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Misdiagnosis compensation claims

Medical misdiagnosis compensation is a type of medical negligence claim brought as a result of negligent treatment. A large proportion of medical misdiagnosis compensation claims are successfully fought each year by our specialist medical misdiagnosis solicitors.

What is medical misdiagnosis?

Medical misdiagnosis caused by medical negligence falls into three categories:

  1. Total misdiagnosis: Where a health condition or illness is failed to be diagnosed following health problems.
  2. Late diagnosis: Which can impact on recovery time and prolong health issues.
  3. Incorrect diagnosis: Which can result in improper medication or treatment being administered.

Claim compensation for wrong diagnosis or undiagnosed illness

Your medical misdiagnosis compensation claim will vary depending on certain factors. These include:

  • The circumstances surrounding the misdiagnosis
  • Overall severity of your misdiagnosis
  • Ongoing illness and or recovery time
  • Changes to life expectancy
  • Financial loss
  • Delay in rectification or acknowledgment
  • Liability acceptance
  • Care and support
  • Lifestyle changes

A medical misdiagnosis claim can be made for:

  • Pain, discomfort and disability caused
  • Reduction in life expectancy
  • Loss of earnings
  • Medication and or equipment costs
  • Treatment costs including travel expenses

How our medical misdiagnosis solicitors can help

Our medical misdiagnosis solicitors are part of the Hugh James Medical Negligence Team. The team is top ranked throughout England and Wales and has experts in all aspects of medical negligence including medical misdiagnosis. Your case will be handled confidentially by people who are sympathetic and knowledgeable about the situation you may find yourself in. We will work closely with you to ensure you get the right level of compensation and rehabilitation that your situation may require. We can assist with minor to complex, life changing medical misdiagnosis claims.

We offer no win, no fee arrangements so there are no hefty legal bills to pay. Contact us today to discuss your medical misdiagnosis claim; our initial assessment is free with no obligation.

Key contact

Ruth Powell


Ruth is a Partner and Head of our Clinical Negligence Department. She has exclusively practised in clinical negligence since qualifying in 1995 and has a wealth of experience in complex and high value clinical negligence claims.

Peter’s story

Peter’s ordeal began with symptoms of a severe headache and sensitivity to light and, unfortunately, these signs were initially overlooked by healthcare professionals. The delays in recognizing the severity of Peter’s condition meant precious time was lost before he received the necessary intervention. By the time the brain abscess was diagnosed, significant damage had already occurred, leading to lasting brain injury and profound changes in Peter’s life.

Allegations of failure to recognise key symptoms and promptly admit Peter to hospital formed the basis of his case. The eventual settlement, though acknowledging partial liability, reflects the profound impact of the negligence on Peter’s life and well-being.

The compensation secured for Peter, totalling over £4 million, aims to provide him with the financial resources needed to access ongoing care and support to ensure his long-term needs are met to rebuild his life and access the care and assistance he requires.

Read more about Peter’s story here.

Lesley Herbertson who acted for Peter said:

Peter was a much-loved dad and husband who provided both his wife and son with love, care and support whenever they needed it. However, as a result of the delay in diagnosing his abscess he went from being a carer to needing to be cared for, placing an massive strain on his family, in particular his wife. Whilst this settlement cannot give Peter’s family the old Peter back, it means that they have been able to move to a property which is more suitable for them as a family and Peter can pay for the care and support he requires privately for the rest of his life. Peter and his family now have the security they desperately wanted, to know that he will always be looked after and safe and can start to try and get back to being a family again.

View more stories

Types of medical misdiagnosis

If you are suffering from a broken bone, you are likely to attend the Accident and Emergency department at a local Hospital for emergency treatment.

Often these departments are very busy, and mistakes can be made and breakdowns in communication may occur.

Sadly, mistakes are made by many medical professionals resulting in pain, heartache and frustration for victims and their families.

Fractures of bones can occur in one of two ways, either a fracture is caused by one large exertion of force on a bone or through a series of smaller exertions of force, which repeat to cause a break in the bone (stress fractures).

Types of fractures are numerous and can affect the type of treatment that is appropriate in each individual case. This makes it very important that in each individual case the patient gets the treatment that is best suited to the type of fracture that they have suffered.

If you have suffered a fracture that was either missed or misdiagnosed, then you may be due compensation.

Cancer affects one in three people in the United Kingdom. Hugh James realise that you or a family member may be coming to terms with the diagnosis of cancer, or that you may have lost a loved one and have concerns about their treatment.

Thousands of people are diagnosed with cancer every year in the UK. Cancer is diagnosed by assessing various symptoms and taking scans and X-Rays. Usually a cellular biopsy is taken to confirm its presence. Medical professionals owe a duty of care to their patients to treat them to a reasonable standard of competence. If the cancer is late diagnosed, undiagnosed or improper treatment is given the patient may be able to claim personal injury compensation for cancer misdiagnosis.

How we can help in cancer misdiagnosis cases

Hugh James has one of the UKs largest medical negligence teams and our cancer misdiagnosis solicitors have a vast amount of experience and expertise in dealing with cases of undiagnosed or misdiagnosed cancer. We offer guidance and understanding, as well as the best possible advice to support you and your family during a very challenging time.

Our medical negligence solicitors can offer an initial free consultation, during which, we will be able to establish whether you have a cancer misdiagnosis compensation claim free of charge. There is no obligation but if you wish to proceed, we will then help you claim compensation for the cancer misdiagnosis negligence you are entitled to. We are able to assist you on a no win, no fee basis to claim personal injury compensation for:

  • Failing to diagnose cancer: This can be due to a doctor missing or misinterpreting symptoms or misinterpreting test results.
  • Late diagnosis: A late cancer diagnosis can be caused by a delay in referring someone to a specialist, failing to act quickly enough in relation to test results or delay in carrying out biopsies, amongst others.
  • Misdiagnosis: Some people may be diagnosed as having cancer when they do not in fact have it. This could lead to evasive and painful treatment such as chemotherapy being carried out unnecessarily.

Certain factors will affect the level of compensation received for a cancer misdiagnosis claim, these include:

  • The overall severity and circumstances surrounding the late diagnosed | undiagnosed | misdiagnosed cancer
  • Changes to life expectancy
  • Prolonged illness and/or time taken to recover
  • Financial loss and/or loss of earnings
  • Treatment costs
  • Delays in rectifying or acknowledging the late diagnosed | undiagnosed | misdiagnosed cancer
  • Acceptance of liability

If you feel you have suffered as a result of one of the above, you can contact one of our cancer misdiagnosis solicitors today for free advice and guidance.

Although hospitals dispense the right advice and beneficial treatment the majority of the time, there are instances where they get it wrong. It is vital that legal assistance is sought at an early stage to investigate the possibility of bringing a brain or head injury compensation claim. Financial compensation and forward planning could help alleviate some of the financial difficulties caused by even a minor head injury, and greatly assist the victim on the road to recovery.

We have extensive experience in handling and winning compensation claims for people who have suffered a brain or head injury.

Types of brain injury and head injury misdiagnosis claims

Medical negligence claims in relation to the treatment of head injuries can fall into one of two categories:

Failure to diagnose injury/severity of injury: This can include a failure to carry out the appropriate tests in relation to a head injury as well as misreading the results of tests.

Incorrect treatment of a head injury: This can include a failure to administer any treatment for a head injury as well as the administration of the incorrect treatment in relation to a specific head injury.

You need experts to assist you in obtaining the best care and compensation available to you. Our specialist service offers a unique combination of legal expertise and personal support. We will also provide you with regular updates about your case along the way.

If you have suffered a brain or head injury which was not a result of medical negligence and you would like to seek compensation contact our specialist team today.

Misdiagnosis of appendicitis is one of the most commonly misdiagnosed complaints that enter A&E departments. While many people go to A&E with abdominal pain, only a small number of those patients have appendicitis. Diagnosing appendicitis in a timely fashion is of the utmost importance because a delay can cause the appendix to burst, and the resulting infection can lead to complications and even death.

If you or a loved one has experienced a delay in diagnosing or an undiagnosed case of appendicitis, you may be due compensation.

A stroke can change your life forever or it can be something you can make a good recovery from. A lot depends on how quickly you are diagnosed and receive treatment. It is unfortunate that strokes are often misdiagnosed. Misdiagnosis occurs most frequently in young patients because they are rare in this population and in the elderly because the symptoms of stroke are easily mistaken for other age-related diseases.

If you or a loved one has had a stroke that was not diagnosed and treated in a timely manner due to the negligence of the health care professionals who should have caught the symptoms, you may be able to claim compensation.

Meningitis is a terrible disease for any family to have to deal with, even when it is diagnosed and treated appropriately. Like many diseases, the earlier it is diagnosed and treatment begins, the better the chances of preventing a serious permanent injury or even death.

There are two main types of meningitis: bacterial and viral. How the disease is treated differs depending on what type you have. Getting a proper diagnosis is further complicated by the fact that the signs and symptoms of meningitis are easily mistaken for any one of a number of different conditions.

Meningitis can lead to the following complications:

  • Brain damage
  • Hearing loss
  • Hydrocephalus
  • Seizures
  • Subdural effusion (fluid between the skull and brain)

The seriousness of this disease, no matter whether it is bacterial or viral means that it needs to be diagnosed and treated as quickly as possible. If you have had negative consequences to your health as a result of a delay in diagnosing meningitis or a misdiagnosis then you may be due compensation.

Far too many hospital patients get infected with a disease that is unrelated to the condition they were originally admitted for or diagnosed with. Many of these secondary infections are preventable if the proper policies and procedures for patient care are followed.

Other infections like necrotizing fasciitis or meningitis are easily misdiagnosed as during their early stages, their symptoms appear similar to those of other diseases.

Unfortunately, some infections will only respond to particular treatments. This can lead to serious consequences if the infection is misdiagnosed, and the wrong treatment is prescribed. Alternatively, if the symptoms of the infection are dismissed as being the result of a much less serious condition, then the infection may be left to progress unchecked.

If you or a loved one has had a misdiagnosed or undiagnosed infection, you may be able to claim compensation.

Internal bleeding is when blood from your arteries and veins bleeds into your body cavity. While you often cannot see internal bleeding from outside the body, it can still be quite dangerous if it is not caught and treated promptly.

There are many causes for internal bleeding including genetics or trauma. Whether the internal bleeding is caused by genetics or trauma, the results can be equally devastating.

The most common form of internal bleeding that we are all familiar with is bruising. When bruises are not too severe, your body is able to repair itself and deal with the internal bleeding over time. If internal bleeding is more severe, treatment in the form of blood transfusions and or surgery may be required. What is important is that the internal bleeding is diagnosed, and that treatment begins as soon as possible to reduce the level of harm caused to you.

If your health has been negatively impacted by a misdiagnosed internal bleed, then you may be due compensation.

There are two common types of diabetes that most people are aware of, Type 1 which is often diagnosed in early childhood and is insulin dependent and Type 2 which normally presents later in life and is often associated with obesity.

There are also other, less common types of diabetes with a variety of causes and required treatments.

As each type of diabetes requires different treatment, it is vitally important that you receive the correct diagnosis.

We have made an effort to list the most common and the most serious examples of misdiagnosis, but the reality is that any time you receive a diagnosis from a healthcare professional, they have a duty of care to provide the most accurate diagnosis possible.

No matter what the condition, if you were misdiagnosed or there was a delay in diagnosis that led to a worsening of your symptoms or prognosis, you should contact the misdiagnosis specialists on the medical negligence team at Hugh James. They will talk through your case to help you determine if you are eligible to claim.

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