You’re reliant on medical professionals to find out what’s wrong with you and mistakes in diagnosis can have lasting consequences for your health. If you’ve been unfortunate enough to experience medical misdiagnosis then you may be able to claim compensation.
What is misdiagnosis?
There are three main types of misdiagnosis:
- Missed diagnosis: when a medical professional fails to diagnose any problem at all.
- Incorrect diagnosis: when a medical professional identifies the wrong condition, leading to inappropriate treatment.
- Late diagnosis: when your condition is identified late, causing delays in treatment.
A misdiagnosis can be made by any NHS or private medical professional who’s responsible for diagnosis.
Misdiagnosis may occur if your GP or consultant fails to interpret test results accurately, examine you properly or refer you to the correct specialist.
How do I claim for misdiagnosis?
You can arrange a free first meeting with one of our expert solicitors to discuss your case. If we think you have a claim then, with your permission, we’ll start to investigate what happened.
To prove your misdiagnosis case, we have to show that your doctor or other medical professional has been negligent in their care of you. If we take your case, we’ll gather evidence in support of your claim and aim to help you access compensation as quickly as possible.
We settle most cases out of court, but if your claim has to go to court we’ll support you fully throughout.
Which conditions are commonly misdiagnosed?
Professionals can make mistakes when diagnosing many different conditions. Some of the most common include:
- Cancer
- Diabetes
- Meningitis
- Stroke
- Fractures or orthopaedic injuries (misdiagnosed broken bones)
- Heart disease or heart attacks
- Sepsis
- Appendicitis
- Brain tumours.
Illnesses that are commonly misdiagnosed tend to have symptoms that are difficult to detect or are easily mistaken for something else. A misdiagnosis for any of these conditions can have serious consequences and you may be entitled to compensation if this has happened to you.
What are the time limits for making a misdiagnosis claim?
You’ll usually need to make a claim within three years of becoming aware of your misdiagnosis.
There are some exceptions to this:
- Minor - if you’re claiming on behalf of a child there is no time limit until they turn 18, from 18 the three-year rule applies.
- Mental capacity - if you're claiming on behalf of someone who lacks the mental capacity to make their own claim there are no time limits in place.
- Fatal cases - if you wish to make a claim on behalf of a loved one you believe died as a result of misdiagnosis then you need to claim within three years of their passing.
How much compensation can you expect for medical misdiagnosis?
How much you could claim depends on several factors, such as the severity of your injuries and your care costs going forward. The strength of the evidence presented in support of your claim will also be important in determining how much compensation you may receive.
The average payout for misdiagnosis claims can be:
- Injury to internal organs - up to £140,000
- Loss of senses (loss of sight or hearing) - up to £214,000
- Brain damage - up £322,000.
Each claim is unique, and these figures are just estimations. When you contact us and tell us more about what happened to you, we'll be able to advise you further on how much you could claim.
No win no fee misdiagnosis claims
We may be able to make your claim on a no win no fee basis. Should your claim succeed then most of your legal fees will be covered by your opponent with the rest paid from your settlement. You won’t pay anything towards your legal costs if your claim is unsuccessful*.
Why choose us?
Our team of expert medical negligence solicitors specialise in misdiagnosis claims. They have decades of experience helping people claim for misdiagnosis and will do their best to get you a fair settlement. We’ll also demand answers and an apology, as well as assurances that the same mistakes won’t be made again.
As part of the largest medical negligence team in the country, we understand that these cases need to be handled with sensitivity and care. We’ll support you through each step of the claims process and make sure that your care needs are fully taken into account in any settlement that’s reached.
Contact Us
To arrange a free initial consultation or discuss your medical misdiagnosis claim you can call us on 0800 121 6567 or contact us online and we’ll be in touch with you soon.
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