When you visit a medical professional, such as a GP, dentist, doctor or other practitioner, you are reliant on them to correctly diagnose you. Whether you have an illness or injury, it is important that a medical professional promptly and correctly diagnoses you so that you can get the correct medical care and treatment. Where healthcare professionals have negligently failed to provide patients with the correct diagnosis, they could make medical misdiagnosis claims.
In this guide, we look at when you could be eligible to claim for a misdiagnosis, and how you could have been given the wrong diagnosis. We then look at whether you could claim against a private healthcare provider and how long you have to make a misdiagnosis compensation claim. Finally, we look at the different forms of compensation you could be eligible to claim and how a No Win No Fee solicitor could help you.
Find out how our team could help you make a medical negligence claim by;
- Calling us now on 0800 652 3087
- Starting a claim online using our contact form.
- Or chat to an advisor using our live support feature below.
Jump To A Section
- What Is Medical Misdiagnosis?
- What Are Misdiagnosis Claims?
- How Could You Be Given A Wrong Diagnosis?
- Can You Make A Misdiagnosis Claim Against A Private Healthcare Provider?
- What Is The Time Limit For Misdiagnosis Claims?
- How Much Compensation For Misdiagnosis Claims?
- Why Use No Win No Fee Medical Negligence Solicitors?
- Read More About Making A Medical Negligence Claim
What Is Medical Misdiagnosis?
All healthcare professionals have a duty of care to their patients to provide them with the correct standard of care. When examining a patient, they have a duty to consider any reasonable cause of your illness or injury. They should take steps to confirm or exclude a potential diagnosis.
Misdiagnosis may occur when a medical professional provides their patient with an incorrect, delayed, or wrong diagnosis. The misdiagnosis of a condition may result in the wrong treatment being provided or no treatment being provided, causing the patient further harm.
For more information on medical negligence claims, please contact our team today.
What Are Misdiagnosis Claims?
Medical misdiagnosis claims are a type of compensation claim that is made due to a healthcare professional failing to provide the correct standard of care and resulting in your condition being misdiagnosed.
To be able to claim for a misdiagnosis, you must prove that medical negligence occurred:
- You must have been owed a duty of care by a medical professional.
- They will have breached this duty, e.g. they failed to consider all the symptoms you described to them.
- The breach has caused you avoidable harm.
We must note that there may be instances where a medical professional met their duty of care but still did not provide the correct diagnosis. For example, you failed to tell them all the symptoms you were experiencing. In such cases you may not be able to make a medical negligence claim.
To see if you have a valid case and how our medical negligence solicitors could help you please contact our team.
How Could You Be Given A Wrong Diagnosis?
Due to the wide variety of different medical procedures and methods of diagnosis, there are many potential causes of being given the wrong diagnosis. Medical professionals may not refer patients for further testing or examination, fail to properly examine a patient or test results may be misread to list a few.
Below, we look at some potential causes of being given the wrong diagnosis.
- A GP may fail to diagnose symptoms of cancer and not refer a patient for additional testing or examination. The failure to diagnose cancer could result in the patient either needing more invasive treatment or the cancer becoming untreatable.
- A doctor in a hospital does not correctly read test results leading to pneumonia misdiagnosis. If left untreated, this could lead to organ damage and, in some cases, be fatal.
- Scan results may be misinterpreted by a medical professional, resulting in a fracture being misdiagnosed as a sprain, leading the fracture to worsen.
- Sepsis misdiagnosis could occur when a doctor does not listen to a patient’s symptoms and does not take them into account. This could lead to delayed treatment or, in some cases, be fatal.
Contact our advisors today to discuss your case and receive free advice on the potential steps that could be taken to support medical misdiagnosis claims.
Can You Make A Misdiagnosis Claim Against A Private Healthcare Provider?
Private healthcare and private practitioners must adhere to the same standards as those in the NHS and have the same duty of care to provide their patients with the correct standard of care.
If they fail to meet this duty and this leads to a medical misdiagnosis where their patients suffer unnecessary harm, medical misdiagnosis claims could be made against them.
If you have suffered harm while under the care of a private healthcare provider, contact our advisors today to see whether you may have a valid medical negligence claim.
What Is The Time Limit For Misdiagnosis Claims?
There is a medical negligence time limit that all types of medical negligence claims, including misdiagnosis claims, but be started within. This is three years.
The three-year period begins either on the date that the misdiagnosis occurred or the date on which you became aware that medical negligence occurred, known as the date of knowledge. This time limit is set out in The Limitation Act 1980.
There are exceptions to this time limit. The apply to:
- Children. They are unable to begin their own claim until they become 18.
- People who do not have the mental capacity to manage their own claim. They will only be able to make their own claim if they regain this capacity. The time limit will run from this recovery date.
In both cases, where a claimant is unable to make their own claim, a litigation friend—a lawyer, guardian, or parent, for example — could make one on their behalf.
For more information regarding the medical negligence claims time limit, you can contact our advisors.
How Much Compensation For Misdiagnosis Claims?
Compensation for successful medical misdiagnosis claims could be made up of general and special damages.
- General damages are those awarded for the pain and suffering caused by the medical negligence.
- Special damages take account of any costs which you have had to pay due to the medical negligence.
Below, we use some of the entries from the Judicial College Guidelines (JCG) that may apply to misdiagnosis claims. The JCG lists various illnesses and injuries and assigns them guideline compensation brackets. Those calculating your claim for general damages may refer to this document for guidance alongside medical evidence such as your medical records.
Please only refer to this table as a guide and note that the top entry does not feature within the JCG.
| Harm | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple severe forms of harm with special damages | Severe | This includes compensation for multiple serious injuries and special damages. | Up to £500,000+ |
| Leg injury | Severe - B - i | These are the most serious form of injury short of the amputation of the leg. | £117,460 to £165,860 |
| Leg injury | Severe - B - ii | Very serious leg injuries which lead to permanent mobility problems. | £66,920 to £109,290 |
| Knee injury | Severe - A - ii | A fracture of the leg which extends into the knee. | £63,610 to £85,100 |
| Kidney injury | Loss of one kidney - C | Loss of one kidney. There is no damage to the other. | £37,550 to £54,760 |
| Neck injury | Moderate - B - i | Dislocation and fracture injuries to the neck. | £30,500 to £46,970 |
| Digestive system | A - ii damage from traumatic injury | Serious injury causing permanent or long standing complications. | £20,490 to £33,880 |
| Spleen injury | A - loss of spleen | There will be the risk of infection and disorders. | £25,380 to £32,090 |
| Elbow injuries | Minor to moderate - C | This could include injuries as diverse as tennis elbow and bone fractures. | Up to £15,370 |
| Wrist injuries | Recovery taking longer than 12 months - D | Recovery from a fracture or soft tissue taking over one year. | £7,420 to £12,630 |
Can You Claim For The Long Term Impact Of A Misdiagnosis?
As aforementioned, you could also be compensated for any expenses and costs you have had to pay due to the medical negligence under special damages. This could include, but is not limited to:
- Loss of earnings and other income, such as overtime, holiday pay or bonuses.
- The cost of medical treatment.
- Care costs, such as care in the home or a care facility.
- The cost of medication, such as prescription medication.
It is important to note that special damages are not always awarded in successful cases. This is why you should gather evidence of these financial costs to support your case. This could include invoices, receipts and wage slips.
Contact our team today for a free valuation of your case.
Why Use No Win No Fee Medical Negligence Solicitors?
Whether you are claiming for the misdiagnosis of cancer, a fracture or any other condition, one our our specialist solicitors could help you with your misdiagnosed compensation claim. They have years of experience and could help you with gathering evidence to support your case, submitting your claim within the time limit and negotiating your compensation settlement.
Additionally, our solicitors can work on medical misdiagnosis claims on a No Win No Fee basis. By offering you a Conditional Fee Agreement, they can begin working on your claim without you having to pay them an upfront fee. Additionally, you will not need to pay them for their services while the claim is in progress or if you are not awarded compensation due to the claim being unsuccessful.
If your claim is successful, you will pay a success fee. The percentage that will be taken from your compensation as this fee is limited by the law.
To see if you could make a misdiagnosis claim with one of our expert No Win No Fee solicitors, you can contact our advisory team to discuss your case:
- Call 0800 652 3087
- Bgin your claim online by using our contact form.
- Or you could talk to us using the live chat feature.
Read More About Making A Medical Negligence Claim
Below, we provide further guides on medical negligence claims:
- Our team could help you to make cancer misdiagnosis claims if a GP failed to diagnose your cancer.
- You can learn more about the medical negligence claim process in this guide.
- Learn how to claim for a missed fracture within this helpful guide.
External references:
- Learn about care after a hospital stay in this NHS resource.
- Guidance on receiving Statutory Sick Pay from Gov.UK.
- Learn about the professional duty of candour for doctors from the General Medical Council.
Thank you for reading our guide to misdiagnosis claims. For more information on how we could help you make a medical negligence claim, you can contact our advisors.
