Misdiagnosis Claims

With any type of medical condition, a fast, accurate diagnosis is often essential to help minimise any long-term negative effects of the illness. If a condition is misdiagnosed, it may mean treatment is delayed (causing the disease to worsen), the wrong treatment is given (causing unintended side effects) or the opportunity to provide effective treatment is missed entirely.

If you or a loved one have suffered as a result of a medical misdiagnosis and you believe this could be due to negligence, you may be able to claim compensation. This can often be essential to ensuring you or your loved one are able to get all the help and support needed for recovery and to deal with any long-term impact on your or their health and lifestyle.

Wolferstans’ medical negligence solicitors have helped a number of clients to secure substantial compensation for misdiagnosis negligence over the years. We know exactly what it takes to succeed with these often complex claims and can give you the best chance of a fair outcome under even the most difficult circumstances.

At the outset, we will give an honest assessment of your chances of success and a highly accurate valuation for your claim. This will allow you to move forward with a clear picture of what you can expect from the claims process.

We place a strong emphasis on non-confrontational dispute resolution, so can usually resolve misdiagnosis claims without the need for you to attend court. This is not only less stressful for you, but is also usually faster and less expensive.

We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.

To arrange your consultation please contact the new client team on 01752 648881.

Our medical misdiagnosis claims service

We work with clients across England and Wales on all types of medical misdiagnosis compensation claims, including those related to:

Read about some of the cases we have successfully pursued in relation to misdiagnosis negligence claims.

How misdiagnosis compensation claims work

Our clinical negligence lawyers will expertly guide you through every stage of the claims process, helping to make it as simple and straightforward as possible.

A typical misdiagnosis negligence claim will involve:

  • Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
  • Contacting the relevant healthcare provider with the details of your claim.
  • Ensuring the defendant responds to your claim in a timely fashion.
  • Assessing the defendant’s response and advising you of your options.
  • Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
  • Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.

Find out more about the process of making a clinical negligence claim.

Funding a misdiagnosis compensation claim

It’s understandable to have concerns about the costs involved with making a medical misdiagnosis claim, but this should never be a reason to put it off. This is because, as long as we believe your claim justifies further investigation, we will find a funding plan that matches your circumstances.

For many of our clients, the simplest option is to use a conditional fee agreement. Commonly called ‘no win, no fee’ this approach means you will only have to pay your legal costs and expenses if we secure compensation for you. With nothing to pay at the outset, there is therefore nothing to stop you pursuing a valid claim.

With a no win, no fee medical misdiagnosis claim, the final costs you pay in the event of a successful claim will be based on a pre-agreed percentage of the damages. This means you will always have complete transparency and are guaranteed to keep the majority of your compensation.

Another option to cover the cost of a misdiagnosis negligence claim is legal expenses insurance. Commonly offered as an optional extra with home insurance policies, as well as with some bank accounts and credit cards, this can be a good option depending on your circumstances.

To discuss your options for covering the cost of a misdiagnosis negligence claim, please don’t hesitate to get in touch.

Find out more about funding a medical negligence claim.

Our expertise in misdiagnosis claims

Our clinical negligence lawyers have been helping clients to pursue misdiagnosis negligence claims for many years, establishing a strong track record of success in that time. We have secured significant damages both in court and out of court, making us the reliable choice, no matter how complex or contentious your claim.

Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.

Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.

Find out more about our medical negligence claims team.

Read our client testimonials.

Common questions about negligent misdiagnosis claims

You will usually have 3 years to bring a claim for a medical misdiagnosis you experienced, dated either from when the misdiagnosis occurred or when you became aware of it.

However, there are circumstances where the time limit can differ, usually where you are making a claim on behalf of someone else. It is therefore worth speaking to one of our medical negligence team no matter how long ago the misdiagnosis occurred.

  • If you need to make a claim for someone under 18, you will normally have until they turn 18 to do so. After this, they will need to bring a claim of their own and will have until their 21st birthday to do this.
  • If you need to make a claim for someone without the mental capacity to do so themselves, there is normally no time limit to bring the claim.
  • If you need to bring a claim with respect to someone who died due to misdiagnosis negligence, you will normally have 3 years from the date of death to do so. You will usually need to be a dependant or representative of their estate to be eligible.

This will depend on various factors, including the extent of the damage to your/your loved one’s health and lifestyle, as well as what costs you have incurred as a result of the injuries caused by the misdiagnosis.

You can normally claim two types of damages for a negligent misdiagnosis:

Special damages – Covering specific financial losses incurred up to the date of settlement e.g. paying for private treatment, buying special equipment and replacing lost income.

General damages  – Covering non-financial losses e.g. compensation for pain and suffering and changes to your lifestyle, plus expected future financial losses e.g. paying for ongoing care support.

For a misdiagnosis to be considered negligent (and therefore eligible for compensation) we will need to show:

  • That the medical care provided fell below acceptable standards i.e. no equivalent professional in the same circumstances would have made the same mistake.
  • The misdiagnosis caused a worse outcome than could have been achieved if a correct diagnosis had been made at the time.

Proving this will usually rely on various types of evidence, including:

  • Medical records
  • Witness evidence
  • Evidence from independent medical experts

Further information about misdiagnosis claims

For more information about negligent misdiagnosis compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Start a misdiagnosis claim with us today

To arrange a free initial no obligation consultation and find out more about starting a misdiagnosis negligence claim:

To arrange your consultation please contact the new client team on 01752 292204.