Misdiagnosis Claims
Does your claim qualify? Get free, no obligation advice!
Medical misdiagnosis is a serious issue in the UK, wreaking havoc and causing unnecessary physical and psychological harm due to medical negligence.
The long-term effects on your health can be devastating, but there is a way to recover your financial losses and hold responsible medical professionals accountable.
We understand that making a medical misdiagnosis claim can feel daunting, but with the right support, it doesn’t have to be. By calling 0800 234 6438 or filling out our simple online form, you can access free legal advice.
A specialist will review your case and, if you’re eligible, connect you with a no-win-no-fee solicitor who will guide you every step of the way to get the compensation you deserve.
In general, there are two medical misdiagnosis claims:
GPs, NHS specialists and private hospitals can all be responsible for missed or late diagnoses. For example, if your GP doesn’t refer you to a specialist or the hospital fails to interpret your test results correctly, these are examples of medical negligence.
The NHS treats the equivalent of 243 million patients per year, so it is not surprising that mistakes sometimes occur. In statistical terms, the number of claims made against the NHS is relatively small – a mere 0.007% – but each individual case can have a huge impact upon the life of the person involved and of their friends and family.
NHS Resolution is the part of the NHS which deals with claims made against it for negligence. The latest figures, published in July 2019, reveal that the NHS paid out £2.2 billion in the year spanning 2018/19 as a result of harm suffered by patients, a similar number to the previous year.
Other figures, released by NHS Resolution following a Freedom of Information request, broke the compensation down into the amounts which were specifically awarded for medical misdiagnoses during 2017/18.
These figures showed that the number of claims for a failed, delayed or wrong diagnosis during the course of the year was 1,357, and that the amount of damages paid in respect to these claims was £192,488,220.
Elsewhere, the figures also revealed that the NHS Trust with the highest compensation paid over the three years up to 2017/18 was Lewisham & Greenwich NHS Trust, which paid £24,568,884 to settle 33 claims.
These figures should not be taken as any kind of a guide as to the average or expected pay-out, since every case in unique. What they do underline, however, is the fact that mistakes of this kind can clearly, at their worst, have a devastating effect leaving victims in need of compensation for the rest of their lives.
Medical misdiagnosis tends to fall into distinct categories: while some experts fail to diagnose a condition, others might issue a late diagnosis. The most common medical negligence claims include:
No matter what the nature of your illness, mistakes of this kind could prove disastrous, significantly increasing the pain and discomfort you suffer, prolonging the period it takes to recover and, in some cases, making the difference between life and death.
The very act of seeking medical help and advice when you’re feeling ill is something which creates a feeling of vulnerability. If we’re honest, most of us are fairly ignorant about the precise workings of our own bodies or about the conditions which might afflict us.
This lack of knowledge means that we place our trust, our future health and even our lives into the hands of the medical practitioners we speak to.
In the vast majority of cases, this trust is well placed and the medical staff we deal with do an excellent job and perform to the kind of high standards we’ve come to expect.
Sometimes, however, things can go wrong, and when a mistake is made which leads to your illness being misdiagnosed then the effects can be devastating.
If you’ve been misdiagnosed or received a late diagnosis, the first thing to do is take care of your health. However, making a medical negligence claim can help you secure compensation and ensure the same doesn’t happen to other patients.
Calling 0800 234 6438 or filling out the online form gives you access to a legal specialist who will assess your claim and connect you with a personal injury solicitor. They’ll argue your case and try to secure medical misdiagnosis compensation.
If you’ve been misdiagnosed, you may be able to make a claim for compensation. A successful claim will depend upon being able to demonstrate that you were misdiagnosed due to negligence and that this negligence resulted in injury, suffering, and financial hardship on your part.
Claims of this type are amongst the most complicated due to the nature of the evidence. In order to successfully pursue a claim, it must be demonstrated that the treatment received fell below the level which might reasonably have been expected and that this failure caused you harm.
Other types of claims, such as those involving car accidents, are often fairly straightforward in nature and frequently settled without recourse to a court, while medical negligence involves arguing highly complex matters with experts in the field.
In years past, the test used in a court to determine whether negligence had occurred was called the Bolam test. It took the form of a legal definition of negligence stating that a medical practitioner had been negligent if their treatment was below the standard reasonably expected of someone working in their field.
More recently, this definition has been widened slightly to include cases in which the patient couldn’t give informed consent for a course of treatment because the practitioner involved had not provided them with all of the necessary information, such as the risks presented by the treatment.
Although the basic principles are the same whether you were treated in a private practice or the NHS, the NHS does have a written constitution that sets out your rights when something goes wrong.
These rights include:
No matter what the details of your case are, any claim is more likely to be successful if it is launched as quickly as possible after the misdiagnosis. NHS Resolution pledges to deal with complaints within 12 months, but if the practitioner denies liability, a court case could take much longer.
In some cases, the practitioner might admit negligence but contest the extent of the injury caused. If this happens, an interim payment might be made to maintain your standard of living and quality of life whilst medical experts on both sides argue the precise nature of your injuries.
The process for making a medical misdiagnosis compensation claim depends on whether you’re claiming against the NHS or private medical practices.
Building a claim against a private medical practice will involve bringing together all available records of your treatment and having your current state evaluated by a qualified practitioner.
If this assessment concludes that you have been the victim of negligence, your solicitor will begin building a case, basing it on the treatment you received and the effect this had had on your life as a whole.
The practitioner involved will then be informed by a ‘Letter of Claim’ that you intend to make a compensation claim. Under the UK ‘Court Rules’ they have 4 months to reply to this letter. This reply will be an admission of negligence and an offer of compensation or a denial of responsibility.
In the event of a denial or a compensation offer that is too low, your solicitor may then begin preparing to fight a court case.
That’s why it’s vital that if you feel you’ve been misdiagnosed, you contact medical negligence solicitor as soon as possible. If you call a trained legal adviser, then they will listen to the details of your case and advise you on whether they honestly feel there are grounds for a claim. If you wish to proceed, they can then pass you on to a solicitor who will work on a no win no fee* basis, so you don’t have to take a financial risk to launch a claim.
NHS patients have the right to seek compensation for any injuries they receive due to medical negligence. However, the process involves seeking support from a specialist solicitor who’s experienced in handling these claims.
The NHS Resolution Service handles these claims, and they’ll assess your eligibility based on the evidence you provide.
While some people choose to initiate the process alone, making a medical misdiagnosis claim involves collecting evidence and being able to argue your case throughout the process. That’s why it’s best to seek free legal advice on 0800 234 6438 and discuss your case.
The specialist will connect you with a no-win, no-fee solicitor experienced in dealing with the NHS.
If your specialist failed to diagnose a serious illness or missed your illness altogether, you have every right to make a medical misdiagnosis claim. Speaking to a legal advice service for free helps you determine your eligibility and hold the hospital or healthcare professional responsible.
Please call 0800 234 6438 or complete the online form and begin your claim.
The compensation you receive for an incorrect or delayed diagnosis depends on the extent of your injuries and whether you’re claiming through the NHS or a private medical practice. All claims have two categories:
Most claims against NHS hospitals or medical practices go through the NHS Resolution services, and specialists there will assess your case and decide whether to offer compensation.
Most late or misdiagnosis claims against the NHS are settled without going to court, but your solicitor will support you if this happens.
All medical misdiagnosis claims differ, and your compensation depends on numerous factors. However, the following amounts are from case studies of previous injuries. They’ll give you an idea of potential payouts from NHS and private hospitals:
| Injury | Potential Compensation |
|---|---|
| Average cancer misdiagnosis payouts | Between £60,000 and £90,000 |
| Cancer misdiagnosis that causes injuries to kidneys | Between £169,400 and £210,400 |
| Cancer misdiagnosis that results in severe brain damage | Between £282,010 and £403,990 |
| Muscle and tendon injuries due to late or missed diagnoses | Between £15,000 and £45,000 |
| Sepsis – from moderate to severe damage | Between £1,940 and £354,260 |
| Delayed or missed meningitis diagnosis resulting in brain injuries or hearing loss | Between £2,070 and £379,100 |
| Delayed or missed meningitis resulting in amputations | Between £90,250 and £281,520 |
| Missed or delayed diabetes claims that cause severe damage | Between £91,950 and £197,480 |
Research published by the Independent highlights that specialists misdiagnose women more than men—especially when it comes to strokes and heart attacks. Statistics from NHS Resolution confirm that between 2017 and 2021, there were 8,718 claims due to wrong or delayed diagnoses.
We also have to factor in the number of delayed or missed diagnoses that might occur – even if people don’t make a claim. The potential numbers could be much higher.
Whether it’s cancer misdiagnosis, meningitis misdiagnosis or anything else, these claims can take a while to settle, and traditional solicitors charge upfront fees—which are usually hourly. Working with a no-win no-fee solicitor has zero financial risks, as you won’t pay a thing unless they win compensation.
If your claim is successful, the solicitor will deduct their fee from the award, and you’ll receive the rest of the money.
It also has to be accepted that mistakes of this kind can have a direct financial effect on the victim of negligence. Any illness may lead to you having to take time off work and thus lose money in terms of wages. Any calculation of compensation will take this into account, along with any other expenses, such as medical bills.
Launching a claim against the NHS or a private clinic may seem daunting, and it would only be honest to admit that there’s nothing simple about such claims.
The aim of the no win no fee system, however, is to open justice up to everyone irrespective of their income, and if you’ve suffered in this way, you should have the opportunity to seek redress.
Doing so on your own may seem like a step too far, but doing it with our help will ensure that, however long it takes, justice is done.
Yes, they will. When you make a misdiagnosis claim on a no win no fee basis, the solicitor will support you throughout the process, including gathering evidence such as medical records and negotiating with the negligent party.
If the case goes to court, they’ll continue representing you and ensuring you can claim compensation.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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