Fletchers Solicitors
Serious Injury and Medical Negligence
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Misdiagnosis Claims

Sarah's Story: Misdiagnosis claim following the death of her husband

Misdiagnosis Claims


Misdiagnosis forms the basis of the largest percentage of medical negligence compensation claims. The annual report from NHS Resolution indicated that 40% of notified claims related to wrong, failed or delayed diagnosis.


The consequences of misdiagnosis can be devastating and lead to delays in patient’s receiving the treatment they require and the.


What is a misdiagnosis claim?


While we enjoy a health service that’s second to none, the fact of the matter is that every now and then a doctor, a dentist, a surgeon, or any other practitioner or clinician can make a mistake, and that can have painful, lasting consequences for the sufferer.


Whilst diagnosis may be difficult in some circumstances, a treating clinician has a duty to consider all reasonable causes for your condition and to take steps to exclude or confirm any potential diagnosis.  Some conditions may have similar signs or symptoms and in those circumstances a “differential” diagnosis would be appropriate.


We have a unique understanding of this area as we’ve had years of experience in dealing with all the different aspects of misdiagnosis claims and medical negligence.


Misdiagnosis has many different forms but some of the most common we see are:


  • A serious illness is allowed to progress unchecked or without being correctly identified
  • Wrong medication is prescribed  due to the misdiagnosis of the condition. This could result in a worsening or prolonging of your ailment.
  • Test results are misinterpreted or not properly assessed
  • Inadequate consideration is given to alternative or differential diagnoses
  • there is a failure to interpret test results correctly;
  • Your treatment is delayed because of misdiagnosis so your condition gets worse. Misdiagnosis in pregnancy related cases can result in damage to the mother and to the unborn baby.
  • You are not sent for the tests you need to fully determine or cure your condition.

How can I make a claim for misdiagnosis?


We know how stressful and consuming a legal claim can be and that’s why we’re here to take that stress away from you and deal with your claim. Our expert legal team will not only fight for justice for you but will also be on hand to offer advice and support throughout your case whether that be related to your claim,  recovery/rehabilitation needs,  or just to answer any questions you may have.


To start your claim contact our specialist team and they will discuss your case with you.


Is there a time limit on Misdiagnosis Claims:

It is important to remember that a claim for any misdiagnosis must be made within three years of the event. If the affected person is a child, then they have three years from the date of their 18th birthday. Fatal cases and cases in which the injured person lacks mental capacity (either before or as a result of the accident) can differ and you should contact our legal team for advice.

If you have suffered due to misdiagnosis then we recommend that you get in touch with us as soon as possible so we can start your fight for justice and ensure you get the right level of compensation to help you rebuild your life after serious injury.


Contact us today to find out how we can guide you through the legal process.

Call us now on 0330 013 0251 or start your claim today with our online form.