, their family and loved ones for years after the event. It’s our job to understand how misdiagnosis has affected someone and secure the most suitable compensation package possible.

Having successfully conducted cases involving severe injury and death as a result of misdiagnosis, we are experienced in all aspects of this field. Our in-depth knowledge also extends to failed diagnosis cases or cases where drugs have been miss-prescribed. We have also dealt with incidents where failing to treat in a timely manner has resulted in unnecessary complications.

Our experts

Michelle Tebbutt

Solicitor, Clinical Negligence

Helena Wood

Team Supervisor and Chartered Legal Executive, Clinical Negligence

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