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Misdiagnosis Claims


What is a misdiagnosis?

Doctors and other medical staff are expected to be able to diagnose a wide range of conditions and diseases and recognise damage to organs and limbs caused by accidents. In addition, they need to be able to offer appropriate treatment to their patients or refer them to someone else who can. Because the human body is complex, doctors won’t get it right every time, and the law doesn’t expect them to. However, what is expected is that the decisions they make and the steps they take to diagnose and treat their patients should be ‘reasonable’ and should compare to those of other doctors or health professionals faced with similar circumstances.


How do I know if I have a misdiagnosis claim?

A misdiagnosis can lead to incorrect treatment being given, delay in treatment or in no treatment at all. In some cases, a misdiagnosis can be fatal. If a doctor fails to recognise your symptoms and prescribes the wrong treatment, fails to investigate appropriately or doesn't refer you to a specialist and this causes health problems for you, you may be entitled to make a claim for compensation.


Common situations that can lead to a misdiagnosis claim

  • Wrong diagnosis, leading to inappropriate treatment
  • Missed diagnosis leading to no treatment or delayed treatment
  • Failure to spot symptoms of a serious underlying health condition
  • Not recognising complications that change or worsen a condition
  • Failure to diagnose a related disease

No Win No Fee

  • Pay nothing upfront
  • Pay nothing as the claim progresses
  • Pay nothing if you lose

Start your misdiagnosis claim today

Fran Pollard

Medical Negligence Solicitor and Partner

"If a doctor fails to recognise your symptoms and prescribes the wrong treatment, fails to investigate appropriately or doesn’t refer you to a specialist and this causes health problems for you, you may be entitled to make a claim for compensation."

More about misdiagnosis

What is an incorrect diagnosis?

An incorrect diagnosis may mean that a patient is given surgery or medication for a condition that they don't have. This can include a treatment or procedure that is unnecessary, such as removal of tissue that has been wrongly diagnosed as being cancerous. It can also mean that the real condition goes untreated, causing additional pain and suffering and, sometimes, lead to the need for more invasive treatment. Additionally, by the time a proper diagnosis is made, the prognosis is worse.

What does a late diagnosis mean?

A late diagnosis refers to occasions when a patient's condition isn't spotted until it has advanced further, despite opportunities for it to have been diagnosed at an earlier stage. This can seriously impact on your prognosis and lead to more invasive treatment being required or treatment options being limited.

What is a missed diagnosis?

This is when a condition goes completely unspotted, despite the symptoms or test results being such that another health professional would have been able to diagnose it. This deprives the patient of an opportunity for treatment that could cure their condition or relieve their pain.

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Seven figure compensation award for girl starved of oxygen at birth

Colchester Hospital University NHS Foundation Trust has agreed to pay a seven-figure sum to a nine-year old girl with Cerebral Palsy caused by brain damage at birth due to oxygen starvation. She was born in 2007 at Colchester General Hospital.   Medical negligence solicitor Gillian Gadsby acted for the girl’s family.   “We are so pleased…

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