Delayed Diagnosis
Can you sue the NHS for delay in treatment?
You may be able to claim compensation if a delay in the diagnosis of your medical condition has caused you harm. Our expert lawyers can help you understand your rights.
Call 020 7485 8811 today.
“Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.”
“The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.”
Delayed diagnosis claims & compensation
The NHS is under pressure and, unfortunately, this has led to increased waiting times and delays in the diagnosis of serious illnesses like cancer. While guidelines are in place to ensure that suspected serious conditions are investigated promptly, sometimes things go wrong. For patients, finding out that their health outcomes may be worse as a result of a delayed diagnosis can be difficult to come to terms with.
As specialist medical negligence solicitors, we are very experienced in dealing with these types of claims. Our top-ranked team has secured significant compensation for clients who have suffered due to delayed diagnosis, including helping those affected by fast-progressing conditions like cancer, heart disease and pregnancy-related complications.
This page can help you understand:
- The effects of a late diagnosis and how it can affect your life.
- If you might be eligible to make a claim for compensation.
- How we handle claims and gather evidence to support your case.
- What compensation you could receive and how we determine the amount.
What is a delayed diagnosis?
A delayed diagnosis occurs when you learn that an illness or injury could have been diagnosed earlier, had the proper action been taken by a medical professional. This may mean you are a victim of:
- Failure to conduct proper tests or investigations
- Failure to refer you for further testing
- Delays in receiving test results
- Misinterpretation of test results
- Not following up on abnormal results or symptoms
- Failure to follow medical guidelines or protocols
- Miscommunication between health professionals
- Being ‘lost in the system’, where you are not advised of appointments you need to attend
What are the effects of a delayed diagnosis?
Early detection of an illness or injury almost always leads to a better outcome. Taking bowel cancer as an example, prompt diagnosis through screening provides for a survival rate of approximately 98%, compared to only 44% when diagnosed later through referral or emergency presentation. Less-invasive treatments are often available when the diagnosis is made early, and the chances of a full recovery are often higher.
In some cases, delayed diagnosis can lead to serious consequences such as:
- Needing additional or more risky surgeries
- Longer hospital stays and rehabilitation
- Additional healing time and lost income due to lack of work
- Development of secondary health problems
- The advancement of cancer from an early stage to a more severe stage, or its spread to other parts of the body
- Increased risk to life if serious infections such as sepsis or meningitis are not promptly identified and treated
- Potential for permanent paralysis, for example, in cases where stroke symptoms are not addressed quickly enough.
- Long-lasting effects on mental health, including conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Every delayed diagnosis can lead to a wide range of consequences, and no two cases are the same. Our lawyers take these claims very seriously. We work hard to help our clients secure the compensation, and answers, they deserve.
Am I eligible to make a delayed diagnosis claim?
Not all cases of delayed diagnosis will lead to a successful compensation claim. To have grounds for a claim, you will need to prove that:
- Your doctor or healthcare professional failed in their duty to provide an acceptable standard of medical care.
- This breach of duty caused harm or aggravated an existing condition.
- That harm could have been avoided had the proper steps been taken.
This may sound straightforward. However, some illnesses are extremely difficult to diagnose and it may not be immediately apparent that a mistake has been made. The tremors associated with Parkinson’s Disease can easily be mistaken as a symptom of old age, for example, and heart attacks can be mistaken for indigestion at their onset.
The test is not whether the medical professional objectively missed the signs of a serious medical condition or injury, but whether they failed to do what a competent healthcare professional would have done when presented with similar symptoms.
To prove this, we review your medical records, independent medical evidence, and the medical protocols that were in place at the time of your treatment, among other evidence.
How much compensation can I expect for a delayed diagnosis claim?
The impact of a delayed diagnosis will vary from person to person. When we handle your case, we will collect all the necessary evidence to ensure you get the full compensation you deserve, including an expert assessment of your prognosis and long-term care needs.
Compensation is there to help ease the challenges you face and support your recovery where possible. The funds you receive can cover a variety of costs, such as:
- Private medical treatment
- Rehabilitation expenses
- Accessing palliative care, especially for conditions like terminal cancer
- Replacing lost income
- Making necessary changes to your home or car for accessibility
- Traveling to additional medical appointments
- Purchasing essential equipment like walking aids or breathing aids
- Addressing the pain and emotional impact of your delayed diagnosis
Why work with Osbornes?
You have just one chance to make a claim, so securing the highest quality legal representation is crucial. Clients choose us for their delayed diagnosis claims because:
- We are top-rated in legal directors and Trustpilot for our professional and understanding service.
- We have qualified medical practitioners on our team with insider knowledge of NHS procedures.
- We are members of the Action Against Medical Accidents and the Law Society’s panel for medical negligence solicitors, which ensures that the highest standards of legal practice are met.
- We have years of experience handling a wide range of delayed diagnosis cases, and we have won significant settlements for our clients.
When you contact us, a member of our team will listen to your story and assess whether you have grounds for a delayed diagnosis claim. If we believe you do, we’ll offer legal advice about what steps you can take next with no obligation to work with us.
If you choose to move forward with a claim, our no-win, no-fee agreement means you don’t have to pay any fees until your case is won. We take the financial risk for you so that you can focus on your recovery.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Related claims
Delayed Diagnosis FAQs
How long must you wait until a diagnosis is "delayed"?
Medical professionals use specific guidelines to determine the urgency of referrals and specialist appointments. NHS guidelines say that patients referred for suspected cancer should have a diagnosis confirmed or ruled out within 28 days, for example. For special cases, such as suspected leukemia, referrals may need to happen within hours or days due to severity of symptoms.
Current guidelines and best practices vary based on the condition. These documents and some of the first things we will look at when evaluating your case.
Who do I sue for delayed diagnosis?
When you make a delayed diagnosis claim, you are suing the NHS or the private medical provider responsible for your care. This may be a specific private clinician or the institution where you received treatment. Our team will thoroughly investigate and determine who is at fault in your case.
How do I prove a delayed diagnosis claim?
When you start a claim with us, we will ask you detailed questions to work out what happened and determine if you have a valid claim. If you do, your solicitor will review your medical records and conduct a thorough investigation. We may consult independent medical experts to evaluate your case and provide a professional opinion on whether there was a breach of duty that caused harm.
You don’t have to worry about proving anything yourself—your solicitor will handle everything, and you can put your trust in them.
What if I need support during the process?
We know the idea of taking legal action can feel overwhelming, but we are here to make things as straightforward as possible. If you feel unable to manage the process alone, you can appoint a “litigation friend.” This person — often a family member — can help you through the claim alongside us. We will work closely with your litigation friend, keeping them informed and ensuring they understand your needs.
How long do I have to make a delayed diagnosis claim?
You have three years to make a claim. The time runs from the date you learn about the delayed diagnosis or when you became aware that the delay caused harm. However, there are exceptions, particularly for children or individuals unable to make legal decisions. It’s best to consult with us as soon as possible to clarify your specific situation.
Speak to us about a Delayed Diagnosis Claim
Call us 020 7485 8811
For all new enquiries, please submit your details via the contact forms on our website. This will ensure your query reaches the right team and is handled promptly.
He also has a niche specialism in claims involving cauda equina syndrome.
Elline Demetriou is building a strong practice as a clinical negligence solicitor, handling a wide variety of cases including delayed diagnosis, surgical negligence and birth injuries.
Elline is always a pleasure to work with and always on top of complex cases.
Elline is a gifted lawyer and possesses a powerful combination of legal and medical skills, being tactically astute and having strong client care skills.
Elline is a delightful to work with and super reliable; you know she'll do a perfect job.
She advises on spinal injury claims.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment.
Jodi is passionate and balances that with the ability to see the right way to run a case from her first involvement.
Jodi is very knowledgeable, gets outstanding results for her clients, and is always available when assistance is required.
Jodi is an absolute star.
Hugh has particular strength handling issues of causation and informed consent.
Hugh Johnson advises on claims regarding failures to diagnose and manage spinal injuries, as well as failings in psychiatric care.
He thinks outside the box and is always thinking a step ahead of his opponent.
Hugh is utterly charming, highly empathetic and a first rate lawyer. He always comes in with good observations.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
The team has particular expertise in cases stemming from delays in diagnosis as well as surgical injury and wrongful birth claims.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
They are a very tight team. They're very friendly, helpful and obtain excellent results for clients.
A quality firm of solicitors with excellence at all levels of the team.
They know the law inside out and proactively work with counsel to drive cases forward. They are a go-to for complex claims.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Josie Robinson brings 20 years of experience to the team, with specialist insight into pelvic mesh claims and maternal death cases.
Elline Demetriou supports the team on catastrophic injury cases and has a growing caseload in maternity and care home negligence.
Elline Demetriou is an up and coming associate. She is thorough and empathetic, with great client care skills.
Nicholas Leahy leads the firm’s inquests work and has developed a specialism in stillbirth and surgical fatality claims.
Nicholas Leahy is a very impressive associate. He is sharp and gets to the crux of the case quickly.
Jodi Newton is a fierce advocate for her clients and a very genuine person. She cares about each case.
Jodi Newton is fantastic. She's detail orientated and a really capable head of birth and paediatric negligence. She's a joy to work with.
Jodi Newton is particularly noted for her work on cerebral palsy and maternal injury claims.
Osbornes handles a wide range of high-value and complex clinical negligence cases, with particular expertise in birth injury, delayed cancer diagnosis, spinal injury, and fatal claims.
I am always happy to get instructions from Osbornes. They have excellent quality work, the team knows exactly what they are doing and are a real pleasure to work with. Excellent legal knowledge.
The team has excellent leadership and provide an above and beyond service for their clients.
A close knit team with excellent knowledge and technical acumen across the board.
You get a real sense that they care about clients and each other, working together to get the best results.
The team works very well together as they are genuinely kind and friendly people.
Hugh's technical knowledge is superb.
He is excellent with very complex cases and their nuances.
I am very confident with Hugh representing me and always value his expertise and advice. He's always many steps ahead.
He is a master tactician and so on the ball; not a single thing goes under his radar. He really understands the medical side and is always thinking about how to achieve the best outcome for clients.
Hugh Johnson is fiendishly intelligent, with a laser sharp focus on the issues that matter.
Josie Robinson- very experienced, caring and professional. Excellent.
Elline Demetriou is one to watch for the future. She is determined and thoughtful, with a real dedication to her clients.
She is very tough, a real fighter, and drives a hard bargain for her clients. She has good judgment, and a good sense of the strengths and weaknesses of a case.
Jodi Newton is a passionate, hard-working and committed partner. She is excellent with clients, and gives absolutely 100% to all of her cases.
Nicholas Leahy - understands client needs very well, very responsive and proactive.
Jodi is very experienced and knowledgeable
It is a pleasure to work with Jodi. She has an excellent understanding of the issues and provides a good service.
Osbornes are always professional and diligent in respect of their clients.
Osbornes has an excellent depth of experience across the team.
Across the board, they are all a pleasure to work with. They always keep a pragmatic head and all have an eye on the best outcome for the client.
Jodi Newton - very hands on, gives every case her heart and soul
Jodi Newton is rapidly becoming the go-to partner for cerebral palsy cases. She has the determination to fight for her clients and is involved in some of the biggest cases at the moment.
Nicholas Leahy is a very safe pair of hands and really compassionate with clients. I expect great things from him in future.
Small but very effective and experienced team so every client benefits from the personal touch but also highly skilled litigation know-how. Capability of the team means they can handle all aspects of very complex cases as well as straightforward matters.
Ben Posford typically operates in the team’s spinal cord and cauda equina syndrome litigation.
Jodi Newton holds over 20 years of experience in birth and surgical injury cases, including those pertaining to cerebral palsy, negligent treatment of sepsis, and negligent A&E treatment.
The team frequently represents claimants in complex cognitive and spinal injury disputes, involving hypertensions, spinal fractures, as well as inadequate treatment of heart and blood diseases.
The team handles a host of complex maternal claims, including cognitive injuries as a result of delayed birth treatments, cerebral palsy, and vaginal mesh litigation.
Josie Robinson is fantastic with clients, very commercial and hugely experienced. Opponents respect her and she gets great results.
Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Jodi is really tenacious; she demands the best results and manages to secure them. She's got real drive and energy.
Jodi is passionate about what she does and is a good lawyer.
Jodi is very astute and compassionate.
Jodi Newton is passionate about her work and is a really creative lawyer, always trying to find practical and innovative solutions to problems encountered.
Jodi Newton is knowledgeable and well regarded.
Jodi Newton has specific expertise regarding birth negligence cases, including those which involve cerebral palsy and Erb’s palsy injuries.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
Jodi Newton acts for clients on claims arising from negligent obstetric care, sepsis and delays in diagnosis and treatment. She also advises on spinal injury claims.
"She is really wonderful in sensitively handling clients in extreme situations and is a real fighter."
"Jodi Newton is approachable and always has the client's best interest at heart."
‘They are ambitious for their clients and expect high standards from all who work with them.’
"Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."
"I’ve been hugely impressed by Jodi Newton – she’s truly passionate about her cases and her clients, a real fighter and a star in the making."
"Jodi Newton has carved out a niche specialism in cerebral palsy and serious claims arising out of childbirth. She is so committed to her clients and their claims that she always gains and deserves their respect. A true specialist."
"Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."
"Ben Posford’s particular expertise in this area focuses upon cauda equina claims, of which he is an undisputed powerhouse."
"Jodi Newton is a tenacious and intelligent fee earner. She fights tooth and nail for her clients and gains their trust and respect from the outset."
"Nicholas Leahy works extremely hard and understands the commercial sensitivities of clinical negligence litigation."
"Her persistence, perspicacity, determination and efficiency are simply outstanding, as are her legal, analytical and negotiating skills."
They are an excellent firm who achieve fantastic outcomes for their clients. They are also very prominent in injuries to those travelling to or from Europe. Multiple languages are spoken by the team.
This firm is responsive and efficient. Their rapidity in dealing with complications or hiccups is excellent.
Jodi Newton is brilliant – a very capable, experienced and empathetic solicitor who has experience of handling high value and complicated cases. I am working with her on a cerebral palsy case at the moment, in which she has obtained an admission of liability and a substantial interim payment. A first class addition to the team.
Really great clinical negligence practice, staffed by experienced practitioners who know how NHS Trusts work. They also build great rapport with clients.’
The team at Osbornes was recently strengthened by the arrival of 'experienced and empathetic' associate Jodi Newton. She joins a department noted for its expertise in delayed diagnosis and wrongful birth claims.
A stand-out solicitor with a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
Excellent service from Osbornes throughout on a difficult clinical negligence claim. Nicholas Leahy who handled the claim was responsive and professional throughout, while also providing pragmatic advice and clear drafting.
Working with Osbornes Law was the best decision I could have made. Nick was really attentive to my issue and did a very thorough job. He truly made the process headache free! Highly recommend them.
Nick Leahy has been my Solicitor throughout this journey and has been absolutely amazing; kind, approachable and extremely supportive... Through some dogged determination by Nick we achieved our goal without having to go to trial. I cannot thank Nick, Stephanie and all of the team at Osbornes highly enough for achieving a very favourable settlement, the outcome of which will make a huge difference to myself and my family.
“The stand-out solicitor is Jodi Newton, who has a huge track record of successful clinical negligence work. She is forensic in her attention to detail, but also sees the broad sweep of strategic considerations”.
"An excellent firm which achieves fantastic outcomes for clients."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Offers specialist expertise in cauda equina syndrome cases."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
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