Misdiagnosis Claims

Every day, tens of thousands of people consult a GP, nurse, surgeon, midwife or other medical professional about their health concerns. The overwhelming majority of these consultations result in a correct diagnosis and treatment plan. But in some cases, medical professionals fail in their duty of care by not providing an accurate diagnosis.

Our medical negligence solicitors are highly experienced in representing people who were misdiagnosed by medical professionals. Whether you received the incorrect treatment or no treatment at all, we have the experience to get you every penny of compensation you’re due.

What is medical misdiagnosis?

There are three types of medical misdiagnosis:

• An incorrect diagnosis, where the patient is diagnosed with a condition they do not have.
• A missed diagnosis, where the healthcare professional fails to diagnose the patient’s condition at all, so it goes untreated.
• A delayed diagnosis, where the patient’s medical is diagnosed later than it should have been, leading to further complications and potentially worse outcomes.

This page is dedicated to incorrect and missed diagnoses. Please see our dedicated page for delayed diagnosis claims. [link]

What are the consequences of misdiagnosis?

Misdiagnose can arise in a number of circumstances. Where any of the following have occurred, it may be possible to bring a medical misdiagnosis claim:

• You told your GP about your symptoms, but they did not examine you properly or told you there was nothing to worry about.
• Your doctor was not sure what was causing your symptoms, but did not refer you for further tests.
• Your doctor misread or misunderstood your scans or test results, leading to a wrong diagnosis.
• Your doctor failed to consider other medical conditions that could be the cause of your symptoms.
• You were referred to the wrong medical specialist.

The effects of a medical misdiagnosis can be devastating. You may be placed on an incorrect treatment plan, endure unnecessary and potentially harmful surgeries, or suffer the side effects of medication that you do not actually need.

In the meantime, your actual condition is going untreated. Many misdiagnosed patients face longer, more difficult recoveries or suffer permanent damage that could have been prevented if the diagnosis was correct.

Which conditions are commonly misdiagnosed?

Some illnesses and conditions are more commonly misdiagnosed than others. At least in their early stages, these conditions often have symptoms that are easily mistaken for something else or are difficult to detect.

Common medical misdiagnosis claims that we handle for clients across the country include:

• Cancer misdiagnosis claims
• Misdiagnosed strokes
• Misdiagnosed heart attacks
• Misdiagnosed meningitis
• Misdiagnosed internal bleeding
• Miscarriage misdiagnosis claims
• Misdiagnosed sepsis

How to make a medical misdiagnosis claim

The first step is to speak to our specialist medical negligence solicitors. We will listen to your experience and advise you on the best course of action for your individual case.

Not every misdiagnosis will result in compensation, even when there is clear evidence that an incorrect diagnosis was given. To make a successful claim, we will need to prove:

• Negligence: the healthcare professional did something, or failed to do something, that no other competent clinician would have done. For example, if your GP failed to diagnose you with cancer despite obvious symptoms that another GP would have caught, this may be considered GP negligence.
• Causation: the misdiagnosis caused you harm that you would not otherwise have suffered. This can be difficult to prove in a misdiagnosis claim. We would have to show that the misdiagnosis made your condition worse, and it isn’t just a case of the condition getting worse on its own, or that the wrong treatment plan caused additional harm.

What will happen when I make a claim?

First, we will look at your medical records and talk to independent experts about your case. Consulting medical experts is important for misdiagnosis claims as they will help us understand what tests and examinations should have been conducted and what care you should have received.

We will also examine evidence such as:

• Test results such as X-rays, lab reports and scans
• Witness statements
• NHS codes of practice
• Guidelines and recommendations from independent bodies such as The National Institute for Health and Care Excellence (NICE)

Evidence will help prove that the healthcare professional was negligent and their mistakes should not have been made.

Next, we’ll show the other party the evidence and ask them to accept responsibility. If they agree, we can ask for interim payments to cover treatment costs while we work on a final settlement. Our goal is to settle the claim quickly and avoid going to court.

If the other party doesn’t accept responsibility, we will start court proceedings. Even then, the claim might still settle before going to a court hearing. If it doesn’t, we’ll present a strong case for you in court. Our team will be with you every step of the way.

How much compensation can I get for a misdiagnosis claim?

The amount of compensation you could receive will depend on the severity of your injury or illness, its impact on your life, and any financial losses you have incurred.

As medical negligence specialists, our solicitors understand how misdiagnosis claims are valued. We work quickly to assess your rehabilitation needs, your financial losses, and any support you may need in the future. Compensation can go towards covering expenses such as:

• Wages lost through additional surgery or extended recuperation time
• Lost earnings and loss of future earning potential
• Medical expenses
• Travel expenses
• The cost of specialist equipment or medications
• Mobility aids and personal care

Why choose Osbornes for your misdiagnosis claim?

We have some of the UK’s best medical negligence solicitors on our team. All of them have unique medical experience and knowledge of NHS practices. We are consistently rated top tier by The Legal 500 and Chambers and Partners for our reputation as medical negligence specialists.

Many of our lawyers are also members of the Law Society’s Clinical Negligence Panel and Action Against Medical Accidents’ (AvMA) referral panel. These accreditations reflect our expertise and experience in handling complex medical negligence claims, including misdiagnosis cases.

Our expertise and compassionate approach has helped us achieve a high success rate for our clients, including winning significant payouts in misdiagnosis claims. Read about some of the patients we’ve represented in our client stories, then get in touch to see how we can help you too.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811