Heart attack misdiagnosis: How to make a cardiac negligence claim

Considering it is such a serious medical emergency, you may be surprised to know that around 30% of heart attacks are initially misdiagnosed. But how are there failures to diagnose heart attacks?

Failure to recognise classic heart attack symptoms

First, a doctor, paramedic or another healthcare professional may miss typical heart attack symptoms, such as:

• Chest pain or tightness, spreading to other parts of the body
• Dizziness or lightheadedness
• Sweating
• Shortness of breath
• Nausea and/or vomiting
• Overwhelming anxiety, like a panic attack
• Coughing or wheezing

If this chest pain is misdiagnosed or overlooked, the patient may not receive essential treatment or medication, resulting in future heart attacks or similar heart problems.

Dismissing atypical symptoms

Crushing chest pain is the most recognisable symptom of a heart attack. However, it is not always present.

Sometimes called a ‘silent heart attack’, there are several atypical, less obvious symptoms that people may experience during a heart attack:

• Indigestion
• Extreme fatigue
• Shortness of breath
• Jaw, back and neck pain
• Cold sweats

These atypical heart attack symptoms are particularly common in women, the elderly and diabetics. For them, heart attacks may not feel like crushing chest pain, but a burning or pressure sensation in the upper belly.

In fact, it is estimated that women are around 50% more likely to receive a heart attack misdiagnosis than men.

ECGs not performed or misinterpreted

An ECG (Electrocardiogram) is a simple, painless test that records the heart’s electrical activity, helping doctors identify the blocked blood flow associated with heart attacks.

If an ECG is not performed, or the results are misreported, heart attacks can be misdiagnosed and left untreated.

Delayed troponin blood tests

Troponin blood tests are another crucial technique to diagnose myocardial infarctions, measuring the level of troponin protein in your blood. A delayed blood test, or ignoring abnormal blood results, can be just as problematic as not performing an ECG.

Failure to refer to cardiology

When heart attack symptoms are missed or tests are improperly performed, the affected patient may not be sent to a cardiology specialist for further tests and treatment.

Delayed admission or discharge from A&E

If a heart attack is misdiagnosed in A&E as a less threatening condition, the patient may be discharged early, rather than referred to a cardiologist. This delay can further damage the heart.

Delayed treatment or medication

Finally, even if the patient is believed to have suffered a heart attack, there may be avoidable delays in treating the damage with angioplasty, or providing medication such as aspirin or clot-busters (thrombolytics).

For a heart attack misdiagnosis to qualify for a medical negligence claim, the patient’s cardiac treatment must have fallen below an acceptable standard of care.

To prove heart attack negligence, you must prove:

1. Your doctor owed you a duty of care
2. Your doctor breached that duty of care
3. The breach of duty directly caused the harm (causation)

Causation in cardiac negligence claims can be especially tricky to determine. You must keep in mind that a heart attack already causes a significant amount of damage to the heart. 

Therefore, you must be able to prove that the injuries sustained are greater than what would have happened in any event. To prove this, a solicitor will investigate three key areas:

1. Health: Did negligent treatment impact your long-term health and wellbeing?
2. Treatment: Did your available treatment options change due to negligence?
3. Prognosis: Has your long-term prognosis changed due to negligence (e.g. survival rates)?

Essentially, you must prove that a reasonably competent clinician would have acted differently than your healthcare provider did, and that earlier diagnosis or treatment of your heart attack would have led to a better outcome.

That is why it is so important to work with a highly experienced cardiac negligence claim solicitor. They understand what evidence is required and who to speak with to prove these vital details, and will take the time necessary to investigate thoroughly.

Who can be responsible for a heart attack misdiagnosis?

Practically speaking, any healthcare professional can be liable for a missed heart attack, both in NHS trusts and private hospitals. However, the most common professionals include:

• GPs
• A&E professionals
• Hospital consultants
• Cardiologists and cardiology teams
• Nursing staff

There is no “average” compensation award for a heart attack misdiagnosis claim – it must be determined on a case-by-case basis.

The compensation is divided into two broad categories:

1. General damages

General damages compensate the claimant for their pain, suffering and loss of amenity (PSLA). This may range from any scarring or muscle injury caused by the delayed diagnosis or treatment, to the psychological impact of this experience.

The value of general damages will often vary greatly based on the nature of the injuries sustained and their long-term impact on the claimant’s health and welfare.

2. Special damages

Special damages cover the financial impact of your injuries, both present and future. This is often where the greatest variances in the overall compensation come from, as these losses are greatly influenced by a claimant’s age, economic status, career, dependents and several other socioeconomic factors.

Examples of the costs that special damages compensate for include:

• Loss of earnings or career opportunities
• Ongoing care, rehabilitation and treatment costs
• Psychological therapies and mental health support
• Medical aids and equipment (e.g. wheelchairs, mobility scooters)
• Medication and surgeries
• Live-in carers or care assistants
• Adaptations to the home or vehicles
• Travel and out-of-pocket expenses

The purpose of this compensation in a cardiac negligence claim is to restore the person affected to the position they would have been in had the negligence never occurred (insofar as that is possible), or to help them maintain the best possible quality of life after the incident.

Is there a claim if the patient dies due to a heart attack misdiagnosis?

In the tragic event that a patient dies due to a misdiagnosed heart attack, it is possible to make a death by medical negligence claim. Only one person can pursue this claim, but can do so on behalf of anyone eligible to receive compensation, including:

• Those named as beneficiaries of the deceased’s estate in a Will or entitled under intestacy law
• Those who are entitled to claim a bereavement award under The Fatal Accidents Act 1976
• Those who were dependent on the deceased either financially or for services that the deceased provided to them

This ensures that those left behind after an avoidably fatal heart attack are compensated for the pain and suffering their loved one endured, and to fulfil any services or financial support they provided before their death.

We hope this guide gives you a fuller understanding of the causes and consequences of a heart attack misdiagnosis, and how to pursue a claim if you believe you or your loved one suffered due to negligent treatment.

Since 1993, our solicitors have exclusively specialised in medical negligence cases, including all forms of cardiac negligence claims. Our extensive experience, meticulous attention to detail and robust approach to negotiations help ensure you can find answers and closures for what happened, and recover the compensation needed to secure your financial future.

• Over £300 million recovered in compensation
• Over 5,000 claimants supported on the path to justice
• 96% of claims settled before entering a courtroom
• No win, no fee medical negligence – you pay nothing unless we win your claim

Start your claim now by completing our short questionnaire, or contact us directly to discuss your situation and legal options.

Disclaimer

All content contained within this article is meant for general information only – this should not be treated as a substitute for medical advice from your doctor or another healthcare provider. If you require legal advice specific to your situation, please contact our team directly.

Gadsby Wicks is not liable for any diagnosis made from the content of this article, nor does it endorse any service or external site linked to within the article.

Always consult your GP if you are concerned about your health and wellbeing, or speak to us if you require legal advice.