By Danielle Jordan. Last Updated 19th December 2024. In this guide, we will explain how to sue the NHS for misdiagnosis. If you can prove that you’ve been mistreated at a hospital or negatively impacted by a misdiagnosis that was caused by negligence, you may be able to claim compensation.
When you seek medical attention, you’re entitled to a minimum standard of care from the healthcare provider treating you. If they fail to provide this, it could cause your condition to worsen. We will look at what the impact of a misdiagnosis can be and the circumstances that could entitle you to claim.
Our advisors offer free legal advice so, if you have any questions or queries, such as wanting to know if you’re eligible to claim for an internal organ injury misdiagnosis, please get in touch. They’re available 24/7 and can put you through to a solicitor in just a few minutes. Contact us today using the details below.
- Call us using 0800 073 8804
- Write to us describing your injury details using info@legalexpert.co.uk
- Use our online contact form on our website
- Use the live chat window that you can see on your screen
Furthermore, please read on to learn more about claiming for medical misdiagnosis.
Select A Section
- Can I Sue The NHS For A Misdiagnosis?
- What Is Medical Misdiagnosis?
- What Are The Most Commonly Misdiagnosed Medical Conditions?
- Causes Of Misdiagnosis In Healthcare
- How To Sue The NHS For Misdiagnosis And Its Effects
- How Do I Prove An NHS Misdiagnosis Compensation Claim?
- How Much Compensation Could I Get For An NHS Misdiagnosis?
- How To Sue The NHS For Misdiagnosis With A No Win No Fee Solicitor
- Resources When Claiming Against The NHS
Can I Sue The NHS For A Misdiagnosis?
You may be wondering whether you could sue the NHS for misdiagnosis. To be eligible to make a medical negligence claim, you will need evidence that proves your case meets the required criteria. This means that you need to prove that you were owed a duty of care by a medical professional and that when this was breached, you suffered avoidable harm.
All medical professionals, whether they work as part of the public or private healthcare sector, owe their patients a duty of care. Per their duty of care, they must ensure that you receive the correct standard of care when they are treating you as their patient. If they breach this duty, you could suffer unnecessary harm and may be able to make a medical negligence claim.
However, there may be certain instances where you receive a misdiagnosis, but a medical professional did not breach their duty of care. In this instance, you might not be eligible to make a medical negligence claim.
If you have any questions about claiming for an NHS misdiagnosis for compensation, get in touch with one of our advisors.
How Long Do I Have To Claim NHS Misdiagnosis Compensation
An important part of suing the NHS for misdiagnosis is making sure that you start your claim within the correct time limit.
Usually, you’ll have three years to start your NHS misdiagnosis compensation claim. This will begin either on the date that the negligence occurred, or the date that you connect the harm you have suffered with negligence. This is called the date of knowledge.
The time limit for these kinds of claims is laid out in the Limitation Act 1980, along with the exceptions to this rule.
For example, those under 18 can’t make their own medical negligence claim, so the time limit doesn’t begin until their eighteenth birthday. A litigation friend can claim on their behalf at any point up until they turn eighteen.
Likewise, those who lack the mental capacity to make their own claim aren’t affected by the time limit. Since they cannot claim for themselves, a litigation friend can make a claim for them at any point, unless they regain the needed capacity. In these cases, the time limit begins on the date that they recover.
To find out if you can sue the NHS for misdiagnosis, get in touch with our helpful team today.
What Is Medical Misdiagnosis?
A medical misdiagnosis is where you receive a diagnosis that does not accurately reflect the condition you’re actually suffering from. For example, you may be wondering how to sue the NHS for misdiagnosis if your condition has been mistakenly diagnosed as something else, meaning that the treatment you need for your actual condition has been delayed.
All doctors owe their patients a duty of care. This duty of care involves performing their roles to the degree expected of them within the medical profession. You may be able to receive compensation if you can prove that the level of care they provided fell below these standards.
However, it’s important to note that just because you are misdiagnosed by an NHS healthcare provider doesn’t necessarily mean you’ll be able to make a successful claim. This is because complications can arise even when the appropriate level of care is being administered.
As part of a misdiagnosis claim, peers of the medical professional usually review the steps taken in your treatment to determine if they were of an acceptable standard or not. This is referred to as the Bolam Test. If the panel of peers find that the doctor acted outside their duty of care, this could indicate negligence.
What Are The Most Commonly Misdiagnosed Medical Conditions?
Injuries and conditions that could be misdiagnosed include:
- Fractures
- Tendon injuries
- Cancer
- Hip injuries
- Scaphoid injuries
If you could like to know more about claiming compensation for an NHS misdiagnosis, speak to a member of our team today. You can also read on for more information on the kinds of diagnostic errors that could occur.
Causes Of Misdiagnosis In Healthcare
Many factors can cause medical misdiagnosis. For example:
- Misinterpreting a scan or test. For instance, a broken or fractured bone misdiagnosis can be caused by a fracture being missed on an X-ray. If it’s a hairline fracture, these can be difficult to spot.
- Insufficient supervision. Medical professionals may make a mistake because their superiors aren’t available to guide them when diagnosing you. This could particularly be the case with junior doctors and nurses.
- GP negligence. A GP may not pay full attention to you when you’re explaining your condition, which could lead to a misdiagnosis.
- A lack of expertise. Simply put, the doctor or medical professional may not have the training or experience required to diagnose you correctly.
- Incorrect tests. The wrong tests may be ordered, leading to the wrong diagnosis.
- Inaction on behalf of medical professionals. They may not have taken a sufficient medical history to be able to diagnose you correctly.
As we have already mentioned, just because your condition was misdiagnosed does not mean that you are the victim of medical negligence. Some of these causes of misdiagnosis are in direct contrast with the duties of a doctor as outlined by the General Medical Council (GMC), like not listening to the patient’s concerns.
However, some of these might occur even if the right level of care is administered. For instance, your doctor might order the wrong test because you were not exhibiting symptoms typical of your condition.
If you would like to know more about whether you could claim for the harm caused by negligent misdiagnosis, speak to us today.
How Do I Prove An NHS Misdiagnosis Compensation Claim?
Having examined the eligibility criteria to begin an NHS misdiagnosis claim and how such a misdiagnosis could occur, this section looks at what evidence can be used to prove the avoidable harm you suffered was the result of a misdiagnosis.
Possible evidence you could gather can include:
- Medical records: such as the results of tests, copies of scans and any notes from physical examinations. Make sure you have copies of records from both the initial misdiagnosis and the subsequent correct diagnosis, as well as details of any treatments that you had.
- You can also keep a diary during your treatment, making particular reference to your symptoms and mental state.
- If someone attended appointments with you, they could give a witness statement regarding the treatment you received. Make sure you have their up to date contact information so their statement can be taken during the claims process.
To find out more about what evidence you could use to support your claim, or for further guidance on how to sue the NHS for misdiagnosis, get in touch with our advisory team today using the contact information given below.
How Much Compensation Could I Get For An NHS Misdiagnosis?
The amount of NHS misdiagnosis compensation you could potentially receive can depend on a range of things. For example, these might include:
- How much evidence you have
- How severely you were harmed
- Whether or not you suffered financial losses
Because of this, we can’t tell you exactly how much you could receive if your claim against the NHS for a misdiagnosis succeeds. However, we can talk a bit more about how your compensation is calculated.
Generally, the compensation you receive is split into two heads. The first, general damages, is awarded in every successful claim. Under this heading, you can get compensation for the physical and mental harm caused by the misdiagnosis.
When professionals calculate this heading, they can use the Judicial College Guidelines (JCG) to help. This document provides guideline compensation brackets for different injuries and illnesses. You can find some examples of these that could be relevant to misdiagnosis in the table below.
Keep in mind that these are only guidelines and not guaranteed amounts. The first entry in this table has not been taken from the JCG.
| Type of Injury | Guideline Compensation |
|---|---|
| Multiple Instances Of Harm And Special Damages | Up to £1,000,000+ |
| Very Severe Brain Damage (a) | £344,150 to £493,000 |
| Lung Disease (a) | £122,850 to £165,860 |
| Lung Disease (b) | £85,460 to £118,790 |
| Bowels (b) | Up to £183,190 |
| Bladder (b) | Up to £171,680 |
| Leg Amputation (a) (iv) | £119,570 to £162,290 |
| Female Reproductive System (c) | £68,440 to £87,070 |
| Total Loss Of One Eye (d) | £66,920 to £80,210 |
| Total Loss Of Hearing In One Ear (c) | £38,210 to £55,570 |
The second head of claim that you could be entitled to is special damages. Under this heading, you can recoup the financial losses caused by the misdiagnosis. For example, special damages can help cover the cost of:
- Childcare
- Travel
- Prescriptions
- Private medical treatment
- Mobility aids
- Home adjustments
- Professional care
These are only a few examples of the kinds of costs that could be covered by special damages. To learn more, get in touch with our team today.
How To Sue The NHS For Misdiagnosis With A No Win No Fee Solicitor
If you’re interested in making an NHS misdiagnosis claim, our solicitors may be able to help, provided that you have an eligible case. While there is no legal obligation to claim NHS misdiagnosis compensation with a legal professional, we always recommend seeking expert legal advice.
With a solicitor, the misdiagnosis claims process can seem much easier and less stressful. Plus, our solicitors work on a No Win No Fee basis, offering their services through a kind of contract called a Conditional Fee Agreement (CFA).
Under this kind of agreement, they can offer their services without charging you an upfront or an ongoing fee. In fact, you don’t need to pay for their work at all unless the claim succeeds. In this case, your solicitor will deduct a success fee from your compensation.
Contact Us
If you’d like to find out how one of our expert medical negligence solicitors could help you, contact our team of expert advisors. They can answer any questions you might have about making a claim, like “Can I sue the NHS for misdiagnosis?” and “How much NHS misdiagnosis compensation could I receive?” through a free consultation.
To get started:
- Call us on 0800 073 8804
- Use our claim online form
- Use the live chat on your screen now
Resources When Claiming Against The NHS
To know more about medical negligence claims, please use the links below.
- If you’ve broken a bone and want medical guidance, please refer to the NHS website.
- Never events are medical incidents that should never occur if all the proper procedures are followed. To learn more about them, visit this webpage.
- Have you suffered from dental trauma? If so, and you’d like more information, read this NHS guidance.
- If you would like to claim for harm caused by GP negligence, this guide could help.
- To learn more about the time limits for suing the NHS, visit this page.
- Want to know more about the different types of medical negligence claims? If so, visit our webpage.
Other Claims We Could Help You With
- Compensation For A Wrongful Death Claim
- Birth Injury Claims
- Wrong-site Surgery Compensation Claims
- Armed Forces Medical Negligence Claims
- Midwife Diagnosis Claims
For more advice on how to sue the NHS for misdiagnosis, compensation payouts, and making a claim, please get in touch.
