Misdiagnosis Claims

Our team of specialist lawyers have expertise in bringing claims where there has been a misdiagnosis of a condition or disease or a delay in diagnosis.

Misdiagnosis is when a medical professional diagnoses the wrong condition, or fails to make any diagnosis. This can result in psychological distress, for example, if a terminal diagnosis is incorrectly given. Further, misdiagnosis can lead to wrong or unnecessary treatment being given.

A delay in diagnosis is where a condition is not picked up as quickly as it should have been. Delays in diagnosing certain illnesses such as sepsis and cancer, can be fatal.

In these areas, we deal with claims for both GP negligence and hospital negligence.

Some examples of cases relating to problems with diagnosis are:

Failing to diagnose a fracture on an x-ray
Not picking up on signs of cancer leading to reduced life expectancy
Failure to diagnose femoral artery blood clot leading to limb amputation
Delay in diagnosing a stroke

Your (or your child’s) claim - Why us?

Your case will be investigated by our specialist lawyers, led by a partner. Claims for problems with diagnosis require careful consideration of what should have been done and whether this would have changed the outcome. We work closely with specialist experts to assess whether a successful claim can be made.

We also carefully assess what a client needs for the future including in relation to care, accommodation and specialist treatments along with what their losses have been in terms of earnings.

We can visit you at home or in the hospital to discuss your claim.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

For further information about compensation we have secured for clients, see cases we have acted in.

Frequently Asked Questions

How long do I have to bring a misdiagnosis or delay in diagnosis claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).

Where a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that the injury was caused by negligence.

We also calculate the amount of compensation that can be claimed. Typically, this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer.

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

Will the case be decided by the Court?

Probably not. The vast majority of personal injury and medical negligence claims are not decided by the Court. Occasionally, the Court will decide a case, if it cannot be resolved any other way. If the case has good prospects of success then the Defendant will usually want to settle the claim without a trial and both parties are obliged to explore all settlement options including Alternative Dispute Resolution and Mediation.

Successful claims are usually resolved by agreeing a settlement either before or during formal Court proceedings.

Where the claim is for a child or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement. This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person. The court hearing that concludes such cases is called an “Approval Hearing”.

How is the amount of compensation decided?

We will tailor the compensation claimed to meet the needs of the injured person. No two claims are ever alike.

The first step is to consider how the injury has affected the injured person’s life and whether that will change in the future. We then calculate the amount of funds required to meet their additional needs and compensate them. Depending upon the circumstances, this may include funds for:

Private round-the-clock care
Private therapies and medical treatment
Specialist equipment and vehicles
Adapted accommodation
Support with education or work (if that is possible for the injured person)
Compensation for loss of earnings and pension
Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.

Will it take a long time before the case is concluded?

Medical negligence and personal injury claims typically involve detailed investigation and expert evidence. They often take several years to resolve.

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately. This is known as an Interim Payment. This allows the injured person’s needs to begin to be met while the work to quantify the full amount of compensation continues.

Can I make a 'no win, no fee' misdiagnosis or delay in diagnosis claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of the medical records themselves before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records.