By Stephen Hudson. Last Updated 18th September 2024. This guide looks at misdiagnosis claims. If you come to avoidable harm due to a medical professional’s breach of duty of care, you could be eligible to start a medical negligence claim.
We explain when you might have valid grounds to claim for a doctor misdiagnosis and look at a few examples of the evidence you could use to support your case. Additionally, we also provide a few examples of when a doctor may have been negligent.
You may wonder how much compensation for a misdiagnosis could be awarded in a successful claim for medical negligence. If so, this guide could help as it will discuss how misdiagnosis compensation claim settlements are calculated and what they could include.
If you are eligible for compensation, you may like to have legal representation during the claiming process. This guide concludes with a look at the benefits of having the support of a No Win No Fee medical negligence solicitor specialising in medical negligence.
You can also watch our video below which explains the key takeaways from our guide:
Our advisors can answer any questions you have about claiming. They can also assess whether you have an eligible case and provide a free claim valuation. To get in touch:
- Fill in our ‘claim online’ form for a call back.
- Call 0800 073 8804
- Use our live webchat.
Select a Section
- Suing For Misdiagnosis – Potential Compensation Payouts
- Eligibility Criteria For Misdiagnosis Claims
- How Long Do I Have To Make A Misdiagnosis Claim?
- What Evidence Do You Need To Make A Misdiagnosis Claim?
- Types of Clinical Negligence Misdiagnosis Claims
- My Doctor Misdiagnosed Me, Can I Work With A No Win No Fee Solicitor?
- Useful Links on Making A Misdiagnosis Claim
Suing For Misdiagnosis – Potential Compensation Payouts
If a medical misdiagnosis claim is successful, the amount of compensation that is awarded can depend on two different types of damages. These damages are known as special and general.
All successful claimants will receive a general damages payout. General damages cover the psychiatric and financial effects you have experienced due to medical misdiagnosis. Some of these effects include:
- Whether you can make a full recovery, and if so, how long your recovery time is.
- Loss of amenity.
- Your pain severity.
During the medical misdiagnosis claims process, you might have an independent medical assessment to help evaluate your harm. The reports from this can be looked at with the Judicial College Guidelines (JCG).
The JCG is a document containing guideline compensation awards for all kinds of psychiatric and physical harm.
Compensation Table
In the table below, you can find just some types of harm which could possibly be suffered following a misdiagnosis. The guideline compensation figures, except for the first, are from the JCG.
However, no set amount of misdiagnosis compensation can be guaranteed for your specific claim if you are successful. This is because all cases are unique.
| Injury Type | Severity | Compensation Bracket |
|---|---|---|
| Multiple Severe Forms Of Harm & Special Damages | Serious | Up to £1,000,000+ |
| Sight | Total blindness (b) | In the region of £327,940 |
| Kidney | Loss or serious and permanent damage (a) | £206,730 to £256,780 |
| Reproductive System: Female | Infertility (a) | £140,210 to £207,260 |
| Reproductive System: Male (a) | Total loss of reproductive organs (a) | In excess of £187,790 |
| Bowel | Total loss of natural function (b) | Up to £183,190 |
| Chest | Total removal of one lung (a) | £122,850 to £183,190 |
| Deafness | Total deafness and loss of speech (a) | £133,810 to £171,680 |
| Bladder | Complete loss of function and control (b) | Up to £171,680 |
How Much Compensation For A Misdiagnosis Can Be Awarded In The Form Of Special Damages?
Only some successful claimants will receive a special damages payout. Special damages cover the financial losses you have experienced due to medical misdiagnosis. Some examples of the expenses you could be compensated for include:
- Loss of earnings if you required time off work to recover from the harm you suffered.
- Medical costs, such as paying for prescriptions.
- The cost of childcare and help with housekeeping.
You will need to provide evidence of these losses in order to claim for them under special damages. A copy of your bank statements, invoices and payslips are examples of evidence you could use.
If you are still wondering “How much compensation for misdiagnosis could I receive?”, please don’t hesitate to have a chat with our advisors. If your misdiagnosis claim is valid, our solicitors can talk to you in more detail about how compensation is calculated.
Eligibility Criteria For Misdiagnosis Claims
Each and every medical professional owes a duty of care to their patients. As part of this duty, they should ensure that the care they provide meets the correct standard and doesn’t cause unnecessary harm.
To be eligible to make a misdiagnosis claim, your case would have to meet certain criteria:
- You were owed a duty of care by a medical professional.
- This duty of care was breached.
- You suffered avoidable harm due to the breach.
Not all incidents where someone receives the wrong diagnosis would automatically mean that misdiagnosis compensation could be claimed. In some cases, the correct standard of care may have been provided, but other factors impacted the medical professional’s ability to give the right diagnosis.
To find out whether you’re eligible to make a medical misdiagnosis claim, you can contact our advisors for free either online or by calling us.
How Long Do I Have To Make A Misdiagnosis Claim?
Generally, you have three years to start a medical misdiagnosis claim. This time limit applies to all medical negligence claims and is outlined by the Limitation Act 1980. Normally, you can start a claim within three years of suffering the harm or within three years of connecting the harm you suffered with negligence; this is called the date of knowledge.
However, there are some exceptions to this rule. You may be able to claim medical misdiagnosis compensation outside the time limit if you:
- Were under the age of eighteen: If you were harmed while under the age of eighteen, the time limit doesn’t start until your eighteenth birthday. Otherwise, a litigation friend can claim on your behalf before you turn eighteen.
- Lack the mental capacity to claim for yourself: If you lack the required mental capacity to start a claim for yourself, a litigation friend can claim on your behalf at any time. Otherwise, the time limit will only begin if you recover the needed capacity and will run from this date of recovery.
To find out if you are within the correct time limit to make a medical misdiagnosis compensation claim, contact our team today.
What Evidence Do You Need To Make A Misdiagnosis Claim?
Supporting evidence will form a key part of your misdiagnosis claim. The purpose of this proof is twofold. First, you will need to demonstrate that the medical professional or professionals failed to provide the correct standard of care. Second, your supporting evidence will show the extent of the avoidable harm caused, which will be useful when calculating a potential compensation figure.
We have provided a few examples of evidence you could collect here:
- Medical records such as copies of scans, test results, and examination notes that show the correct standard of care was not met during the diagnosis. You can also provide records from any additional treatment you underwent for the avoidable harm sustained.
- It is also advisable to keep a diary during your treatment, making particular reference to the procedures you had, tests that were done and what symptoms you experienced.
- Anyone who attended your appointments with you could act as a witness. Be sure to take down their contact information so they can give a statement at a later date.
Will The Bolam Test Be Used In My Misdiagnosis Claim?
The Bolam test can be used during a misdiagnosis lawsuit, but not in every case. The test involves a panel of relevantly trained medical professionals assessing the care you received and determining whether or not the correct standard was met.
This isn’t something you need to worry about organising yourself. However, if the test is used, any findings from it can form a part of your evidence.
To ask our advisors, “Can you sue a doctor for misdiagnosis?” or to get a free assessment of your eligibility, call the team today using the contact information provided below.
Types Of Clinical Negligence Misdiagnosis Claims
If you want to sue a hospital, or other medical institute, for a misdiagnosis, you first may be wondering, ‘what is a misdiagnosis?’.
A misdiagnosis is when someone may be diagnosed with a medical condition they do not suffer from. This could be due to a variety of reasons, such as failure to recognise symptoms.
There are various different types of misdiagnosis claims, such as:
- Total misdiagnosis – This is when a doctor fails to diagnose the symptoms of an existing illness or condition. This could lead to the patient receiving incorrect or delayed treatment, which could make their condition worse.
- Cancer misdiagnosis – This is when a medical practitioner misdiagnoses your cancer as a different condition. For example, you see your doctor about lumps in your breast. They only perform a physical inspection, and do not order any further tests. They then misdiagnose your breast cancer as inflamed lymph nodes.
- Fracture misdiagnosis – This is when your fracture is misdiagnosed as something else, such as a sprain or strain. For example, you got to the hospital with clear symptoms of a broken wrist. The doctor on hand does not order an x-ray scan and diagnoses you with a sprained wrist.
However, when suing for a misdiagnosis, you must prove that you suffered unnecessary harm due to a medical professional breaching their duty of care to you.
If they took all the necessary steps, and you were still misdiagnosed, you might not be able to make a claim.
Contact our advisors today if you are wondering, ‘can I sue a doctor for a misdiagnosis?”.
My Doctor Misdiagnosed Me, Can I Work With A No Win No Fee Solicitor?
Now that you’ve learned more about how to make a medical misdiagnosis claim, you might be wondering how a medical negligence solicitor could help you.
Our expert medical negligence solicitors work on a No Win No Fee basis, which means you can access their services without paying any upfront or ongoing fees. Similarly, if your medical misdiagnosis claim doesn’t succeed, then you won’t be charged a fee for your solicitor’s work. This is possible with the help of a Conditional Fee Agreement (CFA.)
Successful claimants only need to pay a success fee for their solicitor’s work. This fee is taken as a small percentage of your compensation, and your solicitor takes it directly. However, the percentage that they can take is limited by a legal cap, which helps to make sure that you take home the majority of what you receive.
Our expert misdiagnosis solicitors are here to help if you have suffered unnecessary harm as a result of medical negligence.
When you contact our team of advisors, they can evaluate your claim for misdiagnosis compensation, and can connect you with one of our solicitors if it is valid. To get started:
-
- Start your claim online
- Call 0800 073 8804
- Use our live webchat
Useful Links On Medical Misdiagnosis Claims
- Hospital Negligence Claims Explained: Check out this guide to learn more about claiming for negligence which you experienced within a hospital.
- A Guide To Dental Negligence Claims: This guide looks in-depth at making a claim for different types of dental negligence.
- Birth Injury Claims Explained: Read this guide to learn more about claiming for injuries which occurred during a child birth due to medical negligence.
- A Guide To The NHS Complaints Procedure: Check this online Government guide to learn how to make a formal complaint about an NHS service.
- Search For NHS Services In Your Local Area: You can use this section of the NHS website to search for different types of health services near your location.
We hope this guide on how to make misdiagnosis claims has been helpful for you.
If you would like to speak to an advisor about seeking delayed treatment compensation or making medical misdiagnosis claims, then you are welcome to contact Legal Expert today.
You can speak to our team by using the contact details included in this guide.
