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Medical Misdiagnosis Claims

Reviewed by

Peter Rigby - Director of Medical Negligence | Last updated on: 29th April, 2024

We've got your Medical Misdiagnosis Claim covered


Medical Misdiagnosis Claims

Medical misdiagnosis forms the basis of the largest percentage of medical negligence compensation claims. The annual report from NHS Resolution indicated that there has been an increase in the number of claims owing to delays, cancellations and misdiagnosis reflecting longer waiting lists. The consequences of misdiagnosis can be devastating and can lead to delays in patients receiving the treatment they require.

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WHAT IS A MISDIAGNOSIS CLAIM?

 

A medical misdiagnosis can occur if your GP or another health professional provides you with an inaccurate or delayed diagnosis.

 

Whilst diagnosis may be difficult in some circumstances, a treating clinician has a duty to consider all reasonable causes for your condition and to take steps to exclude or confirm any potential diagnosis. Some conditions may have similar signs or symptoms and in those circumstances a “differential” diagnosis would be appropriate. We have a unique understanding of this area as we’ve had years of experience in dealing with all the different aspects of misdiagnosis claims and medical negligence.

 

WHAT ARE THE DIFFERENT TYPES OF MEDICAL MISDIAGNOSIS CLAIMS?

 

We have handled many different medical misdiagnosis compensation claims, including:

 

 

Misdiagnosis can occur in many different forms but some of the most common that we see are:

 

  • A serious illness is allowed to progress unchecked or without being correctly identified

 

  • Wrong medication is prescribed due to the misdiagnosis of the condition. This could result in a worsening or prolonging of your ailment

 

  • Test results are misinterpreted or not properly assessed

 

  • Inadequate consideration is given to alternative or differential diagnoses

 

  • Your treatment is delayed because of misdiagnosis so your condition gets worse

 

  • Misdiagnosis in pregnancy related cases can result in damage to the mother and to the unborn baby particularly in relation to a failure to recognise early signs of infection

 

  • A failure in diagnosing a fracture

For example, it could be that your fracture was missed during an X-ray or MRI, or that there was a failure in conducting adequate tests and investigations. A fracture misdiagnosis or delayed diagnosis could negatively impact the outcome of your treatment, increase recovery time, and in some circumstances lead to serious complications. Our client was awarded £17,500 by his NHS Trust after they failed to identify a stress fracture.

 

CLAIMING CANCER MISDIAGNOSIS COMPENSATION 

 

Cancer misdiagnosis can be detrimental to a person’s wellbeing, particularly if the total misdiagnosis or delayed diagnosis impacts your long-term health or leads to additional medical costs.

 

This is a specialist claim type that requires dedicated legal expertise. Our solicitors are experts in medical negligence and have handled many cancer misdiagnosis claims successfully. Because of the complex nature of diagnosing a disease such as cancer, misdiagnosis or delayed diagnosis can unfortunately happen.

 

If there has been a delayed or missed diagnosis, then this can result in cancer progressing with a limitation of the available treatment options. In such cases, we can help to determine when cancer should have been diagnosed and how this affected your outcome to your detriment.

 

WHAT COMMON CONDITIONS ARE MISDIAGNOSED ON THE NHS?

 

Many common conditions can be diagnosed incorrectly. This is because the symptoms of cancer and other conditions can mimic the symptoms of different diseases. This is particularly common during initial visits to the GP when symptoms are in their early stages. These conditions can include but are not limited to:

 

  • Pancreatic cancer misdiagnosed as gallstones

 

  • Ovarian cancer misdiagnosed as cysts

 

  • Lymphoma misdiagnosed as various other illnesses

 

 

  • Skeletal injury being treated as muscular pain

 

 

 

HOW TO MAKE A MEDICAL MISDIAGNOSIS CLAIM

 

We know how stressful and consuming a legal claim can be and that’s why we’re here to take that stress away from you, and deal with your claim in a smooth and efficient manner. Our expert legal team will not only fight for justice for you, but will also be on hand to offer advice and support throughout your case – whether that be related to your claim, recovery and rehabilitation needs, or just to answer any questions you may have.

To start your claim, contact our specialist team and they will discuss your case with you.

 

NO WIN NO FEE MEDICAL MISDIAGNOSIS CLAIMS

 

If you suffer a misdiagnosis, we don’t want you to worry about the expense of legal fees. No matter the claim, we always adopt a ‘No Win No Fee’ approach with misdiagnosis being no exception.

 

If your claim is accepted, our expert legal team will fight for your case because we believe everyone has the right to fair legal representation.

 

If the case is successful, we will retain a small percentage in accordance with our upfront agreement with you at the start of your claim.

 

EXAMPLES OF MISDIAGNOSIS CASES

 

Medical Negligence solicitor, Rebecca Dawson, recently settled a serious degenerative spinal injury misdiagnosis case.

 

The client, who suffered many years of incontinence and leg spasms, was told by his local NHS Trust that his symptoms were inconclusive, and that he wouldn’t be given an MRI because the neurologist believed he had restless leg syndrome.

 

But for the persistence of Rebecca and her team, the client would now be entirely wheelchair dependent. Despite the Trust failing to admit negligence, overwhelming medical evidence seen at a hearing meant that over £1 million, as part of a misdiagnosis compensation package, was awarded.

 

In January 2008, another client was diagnosed with progressive transformation of germinal centres (“PTGC”).

 

On second viewing, there had been a negligent failure to correctly diagnose and treat our client, causing injury and loss. Treatment was not given in 2008, and the disease transformed into an aggressive B-cell Non-Hodgkin’s Lymphoma.

 

“If our client had been correctly diagnosed with nodular lymphocyte predominant Hodgkin’s lymphoma in 2008, he would have been treated with involved field radiotherapy, possibly with the addition of two cycles of chemotherapy.”

Patient Claim Line’s Daniel Finney

 

WHAT DO OUR CLIENTS SAY? 

 

“I have been extremely happy with my solicitor dealing with my case. Right from the outset I have felt that he understood how upset I was and the traumatic experience I had gone through.” 

 

Mrs. Angela Jane Passey

 

“I feel very understood and very helped. I feel there has been no judgments towards me. They always emailed me back quickly and professionally. I find the services very helpful.”

 

Miss Jamie-Leigh Mackintosh

 

“Amy was so helpful and understanding, she kept me informed and included me in all the decisions. It has been easy and effortless; I feel I have been looked after and a brilliant outcome. I would definitely recommend your company.”

 

Ms. Julie Allyson Bell

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Why Choose Patient Claim Line for your Medical Misdiagnosis Claim?


Not just lawyers — medical negligence experts

Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.

At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.

It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.


Frequently asked questions about Medical Misdiagnosis Claims

Our expert legal team answer your questions about making a Medical Misdiagnosis Claim

Although medical misdiagnosis compensation settlements vary, the mitigating factors will generally include:

  • Out-of-pocket expenses
  • Loss of earnings
  • Potential future treatment costs
  • Compensation for injuries, both physical and mental taking into consideration the impact the misdiagnosis has on your day-to-day life
  • When it comes to understanding how much compensation you could receive, we appreciate just how easy it is to get lost in a sea of research. This is why our legal experts will always be transparent and upfront about how your settlement figure will be calculated.

Simply put, a medical misdiagnosis can have a long-lasting effect on not just your life, but the lives of those you love too. The effects will vary depending on the type of illness or injury you experience. However, no matter the situation, your feelings and experiences are valid. As solicitors specialising in medical misdiagnosis, we understand the difficulties you’re facing. If you have suffered a misdiagnosis, your current condition may worsen because you have not received the treatment or correct advice when you needed it. In addition to this, your condition may be difficult for others to see, which can mean that those around you are not as understanding; especially if your misdiagnosis is for your mental health. Rest assured, we represent many clients where they have been able to turn things around and build a brighter future. Our best advice is to contact us today to hear how we can support you.

Misdiagnosis claims are on the rise, and they can be brought against both NHS health professionals and private ones. Doctors, dentists, opticians; they all count.

With an NHS misdiagnosis, we will not treat this claim any differently than if we were representing a client against a private defendant.

This means that no matter the type of misdiagnosis you experience, be that a cancer misdiagnosis, a delay for treatment, or otherwise, you will receive the same expert approach from our specialist misdiagnosis claims lawyers.


Meet our Medical Misdiagnosis Team

  • Peter Rigby

    Director of Medical Negligence

  • Sion Wynne

    Senior Solicitor

  • Darren Tamplin-Compton

    Senior Solicitor

  • Peter Daly

    Solicitor


  • Case Study

    Robert's Story

    "You couldn’t ask for a better team"

    After his symptoms were misdiagnosed, Robert suffered a stroke affecting the left side of his body. He was in hospital for five weeks and had to attend physiotherapy for six months as part of his recovery.

    Our team secured a substantial compensation, which took into consideration the physical and mental impact of Robert’s misdiagnosis on him and his family.

    This enabled Robert’s wife to give up work as well as buy a bungalow together, making it easier for Robert, with his mobility problems. Robert is looking forward to going back to the music concerts and car shows he used to enjoy, as well as spending more time with family.