Misdiagnosis claims

In most cases, you have three years from your date of knowledge to make a misdiagnosis claim. Your date of knowledge is the date you first became aware, or could reasonably have become aware, that a misdiagnosis caused your harm. This is not necessarily the date the misdiagnosis occurred. If the person affected was under 18 at the time, the three-year period typically begins on their 18th birthday, giving them until their 21st birthday to bring a claim. If the affected person lacks mental capacity, there is no time limit. If you’re unsure where you stand, our team can advise you based on your specific circumstances.

In our experience, the most common misdiagnosis causes include:

Improper testing

Medical negligence

Failing to recognise symptoms

Misinterpreting lab results

Over the years, we have settled many medical misdiagnosis claims. Claims we have handled include:

Cancer Misdiagnosis

Delayed Diagnosis

Complete Misdiagnosis

Misdiagnosis can manifest in several ways, but some common occurrences include:

Misinterpreting or inadequately assessing test results

Pregnancy-related misdiagnoses

Failure to diagnose fractures, such as missing a fracture during imaging tests like X-rays or MRIs

Conducting insufficient tests and investigations into the patient’s symptoms

Allowing a serious illness to progress unchecked or without proper identification

Prescribing incorrect medication

Misinterpreting or inadequately assessing test results

Failing to consider alternative or differential diagnoses adequately

Delaying treatment due to misdiagnosis

Each misdiagnosis claim presents its own set of circumstances. When a person’s complex and unique medical history is involved, these types of claims can be particularly challenging. That’s why it is important to seek guidance from medical misdiagnosis solicitors who have first-hand experience in handling the complexities of such claims.

In our experience, the most commonly misdiagnosed conditions include various types of cancer. Bowel cancer is frequently mistaken for irritable bowel syndrome, and pancreatic cancer is sometimes confused with gallstones. We have also seen skeletal injuries incorrectly treated as muscle pain, and serious infections overlooked or attributed to less serious causes. These are examples from our own caseload, and the range of conditions that can be misdiagnosed is wide. If you believe you’ve experienced a misdiagnosis, please get in touch and we’ll help you understand whether you may have a claim.

If you believe a healthcare professional has misdiagnosed your condition, or that a diagnosis was significantly delayed, there are steps you can take now that will help both your health and any potential claim.

Seek a second medical opinion as soon as possible, particularly if your concerns haven’t been taken seriously or your symptoms continue to worsen. Request copies of your medical records, test results, and any letters between healthcare professionals. Keep a clear record of your symptoms, the appointments you attended, and any costs you’ve incurred as a result of the misdiagnosis. And speak to a specialist misdiagnosis solicitor as early as you can.

Taking early action protects your legal position and means our team can assess your case while the evidence is still clear. You don’t need to have everything worked out before you get in touch. Many of the people who come to us are still unsure whether what happened to them qualifies as negligence. That’s exactly what our first conversation is for.

At Fletchers we work on a no win no fee basis, as we understand the stress and suffering a misdiagnosis has caused you. This means that there are no upfront costs when you make a medical misdiagnosis claim with Fletchers Solicitors.

The time it takes to resolve a misdiagnosis claim depends on the complexity of the medical evidence involved and whether the healthcare provider admits liability. Straightforward cases where fault is acknowledged can sometimes be resolved within one to two years. More complex cases, particularly those involving serious conditions such as cancer where causation needs to be carefully established, can take longer. Our team will keep you updated throughout and work to progress your case as efficiently as possible.

We handle the evidence-gathering process for you, so you don’t have to manage it on your own. This includes requesting your medical records, test results, referral letters, and any correspondence with your healthcare team, and working with independent clinical experts to assess whether the standard of care fell below what was expected. Evidence in a misdiagnosis claim may include medical records and imaging, GP and hospital correspondence, expert clinical opinion, a personal statement from you about the impact of the misdiagnosis, and proof of financial losses such as lost earnings or additional treatment costs.

Yes. Misdiagnosis claims can be made against GPs, hospital doctors, specialists, and any other healthcare professional whose failure to diagnose accurately or promptly caused you harm. Claims against GPs are typically handled through their medical defence insurer rather than NHS Resolution, as GPs are independent contractors rather than NHS employees. Our team has experience handling misdiagnosis claims across all clinical settings and will advise you on the correct route for your specific circumstances.

Yes. If the person affected by the misdiagnosis is a child, a parent or guardian can bring a claim on their behalf at any point before the child turns 18, after which the child has three years to bring their own claim. If the affected person lacks mental capacity, a family member, carer, or appointed representative can bring a claim on their behalf, and in these circumstances there is no time limit. Our team has extensive experience supporting families through misdiagnosis claims of this kind, with the sensitivity they deserve.