Last Updated On 17th February 2026. Feeling unwell and having to pursue treatment at a GP or hospital is stressful enough, let alone suffering harm due to medical negligence in the form of a misdiagnosis. The fallout from this can be devastating for the patient and involve them experiencing delayed or incorrect treatment, worsening symptoms and even a more severe diagnosis such as a permanent disability. So, if you have experienced harm of this nature, don’t suffer in silence; instead, talk to us about medical misdiagnosis claims today.
Here at Legal Expert, our solicitors are committed to providing a complete service that is accessible to all on No Win No Fee terms. We believe in financial transparency, so you will never be caught off guard by hidden or unexpected service fees. Notably, our solicitors understand that harm from a medical misdiagnosis is not only displayed through physical symptoms but can also be profoundly felt emotionally. If you want to work with a compassionate legal team that is acutely aware of the challenges you may face in both your external and internal world due to harm, contact us today to take the first step.
Key Takeaways
- How can a medical misdiagnosis happen? A misdiagnosis typically happens because of human error, often involving communication issues, misinterpreting scans, lab errors and so on.
- Can I claim for a psychological injury? Absolutely, as psychological injuries can be just as debilitating as physical ones.
- Is there a time limit to abide by? Yes, you typically have 3 years to claim from the date you suffered the harm or from the date of knowledge.
- How can a medical misdiagnosis be prevented? By encouraging patients to play an active role, conduct comprehensive assessments, and promote a culture of safety and so on.
- Can I claim without professional legal help? Technically, yes, but we don’t advise this as your likelihood of success drops without the help of a solicitor.
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What Is Medical Misdiagnosis?
Medical misdiagnosis is when a medical condition is missed or wrongly diagnosed as something else. This can range from a mild inconvenience to a potentially life-altering, and indeed life-threatening, occurrence.
What Causes Medical Misdiagnosis?
Failures to examine or further investigate symptoms, check patient records, or correctly interpret test results are common causes of medical misdiagnosis resulting from substandard care. Before we examine these examples in more detail, it is important to note that not all misdiagnoses are due to negligent care.
Below, we will look at specific scenarios involving misdiagnosis and medical negligence:
- Medical history: You present to your GP with severe chest pain and sudden difficulty breathing, 2 common ‘red flag’ symptoms of a pulmonary embolism. The doctor doesn’t check your records, meaning they miss a documented history of blood clots and instead conclude you have bronchitis. This leads to you suffering permanent lung damage.
- Inadequate assessment: After noticing a lump in your breast, you go to your doctor to have it checked out. However, the practitioner overlooks the area in question and misdiagnoses the issue as a simple cyst. This means the doctor does not refer you to a specialist. By the time you get the correct breast cancer diagnosis, your condition has progressed to a more advanced stage, necessitating a mastectomy.
- Test results: An oncologist fails to thoroughly review imaging scans, overlooking abnormalities indicative of bowel cancer. They subsequently give you the all-clear, allowing the disease to spread to the liver. You require more invasive treatment and develop long-term depression due to your experience.
We are here to help you explore your options for claiming following a misdiagnosis. If you would like to share your experience confidentially or have any questions about the medical misdiagnosis claims process, please reach out to our team today.
When Does A Misdiagnosis Become Medical Negligence?
For a diagnosis to be deemed medical negligence, the medical professional must have failed to provide the correct standard of care and caused you to experience avoidable harm. “Avoidable harm” means any harm caused that would not have occurred if the medical professional had met the correct standard of care.
This means that, while you may be dissatisfied with the care you received, this does not mean a breach of duty has occurred. You can follow your provider’s procedure to make a complaint for misdiagnosis; however, a medical negligence claim is required if there has been a breach in the duty of care and avoidable harm has been caused.
We set out the criteria to make a medical negligence claim below, and our advisors are on hand 24/7 to provide further guidance. Talk to us today via the contact information given above.
How Do I Know If I Have A Medical Negligence Claim?
All medical professionals, irrespective of their field of practice or level of experience, have a duty of care to their patients to provide care that meets the correct standard. This duty covers both public and private healthcare settings.
The eligibility criteria for medical misdiagnosis claims are as follows:
- A healthcare provider owed you a duty of care.
- This duty was breached through a failure to deliver the correct standard of medical care.
- The misdiagnosis caused you to experience avoidable harm.
You can get a free eligibility assessment by talking to our advisory team today.
Common Types Of Medical Misdiagnosis Claims
In this section, we examine some of the most common conditions that could be subject to a delayed diagnosis or misdiagnosis altogether. There are a number of different ways this could happen.
Examples can include:
- A cancer misdiagnosis can occur if scans are performed improperly and the cancer is therefore missed.
- You experienced a pneumonia misdiagnosis after doctors failed to identify clear symptoms and told you that you had a minor cold.
- A fracture in your ankle was not identified due to the doctor not ordering an X-ray, and was misdiagnosed as a sprain. You continued to walk on your ankle and due to the missed fracture, significant damage was caused.
There are many other conditions that could be subject to an incorrect diagnosis. So, to find out more about medical misdiagnosis claims in your particular circumstances, talk to our advisory team today.
The Consequences Of Medical Misdiagnosis
A medical misdiagnosis can have a broad range of impacts. Examples can include:
- More aggressive treatment may be required if a condition has progressed further due to being missed.
- Additional harm may be caused. As in our example above, continuing to walk on a missed fracture can result in a much more severe break as well as damage to soft tissues.
- Lost earnings due to needing much more time off work.
- The psychological impacts of ill health can also not be ignored. Being misdiagnosed and having to undergo longer treatment can take a significant mental toll.
How Do I Prove A Misdiagnosis Claim?
Evidence is a key part of medical misdiagnosis claims. You will need to provide proof that will demonstrate the fault of your healthcare provider. Your evidence will also help those handling your claim to determine an accurate compensation figure.
Examples of evidence you could use to prove medical negligence can include:
- The medical records show the misdiagnosis. These can be copies of scans, test results, or notes from an exploratory surgery. You can also provide records from any subsequent treatment you had.
- The contact information of possible witnesses. If someone attended your appointment with you, they could provide a statement, so make sure you have their up-to-date contact details.
In cases of potential medical negligence, the Bolam test may be employed. This is where a group of medical professionals from the relevant field assess the care you received and determines whether or not the correct standard was met.
This isn’t something you need to worry about organising yourself, and the test is not used in every claim. However, if the Bolam test is used, any findings from it can be submitted as part of your evidence. You can ask any questions you may have about gathering evidence, and get a free eligibility assessment by contacting our advisory team today.
How Long Do I Have To Start A Medical Misdiagnosis Claim?
You generally have 3 years to start a medical misdiagnosis claim under the Limitation Act 1980. The time limit on your claim may begin from:
- The exact date the medical negligence happened, or
- The date you received knowledge of the medical negligence
Not all medical misdiagnosis claims are the same, as the claimant’s circumstances and the facts of the cases all differ. Therefore, there are some exceptions to the claims limitation period.
As such, the time limit on a claim may be paused if:
- The claimant is classed as a minor; they cannot start a claim for themselves, so the 3-year time limit will automatically start on their 18th birthday and end on their 21st birthday.
- The claimant does not have mental capacity, which means that they are not able to start a claim independently. Here, the 3-year time limit will be indefinitely paused unless they regain mental capacity.
A litigation friend may start a claim on behalf of the claimant if the time limit on their misdiagnosis claim is paused. Some of their duties will include:
- Making legal decisions in the claimant’s best interests
- Discussing misdiagnosis compensation with the solicitor
- Obtaining medical evidence to help prove third-party liability
- Keeping the claimant up to date with the claim
Please contact our advisors if you would like to discuss the time limit on your claim or learn more about who can act as a litigation friend.
How Much Compensation Could I Get For Misdiagnosis?
Compensation in successful medical misdiagnosis claims may be awarded under 2 heads of loss. These are:
- General damages: compensation for physical and psychiatric harm.
- Special damages: reimbursement for financial losses caused by that harm. More on this head of loss in a later section
Those responsible for determining general damages may use your medical documents in conjunction with the Judicial College Guidelines (JCG). The JCG contains guideline figures for different types of harm and severities. We have used a selection of those figures in the table here.
Compensation Table
Please be advised that this information has been included as a guide only. The top entry is not a JCG figure.
Type of Harm Severity Guideline
Multiple Instances of Very Severe Harm with Substantial Special Damages Very Severe Up to £1,000,000 +
Brain Very Seriously Disabled - Moderately Severe (b) £267,340 to £344,150
Moderate to Severe Intellectual Deficit - Moderate (c)(i) £183,190 to £267,340
Kidney Serious and Permanent Damage or Loss of Both Kidneys - (a) £206,730 to £256,780
Total Loss of Function - (b) Up to £78,080
Lung Progressive Worsening and Premature Death - (a) £122,850 to £165,860
Lung Cancer - (b) £85,460 to £118,790
Ankle Extensive Period of Treatment Required - Severe £38,210 to £61,090
Fractures, Ligamentous Tears and the Like - Moderate £16,770 to £32,450
Knee Lacerations, Twisting, or Bruising Injuries - Moderate (b)(ii) Up to £16,770
Special Damages In Misdiagnosis Claims
As we said above, special damages are the second head of loss under which medical misdiagnosis compensation may be awarded. Special damages aim to not only quantify the costs that have been incurred, but also future losses and the impact on your daily life.
It is for these reasons that special damages compensation is often significantly higher than that paid out under general damages. Examples can include:
- Loss of earnings due to time taken off work for treatment or recovery.
- Loss of future earnings if you are unable to return to work or take on reduced hours.
- Medical expenses like private treatment, therapy, and prescriptions.
- Care needs including help with meal preparation, cleaning and looking after dependents if you are unable to carry out these tasks safely on your own.
- Modifications to your home, such as a stairlift or accessible shower, in cases where your mobility has been affected.
- Travel costs if you are unable to drive due to the harm you have sustained.
Claiming special damages will require you to submit supporting evidence. Make sure you keep copies of any documents that show the losses you have sustained. This can be your payslips, invoices for care, receipts and travel tickets.
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Our £210,000 Case Study On Medical Misdiagnosis Claims
Miss Brown was awarded £210,000 after a medical misdiagnosis led to her diabetes being mistaken for a sinus infection, which resulted in the worsening of her condition. She had originally gone to her GP to address unexplained weight loss and an increasingly frequent need to urinate.
Despite these being classic ‘red flag’ indicators of diabetes, the doctor focused on her persistent fatigue and uncomfortable facial pressure. This led the GP to overlook the need for blood tests, allowing the diabetes to go undetected for several months.
The misdiagnosis resulted in the condition progressing to a more severe stage, eventually leading to the loss of one of her kidneys. During this period, Miss Brown lost a significant amount of income and had to pay out of pocket for private care from specialist endocrinologists.
She decided to pursue a claim with the support of a medical negligence solicitor, who helped her gather evidence highlighting the clinical failings that led to the misdiagnosis. Her healthcare provider later acknowledged liability for the unnecessary harm she endured, resulting in a £210,000 settlement. This consisted of:
- £99,000 in general damages, covering the kidney damage and psychological harm she suffered.
- £111,000 in special damages for lost earnings, private treatments, therapy, nutrition counselling, and domestic care.
If you have had a similar experience to this example case study*, you may have grounds to pursue compensation. Get in touch with our team today to find out if we can help you start the medical misdiagnosis compensation claims process.
Can Legal Expert Help Me Make A Misdiagnosis Claim?
At Legal Expert, we have years of experience in handling medical negligence claims and winning compensation for clients. To find out if you are eligible to make a medical misdiagnosis claim, contact our advisors for a free assessment today.
Our solicitors can offer their services under a particular type of No Win No Fee contract called a Conditional Fee Agreement (CFA). The CFA brings with it a number of key benefits, including:
- You will not have to pay a fee for work to commence on your case.
- There will also be no ongoing fees during the actual claims process.
- Finally, if your claim does not succeed, you won’t be paying anything for the solicitor’s work.
If your claim succeeds, medical negligence compensation will be paid out for the avoidable harm caused, and potentially associated financial losses too. Some of the payout will go to the solicitor’s success fee. But, as The Conditional Fee Agreement’s Order 2013 imposes a limit of 25% on success fees, you know from the outset that most of anything paid out will be yours to keep.
Choosing The Right Solicitor
The most important thing when choosing a solicitor is making sure they have the right knowledge and experience to give your claim the best chance of success. At Legal Expert, our solicitors operate to the highest standards of professionalism and discretion and can support throughout the claims process with tasks such as:
- Calculating a potential compensation figure.
- Communicating with the defendant’s representatives on your behalf.
- Explaining all the legal jargon.
- Negotiating a final compensation amount.
- Ensuring any court instructions and deadlines are complied with.
To find out more about the medical negligence claims process or to get a no-obligation eligibility assessment at zero cost to you, contact our advisory team today using the details provided here:
- Call us on 0800 073 8804.
- Start your claim on our ‘contact us‘ page.
- Open the live chat window on your screen now.
Frequently Asked Questions
Here are some frequently asked questions regarding making a medical misdiagnosis claim. If you have any other queries about the process, please don’t hesitate to chat with our helpful advisory team.
What Is The Difference Between Misdiagnosis And Delayed Diagnosis?
The difference between misdiagnosis and delayed diagnosis is that a misdiagnosis occurs when a medical professional identifies the wrong condition, whereas a delayed diagnosis occurs when a correct diagnosis is made much later than it should have been.
Can A GP Misdiagnosis Lead To Compensation Claims?
Yes, a GP misdiagnosis can lead to compensation claims if their incorrect, missed, or delayed diagnosis results from substandard care and leads to avoidable patient harm.
Who Is Responsible For Medical Misdiagnosis Claims?
Who is responsible for medical misdiagnosis claims depends on where the treatment occurred: NHS Resolution handles cases on behalf of NHS trusts, while insurers typically act for private healthcare providers and practitioners.
Can Compensation Cover Additional Medical Treatment?
Yes, compensation can cover additional medical treatment that you had to pay out of pocket for, provided it is a direct result of the unnecessary pain and suffering you experienced.
How Long Do Misdiagnosis Claims Take?
Generally, how long misdiagnosis claims take to settle depends on factors such as the other party’s willingness to admit liability or agree to a mutually acceptable compensation figure.
Learn More
You can read some of our medical negligence claims guides by clicking below:
- Find out if you could claim for wrongly prescribed antidepressants with this guide.
- Learn more about what to do if a hospital missed a lumbar fracture and caused you avoidable harm.
We have also provided some external resources for more information:
- Learn what constitutes good medical practice from the General Medical Council (GMC).
- The Care Quality Commission are the regulator for health and adult social care in England. You can learn about the work they do on their website.
Thank you for taking the time to read our guide to medical misdiagnosis claims, together with our *illustrative case study. You can get more information, as well as a free eligibility assessment, by talking to our advisory team today. You can reach an advisor 24 hours a day via the contact information given above.