Misdiagnosis Claims

To make a successful claim, you will usually need to show that the care you received was below an acceptable professional standard and that this caused you harm or made your condition worse. A wrong or delayed diagnosis does not, by itself, mean that negligence occurred.

Independent medical experts will usually be needed. One expert may consider the standard of care, while another may assess whether the delay or error changed the outcome.

You do not need to obtain your own expert report before contacting a solicitor. Commissioning a report without legal advice can be expensive and may not produce evidence suitable for a claim.

Keep an honest and proportionate record of your symptoms and losses. Do not alter documents or exaggerate your account.

A misdiagnosis can occur for many reasons, and not every diagnostic error amounts to medical negligence. Some conditions produce similar symptoms, develop gradually or present in an unusual way. The care must be assessed using the information available at the time, not with hindsight.

Even where the diagnosis was handled negligently, compensation is not automatic. The evidence must normally show that the error probably caused avoidable harm or made the outcome materially worse.

There is no standard compensation figure for medical misdiagnosis. The value of a misdiagnosis claim depends on the individual circumstances. Compensation depends on the additional injury and loss caused by the negligent treatment. Factors such as the nature and severity of your injury, how long your symptoms are expected to last, whether you need further treatment or assistance, the effect on your daily life and any financial losses you have experienced will all be considered.

If your claim succeeds, compensation is generally divided into two categories:

You should keep receipts, invoices, payslips and records of care, travel and other expenditure. These can help establish your losses.

In some cases, you may receive part of your compensation before the claim is finally settled. This is called an interim payment and may help with immediate needs such as rehabilitation, care or essential living costs.

An interim payment is not automatic. It may be available where the defendant agrees to make one or where the legal requirements are met, for example, where liability has been admitted, or the court is satisfied that you are likely to recover substantial compensation. Any interim payment will be taken into account when your final compensation is calculated. Your solicitor can explain whether you may qualify and any effect on your claim.

For an initial indication of what general damages might be worth, you can use our surgical negligence compensation calculator.

In England and Wales, you usually have three years to begin a medical misdiagnosis claim. This period may run from the date the negligent treatment occurred or from the date you first realised that your injury could be connected to the medical misdiagnosis. The latter is often referred to as your “date of knowledge”.

Although three years may seem like plenty of time, it is sensible to seek legal advice as early as possible. Starting promptly can make it easier to obtain medical records, gather witness evidence and establish exactly what happened.

Different rules may apply to children, people who lack capacity, deceased patients and other particular circumstances. Courts also have a limited discretion in some cases.

You should speak to a solicitor as soon as possible rather than assuming that you have plenty of time remaining.

Most clinical negligence claims conclude without a trial. Claims may be resolved through negotiation, mediation or another form of dispute resolution.

Starting court proceedings does not mean that a trial is inevitable. A settlement can be reached at any stage.

A settlement involving a child or a protected party must be approved by the court.

There is no standard timescale. A solicitor should not promise that a claim will conclude within a particular period before understanding the medical and legal issues.

A straightforward claim may resolve relatively quickly. A claim involving serious injury, several healthcare providers or disputed expert evidence can take several years.

Delay is not always avoidable or against the patient's interests. It may be necessary to wait until doctors can give a reliable long-term prognosis. Settling too early could mean that future treatment, care or loss of earnings is not properly included.

Your solicitor should provide a case-specific estimate, explain what could change it and update you as the evidence develops.

If you received the wrong diagnosis, experienced an avoidable delay or believe that a healthcare professional failed to diagnose your condition, Pocket Claim can help you understand your next steps.

Our team can listen to what happened and review your enquiry. We'll take the relevant details and help determine whether your circumstances are appropriate to be considered by a partnered specialist medical negligence solicitor. Where appropriate, we can connect you with an experienced law firm that can assess the evidence and explain your options.

There is no pressure to begin a claim. You will have an opportunity to ask questions, understand how the process works and decide whether taking legal action is right for you.

To get started, complete our online claim form. We are ready to listen whenever you feel able to talk.