Autism Misdiagnosis Claims

Autism Spectrum Disorder (ASD) is a complex developmental condition that affects people in numerous ways – depending on the severity and symptoms.

It’s important to remember that autism isn’t a disability or disease, but people with ASD are wired a little differently (hence the term neurodivergent).

As a spectrum condition, ASD manifests in various ways. While some people might have mild difficulties, others exhibit various behavioural symptoms.

Let’s take a look at them.

Some people with autism have problems understanding social cues and struggle to make eye contact, which is often misconstrued as rudeness. Due to their different communication methods, others might struggle to form relationships and make friends.

It’s common for individuals on the autism spectrum to face issues with communication, including not understanding tone of voice, conveying their feelings and understanding others. These symptoms can be mild and hardly noticeable, but severe cases might lead to mutism.

People with autism often prefer repetitive activities and routines instead of change. When unexpected changes happen, negative thinking patterns and behaviours can occur. Individuals with Level 3 autism might have meltdowns and outbursts of rage.

ASD also causes sensory issues, with many people reacting to light, smell, touch and noise. While some are hypersensitive, others might be undersensitive, leading to struggles with social interactions. When sensory overloads occur, they can have physical and mental reactions.

In the past, there were different types of autism, including classic autism, Asperger’s and pervasive developmental disorder. In 2013, the Diagnostic and Statistical Manual changed to represent the fact that autism is a spectrum, outlining three different levels of severity:

This category of autism is the least severe. Individuals might experience minor communication difficulties, struggle with anxiety and need time when adapting to social situations. Other symptoms include repetitive behaviours and some mental health difficulties.

Level 1 autism diagnoses are similar to Asperger’s, as most individuals are high-functioning but might need some support.

Level 2 autism is more severe than Level 1, with individuals often needing support to communicate, socialise and manage daily activities. Many people also have restrictive interests, which can seem obsessive in nature.

As the most severe category of autism, Level 3 conditions often cause a range of communication difficulties, with some people not communicating verbally at all.

Individuals with Level 3 ASD might have adverse reactions to change and engage in limiting behaviours. Most will need ongoing educational and social support and help to perform daily activities.

There’s no set timeline for an autism assessment, as each region experiences various waiting times. In most cases, children receive priority over adults, resulting in earlier diagnoses.

Generally speaking, an ASD diagnosis takes between a few months and over a year, but some areas will be busier than others. Many people decide to get a private diagnosis, but paying for an assessment might not be an option.

Individuals with ASD typically experience a range of symptoms that affect social interactions, behaviour and communication. While specialists can identify autistic traits by assessing a person’s history and symptoms, misdiagnoses can occur.

While many young autistic children receive an early diagnosis today, there were many misunderstandings about autism in the past. Unfortunately, this means that adults are receiving new diagnoses frequently after years of challenges.

Research published by The Lancet shows that children have a high rate of diagnosis in the UK, while adult rates remain low. Many children with ASD symptoms are identified at school, but educational institutions didn’t recognise autism as much in the 80s and 90s.

ASD shares traits with many mental health problems, which could lead to an incorrect diagnosis. While some specialists might diagnose autism when an individual has another disorder—or vice versa. The most common conditions that lead to confusion include:

• Obsessive Compulsive Disorder: OCD manifests in different ways, but the repetitive behaviours, compulsions and anxiety make it hard to differentiate from autistic traits.
• Anxiety Disorders: Some forms of anxiety, including social anxiety disorder, can seem similar to autism, but individuals with ASD struggle to understand social cues. People with social anxiety symptoms understand those cues but deal with high anxiety levels.
• Mood Disorders: Depression, bipolar disorder and even personality disorders can be confused as autism symptoms, as many people struggle with changing moods and depressive states.
• ADHD: ADHD can cause attention issues and lead to impulse control issues, but autistic people struggle with communication, social activities and repetitive behaviours.

Specialists should be able to refer to the diagnostic criteria and assess people based on their symptoms. So, if you receive an incorrect diagnosis, you could claim compensation.

There’s no recognised medical test for ASD, with specialists often relying on an individual’s history, behaviours, and symptoms. In the past, autism was regarded as a condition that primarily impacted males, leading to missed diagnoses in females.

Research shows that 1 in 100 boys and 1 in 500 girls were diagnosed in the 1990s, highlighting serious misunderstandings about autism prevalence.

Autism appears differently in females, with many being able to mask the traits. Unfortunately, this means many women who don’t display stereotypical autistic characteristics might be misdiagnosed with a personality disorder or other conditions.

When healthcare professionals fail to make the correct diagnosis, it can lead to a range of effects, including physical, emotional, mental and struggles with daily life. They include:

• Incorrect Medications: If autism is mistaken for a psychiatric condition, specialists will usually offer mood stabilisers, antidepressants and antipsychotics. All of these medicines can lead to side effects.
• Emotional Challenges: Failing to receive a diagnosis of autism can lead to emotional distress and isolation. In contrast, being misdiagnosed with autism instead of relevant psychiatric conditions might cause severe mental health difficulties, including eating disorders and dangerous behaviour.
• Poor Relationships: Many people who receive an incorrect diagnosis might withdraw and isolate themselves from all forms of social interaction and relationships.
• Missed Opportunities: An early diagnosis of ASD means children receive support throughout their adolescent years, preparing them for adulthood. Misdiagnosing autism means the person could miss out on building relationships or pursuing educational opportunities.

If you’d like to make a compensation claim for an autism misdiagnosis, the first step is to determine your eligibility. Calling 0800 234 6438 or filling out the online form gives you access to free legal advice.

If the specialist thinks you have a case, they’ll refer you to a no win no fee solicitor, who will fight for compensation on your behalf.

Conditional fee compensation solicitors don’t charge hourly rates, which means there are no upfront legal costs. Instead, they’ll only receive a fee if your case is successful.

Many people prefer these claims, as there are no financial risks, and the solicitor only takes on the case if they feel there’s a strong chance of success.

The amount of compensation you receive depends on numerous factors, including the degree of negligence and the impact misdiagnosis has on your life. It’s also essential to remember that all compensation claims are based on two elements: general and special damages.

1. General Damages: These damages refer to the misdiagnosis itself, along with any pain and suffering.
2. Special Damages: Any expenses associated with your misdiagnosis fall into the special damages category. These can include travel costs, care, medical bills, and more.

Because of the complexity of ASD misdiagnosis claims, it’s nearly impossible to say how much you’ll receive until your solicitor evaluates the case. It also depends on the effects of your misdiagnosis, such as mental health issues and other medical conditions.

Evidence is vital for compensation claims, as it outlines medical negligence and ensures the negligent party takes responsibility. Your no win no fee solicitor will gather evidence on your behalf, including:

• Medical Records: Your medical records provide clear evidence of your interactions with doctors and mental health professionals. These notes can be beneficial for overlooked females and individuals diagnosed with psychiatric conditions.
• Treatment plans: Your medical records will also highlight former treatment plans and their impact. For example, if you receive antipsychotics or any other form of medicine, the treatment plans will highlight this and detail whether they were effective.
• Witnesses: People who know you and can see the impact of your misdiagnosis can provide accounts of how it’s impacted your life. These can be beneficial if you didn’t receive a formal diagnosis of autism or were diagnosed with ASD instead of another condition.

Yes, parents can make a claim for a child under 18. These claims can be beneficial if your child needs extensive medical care or support with all aspects of daily life.

Claiming compensation on their behalf means giving your child the best possible support and ensuring their educational needs are met. Compensation can also benefit adolescents, as it enables them to receive counselling and ongoing support, making the transition to adulthood easier.

If you’re over 18 and can prove ASD negligence before this date, you’ll have up to three years to file a claim.

In most cases, you’ll have three years from the date of your diagnosis to make a compensation claim. There are some exceptions, including for children who claim after turning 18 and individuals with limited mental capacity.

It’s best to make a claim as soon as possible, as this gives your solicitor enough time to gather evidence and present your case to the negligent party. While some claims are relatively quick to settle, others might take more time for the following reasons:

• Both parties struggle to reach an agreement, leading to further negotiations.
• The case goes to court, which will take a lot longer to settle.
• Your solicitor needs to collect more evidence to prove negligence.

Filing your claim early means you’ll have plenty of time to receive the settlement you deserve.

The party responsible for handling a GP negligence claim depends on who was at fault. If your negligence occurred within the NHS, your case will typically be managed by NHS Resolution, a specialised body that handles claims against the health service.

If you believe negligence happened within a private healthcare setting, the process differs. In these instances, the healthcare provider’s insurance company is usually responsible for managing the claim.