Misdiagnosis Claims
Whether a wrong diagnosis or a delayed diagnosis — can have devastating consequences. When a condition goes undetected or is incorrectly identified, treatment is either delayed or entirely inappropriate, and the patient suffers harm that should never have occurred. If you have been affected by a misdiagnosis, you may have a valid misdiagnosis claim for medical negligence compensation.
At Curtis Legal, we specialise in misdiagnosis claims on behalf of clients and their families across England and Wales. We act on a no win, no fee basis, so there is no financial risk to you in pursuing a misdiagnosis claim.
Talk to Simon Jenkins — Free Case Assessment Our team will give you an honest view of your claim with no obligation. No win no fee for qualifying cases.
What Is a Misdiagnosis Claim?
A misdiagnosis claim arises where a healthcare professional has either diagnosed the wrong condition or failed to diagnose the correct condition within a reasonable timeframe, and that failure has caused harm.
There are three main types of misdiagnosis that can give rise to a claim:
Wrong diagnosis. The patient is told they have a condition they do not have, leading to unnecessary treatment with its own risks and side effects, while the actual condition goes untreated.
Delayed diagnosis. The correct diagnosis is eventually reached, but only after an unreasonable delay during which the patient’s condition has worsened significantly. Cancer misdiagnosis claims frequently involve delayed diagnosis.
Missed diagnosis. The condition is never identified at all, typically because symptoms were dismissed, tests were not ordered, or results were misread or not acted upon.
In all three scenarios, the question for a misdiagnosis claim is whether a competent healthcare professional in the same circumstances would have reached the correct diagnosis sooner — and whether the delay caused additional harm.
When Do Misdiagnosis Claims Succeed?
Not every misdiagnosis gives rise to a successful misdiagnosis claim. A misdiagnosis claim is likely to succeed where the care provided fell below the standard that a responsible healthcare professional would have delivered, and where that failing caused harm.
Common situations that give rise to misdiagnosis claims include:
- Cancer diagnosed at a later stage than it should have been due to missed or misread test results
- Failure to refer a patient to a specialist when symptoms warranted further investigation
- Misreading of X-rays, scans, or biopsy results
- Dismissing symptoms as benign without adequate investigation
- Failure to follow up on abnormal test results
- Incorrect diagnosis leading to unnecessary surgery or medication
- Failure to consider the correct diagnosis in light of the patient’s full clinical history
Where any of these failures occurred and caused your condition to worsen, your treatment to be delayed, or unnecessary harm to be caused, there may be strong grounds for a misdiagnosis claim.tment to be delayed, or unnecessary harm to be caused, there may be strong grounds for a misdiagnosis claim.
Talk to Simon Jenkins — Free Case Assessment
Our team will give you an honest view of your claim with no obligation. No win no fee for qualifying cases.
What You Should Do If You Suspect a Misdiagnosis
If you believe you or a loved one has suffered harm as a result of a misdiagnosis, these steps will help protect your misdiagnosis claim.
Request Your Medical Records
These include GP notes, referral letters, test results, scan reports and specialist correspondence. They are essential to any misdiagnosis claim and will show what information was available to the clinician and when.
Keep a Detailed Record
Note the timeline of your symptoms, consultations and diagnoses. Record what you were told at each stage and by whom. This information is valuable when building your misdiagnosis claim.
Contact a Specialist Solicitor
Our team will review the circumstances with you, explain what the records should show, and give you an honest view of whether a misdiagnosis claim is likely to succeed — at no cost and with no obligation.
What We Need to Prove in a Misdiagnosis Claim
To bring a successful medical negligence claim for misdiagnosis, we will need to establish three things:
Duty of care. The healthcare professional had a legal duty to provide a proper standard of care. This is almost always straightforward to establish once the care relationship is confirmed.
Breach of duty. The diagnosis provided — or the failure to diagnose — fell below the standard a reasonable, competent healthcare professional would have achieved. In misdiagnosis claims, independent medical expert evidence is usually required to establish what the correct diagnosis should have been and when it should have been reached.
Causation. The delayed or incorrect diagnosis directly caused or materially contributed to the harm suffered. This is often the most complex element of a misdiagnosis claim — we need to show not just that the diagnosis was wrong, but that an earlier or correct diagnosis would have led to a materially better outcome.
The time limit for bringing a misdiagnosis claim is generally three years from the date you became aware that your condition was caused or worsened by a misdiagnosis. Where a loved one has since passed away, different rules apply and you should contact us promptly.
Misdiagnosis Claims — Common Conditions
Misdiagnosis claims arise across a wide range of conditions. Some of the most common include:
- Cancer misdiagnosis — breast cancer, bowel cancer, lung cancer, skin cancer, and cervical cancer are among the most frequently misdiagnosed conditions
- Heart attack and cardiac conditions — symptoms dismissed as musculoskeletal or anxiety
- Stroke — delayed diagnosis leading to avoidable permanent disability
- Meningitis — failure to recognise symptoms leading to catastrophic outcomes
- Appendicitis — delayed diagnosis leading to rupture and serious complications
- Ectopic pregnancy — failure to diagnose leading to life-threatening internal bleeding
- Deep vein thrombosis and pulmonary embolism — missed diagnosis leading to avoidable death
If your condition does not appear on this list, please still contact us. Misdiagnosis claims can arise from any condition where an earlier or correct diagnosis would have led to a better outcome.
Our No Win, No Fee Promise
We act exclusively on a conditional fee agreement — commonly known as no win, no fee. This means:
- There are no upfront costs to pay
- If your misdiagnosis claim is unsuccessful, you pay nothing — we absorb all the costs incurred
- If your claim succeeds, we recover our base costs from the other side, and under the terms of the agreement we are entitled to a success fee. This is capped at 25% of the damages awarded, and certain elements of your compensation are ring-fenced so you receive 100% of those amounts
- We guarantee that in the event of a successful outcome, you will receive at least 75% of the total compensation awarded
There is no financial risk to you at any stage of your misdiagnosis claim.
What Our Clients Say
“The service I received was excellent. The person who dealt with the case was very helpful and I would have no hesitation in recommending your services.”
“Excellent service throughout. The person who dealt with my matter was excellent and very helpful. I was very happy with the time it took and the outcome. There was no fuss and no trouble and not much work to be done by me as Curtis Legal did all the work on my behalf.”
“The service that I received was excellent with good solid advice. The person dealing with the matter was great support and very helpful. I would definitely use your service again but I hope I don’t have to.”
Frequently Asked Questions
Can I claim if the correct diagnosis was eventually reached?
Yes. The fact that the correct diagnosis was eventually made does not prevent a misdiagnosis claim. What matters is whether the delay in reaching that diagnosis caused your condition to worsen or your treatment options to be reduced.
How long does a misdiagnosis claim take?
Misdiagnosis claims typically require independent medical expert evidence, which can take time to obtain. Many cases resolve within 18 to 24 months, though complex or disputed claims can take longer.
Can I bring a misdiagnosis claim on behalf of a family member who has died?
Yes. Where a loved one has passed away as a result of a misdiagnosis, it may be possible for the estate or family to bring a fatal medical negligence claim. Time limits are strict — please contact us promptly.
What if the misdiagnosis happened at my GP surgery rather than a hospital?
The same legal framework applies. GPs owe the same duty of care as hospital clinicians and can be held liable for misdiagnosis claims where their standard of care fell below what was reasonable.
Does the doctor or hospital have to admit fault?
No, not initially. We will set out the allegations in a formal letter of claim and the other side has a period in which to investigate and respond. Many misdiagnosis claims settle without the need for court proceedings.
Speak to Simon Jenkins and the Team Today
If you believe a misdiagnosis has caused you or a loved one harm, do not wait. Time limits apply to misdiagnosis claims and early action preserves the best evidence.
Call us free on 0800 214 216 for a confidential conversation with no obligation. Alternatively, email [email protected] or complete our online enquiry form and we will call you back the same day.
Curtis Legal Ltd is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 450129.
Simon Jenkins has over 30 years of experience in probate, estate administration, medical negligence and personal injury. All articles on this site are written or reviewed by Simon before publication.
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