Misdiagnosis or Delayed Diagnosis

What Is a Misdiagnosis or Delayed Diagnosis?

A misdiagnosis happens when a healthcare professional identifies the wrong condition and provides incorrect or unnecessary treatment. A delayed diagnosis means your condition was not identified in time, often leading to more serious complications.

These errors can occur for many reasons, including:

Test results being misread
Symptoms being overlooked
Medical history not being fully reviewed
Failure to order the correct tests, scans, or investigations

Conditions that are often misdiagnosed or diagnosed too late include cancer, strokes, infections, heart attacks, and blood clots. These mistakes can happen in both NHS and private healthcare settings.

In some cases, medical professionals may also fail to explain treatment risks or provide misleading advice — all of which can lead to harm.

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Types of Diagnostic Errors

Diagnostic mistakes can take many forms, such as:

Failing to diagnose a condition in time

Diagnosing the wrong illness or injury

Delaying referral to a specialist

Misinterpreting scans, blood tests, or X-rays

Providing harmful or unnecessary treatment due to an incorrect diagnosis

Failing to act on test results

In severe cases, these errors can be classed as “Never Events” — serious incidents that should never happen when proper care is taken.

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How a Misdiagnosis Claim Can Help

A medical negligence claim can help you move forward and access vital support. While NHS care is usually free at the point of use, compensation can ease the financial pressure that often follows a medical mistake.

Medical Expenses

Covering the cost of private treatment, ongoing care, and rehabilitation where needed.

Lost Earnings

Helping to replace lost income if your condition meant time away from work or affected your ability to earn in the future.

Pain and Suffering

Recognising the physical and emotional impact of your experience, including any avoidable pain or distress.

Rehabilitation Support

Funding therapy or support services that aid your recovery, such as physiotherapy or counselling.

Long-Term Care

Providing for future care needs if the misdiagnosis or delay has led to lasting damage or disability.

How to Make a Misdiagnosis or Delayed Diagnosis Claim

Here’s how the claims process works:

Seek Medical Attention

Get the treatment you need and make sure all symptoms, tests, and outcomes are recorded.

Gather Evidence

Collect medical records, test results, and any notes that show how the error occurred and how it affected you.

Speak to a Specialist Solicitor

Our team at CEL Solicitors has experience with complex diagnostic error cases. We’ll guide you clearly through every step.

Initial Consultation

We’ll review your case, explain your legal rights, and advise on what compensation you may be entitled to.

Claim Filing

We’ll prepare the legal documents needed to start your claim and outline the impact the error has had on your life.

Negotiation and Settlement

Most cases settle before reaching court. We’ll negotiate on your behalf to secure the right outcome.

Court Proceedings

If needed, we’ll take your case to court and work with expert barristers to present your case.

We’ve already helped thousands of people across the UK.

Speak to our friendly team today. You are not alone, and you may have a case.

Frequently Asked Questions

Your questions, answered.

What is medical negligence?

Medical negligence occurs when a healthcare professional fails to meet the expected standard of care, leading to harm. This can include incorrect or delayed diagnoses, inappropriate medication durations, or errors during medical procedures. If the care provided falls below the standard and results in worsening your condition or injury, it may constitute medical negligence.

Can I access my medical records?

Yes, you have the right to access your medical records. You can request them from any medical institution you have visited, including your GP, hospitals, and other care providers. This is important for reviewing your treatment and supporting your claim.

Can I make a claim on behalf of someone else?

Yes, you can make a claim on behalf of someone else if you are a family member or carer. This is possible if the person is under 18, lacks the capacity to make a claim, or has died due to the negligent treatment.

Do I need to make a formal complaint before making a claim?

No, a formal complaint is not required before filing a claim. However, if you have already complained, we will need to review the response. If you wish to make a complaint, follow the process outlined by the medical institution or consult NHS Patient Advice & Liaison Service (PALS) if applicable.

How can I fund my medical negligence claim?

You can fund your claim through various methods: a no-win, no-fee agreement, private funding, or legal expenses insurance. We will discuss these options with you to find the most suitable method for your case.

How can I prove medical negligence?

To prove medical negligence, you need to show that the healthcare professional owed you a duty of care, failed in that duty, and that this failure caused you harm. You must also demonstrate that this harm led to physical injury, psychological trauma, or financial loss, such as lost earnings. Expert medical evidence is often required to support these claims.

What compensation will I receive?

Compensation in medical negligence cases generally includes general damages for the injury itself and special damages for financial losses such as lost earnings, additional medical costs, and care expenses. We will assess your losses and advise you on the potential compensation you may receive.

What is the time limit to make a claim?

Generally, you must start your claim within three years of the incident or from when you discovered the injury. For children, the three-year period begins when they turn 18. If the affected person lacks the capacity to make decisions, the limit starts when they regain that capacity. Claims under the Human Rights Act must be made within one year. Acting quickly is advisable to ensure evidence and witness recollections are preserved.

Can I still claim if I was treated by the NHS?

Yes. You can make a claim for medical negligence even if your care was provided by the NHS. NHS staff have a duty of care to their patients, and if that duty is breached and causes harm, you may be able to seek compensation.

What is a never event?

A “never event” is a serious medical mistake that should never happen if proper care is followed. This includes things like diagnosing the wrong illness, delays that lead to serious harm, or failing to act on test results. These incidents are considered entirely avoidable and often involve serious consequences for the patient.