What is a medical misdiagnosis?
Doctors, nurses and surgeons are expected to be able to diagnose a wide range of conditions and diseases and to 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, healthcare professionals 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 be comparable to how other doctors or health professionals would act in a similar situation.
How do I know if my misdiagnosis was due to negligence?
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, they may have been negligent and you may be entitled to make a claim for compensation.
Situations that can lead to a successful 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
What our clients say:
"A big thank you to Tami for all your hard work in helping us get a successful outcome."
Case: delay in diagnosing reoccurrence of breast cancer
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 undergoing 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, your prognosis could be worse. If another doctor would have diagnosed you differently, given the same circumstances, you could be entitled to compensation.
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 have a serious impact on your prognosis and can 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.
Our Latest Misdiagnosis claims Case Studies
Tom Bailey was asleep in bed and was awakened during the early hours with severe chest pains that caused him to cry out and unable to move. The pain lessened and he began to suffer visual disturbance and numbness in his legs. His wife called an ambulance and he was taken to hospital, where he…Read more
Mr Harper had seen his GP on several occasions, complaining of bilateral calf pain and swelling, for which he had first been referred urgently to hospital to the DVT Clinic. A DVT nurse assessed him on that first occasion and a clinical examination was performed but there were no further investigations. It was noted that there…Read more
7-year-old Tyler began to feel unwell and was lethargic and sleepy. He was also complaining of back pain and intermittent headaches and then began vomiting. After a visit to A&E and then to the GP, he was diagnosed with a chest infection and prescribed antibiotics. The next day, Tyler’s parents found him lying on the floor and…Read more
Our Latest News
A recent High Court ruling has highlighted how important it is to choose a legal adviser with the proper qualifications and expertise, when making a medical negligence claim. In a case concerning an unqualified adviser, Judge Jennifer Eady, QC, found that George Rusz and his firm Troy Lucas and Co in Romford were professionally negligent…Read more