Discovering you may have been misdiagnosed can be deeply unsettling. You may feel confused, worried about your health, and unsure whether what happened was simply an honest mistake or something that caused avoidable harm. It’s completely natural to ask, “Can I claim for misdiagnosis?” - especially if the delay or error has affected your treatment, recovery, or long-term wellbeing.
Misdiagnosis can lead to unnecessary pain, delayed care, worsening symptoms, or even permanent complications. Many people don’t realise that some diagnostic errors amount to medical negligence, while others do not. Understanding the difference is the first step.
This guide explains, in clear and simple terms, when misdiagnosis counts as negligence, your rights to claim, how the claims process works, and what compensation may cover. There’s no medical jargon and no pressure - just practical, empathetic guidance.
By the end of this article, you’ll know how to:
Understand what misdiagnosis is and when it becomes negligence
Recognise the signs that a claim may be possible
Gather the evidence needed for a strong case
Follow the process for an NHS or private healthcare misdiagnosis claim
Understand what compensation may include
You are not alone in this. Many people experience misdiagnosis, and with the right information, you can make informed decisions about your next steps.
Misdiagnosis happens when a medical condition is wrongly identified, missed, or diagnosed later than it should have been. It can occur in both NHS and private healthcare settings, and it often leads to delays in treatment, unnecessary pain, or complications that could have been avoided.
There are three main types of misdiagnosis:
This happens when a clinician diagnoses the wrong condition, leading to treatment that is ineffective or even harmful.
Example: cancer symptoms being treated as an infection, or a broken bone being diagnosed as a sprain.
A missed diagnosis occurs when a condition is overlooked, dismissed, or not properly investigated.
Example: early signs of sepsis not being recognised, or symptoms of a stroke being mistaken for fatigue or migraine.
A delayed diagnosis means the correct condition is eventually identified, but only after a harmful delay.
Example: a patient repeatedly returning with worsening symptoms before the right tests are finally ordered.
Misdiagnosis can be frightening, frustrating, and deeply upsetting. Understanding these categories helps you work out whether what happened to you may amount to medical negligence.
Not every medical mistake is negligence. In legal terms, you can only claim for misdiagnosis when two things are true:
A healthcare professional breached their duty of care, and
That breach caused you avoidable harm - harm that would not have happened if the correct diagnosis had been made in time.
A simple way to understand this is through the Bolam test, which asks:
“Would another responsible clinician have acted differently in the same situation?”
If the answer is yes, and that difference would have prevented your harm, then negligence may have occurred.
Not ordering scans, blood tests, or imaging
Misinterpreting test results
Failing to refer you to a specialist
Not taking symptoms seriously or dismissing concerns
Losing medical records or failing to review them properly
Discharging a patient too early without proper investigation
These are situations where the standard of care falls below what is reasonably expected.
It’s equally important to understand what does not count as negligence:
When symptoms genuinely mimic other conditions
When a rare or complex illness is very difficult to diagnose early
When all reasonable tests were carried out and interpreted correctly
When harm would have happened even with the correct diagnosis
This transparency builds trust - you deserve clear guidance about whether what happened to you crosses the legal threshold for negligence.
Yes, you can claim for misdiagnosis on the NHS if negligence caused you avoidable harm. These claims are handled by NHS Resolution, the organisation responsible for responding to clinical negligence claims made against NHS trusts.
It’s important to know:
Misdiagnosis claims are designed to help patients recover from preventable harm — not to punish staff. The aim is to secure compensation for your pain, treatment needs, lost earnings, and long-term impact, while helping the NHS learn from mistakes.
The process is fair, structured, and handled with sensitivity.
Misdiagnosis can occur in many areas of healthcare, and the impact can range from mild inconvenience to serious, life-changing harm. You may be able to bring a misdiagnosis claim if avoidable errors led to your condition worsening or delayed the correct treatment.
Common types of misdiagnosis claims include:
Cancer misdiagnosis – cancer dismissed as an infection or benign condition, leading to delayed treatment
Sepsis misdiagnosis – failure to recognise early signs, causing rapid deterioration
Stroke misdiagnosis – symptoms mistaken for migraine, vertigo, or fatigue
Heart attack misdiagnosis – chest pain or breathlessness not investigated properly
Meningitis misdiagnosis – early symptoms overlooked, especially in children
Pregnancy and maternity misdiagnosis – ectopic pregnancy, pre-eclampsia, or complications not identified
Fracture or bone injury misdiagnosis – broken bones mistaken for sprains or soft tissue injuries
Infection misdiagnosis – serious infections treated as minor illnesses
GP misdiagnosis – symptoms not taken seriously or referred for further tests
Hospital A&E misdiagnosis – rushed assessments leading to errors
Radiology or pathology errors – scans or test results misread
Medication or prescription errors – incorrect drugs or doses causing harm
These examples show how quickly a misdiagnosis can disrupt recovery and lead to avoidable suffering.
Misdiagnosis can have a significant impact on your health, wellbeing, and day-to-day life. When the underlying issue is not identified correctly, the consequences can be serious and long-lasting.
Misdiagnosis may lead to:
Worsening symptoms due to lack of appropriate treatment
Permanent injury or disability, especially in conditions where early treatment is crucial
Delayed treatment, reducing chances of recovery
Incorrect treatment, which may cause additional complications
Emotional distress and trauma, including anxiety, fear, and loss of trust in healthcare
Longer recovery times and greater disruption to daily life
Reduced life expectancy in the most severe cases, such as missed cancer or sepsis
It’s important to remember that for a claim to succeed, the harm must have been avoidable - meaning it was caused or worsened because the misdiagnosis occurred. This is where expert legal and medical assessment becomes essential.
Many people are unsure whether what happened to them counts as medical negligence. The key question is whether the error caused avoidable harm. You may be able to make a misdiagnosis claim if any of the following apply:
You may be able to claim if:
You received the wrong diagnosis
Your diagnosis was missed or delayed
Your condition worsened because of the delay or error
You received incorrect treatment as a result of the misdiagnosis
Your recovery time was longer than it should have been
You experienced avoidable pain, suffering, or complications
A reasonable clinician would have acted differently in the same situation
If you’re unsure whether your experience meets the legal test, a medical negligence solicitor can review your medical records and advise you clearly. You do not need to figure this out alone.
To succeed in a misdiagnosis claim, you need to show two things:
Mistakes were made in your care, and
Those mistakes caused you avoidable harm.
Your solicitor will guide you through each stage, but the following evidence is usually essential.
This forms the foundation of your claim. Useful documents include:
GP and hospital records
Referral letters to specialists
Test results such as scans, X-rays, or blood tests
Notes from consultations
Treatment reports and plans
Medication history
These records help show what should have happened, what actually happened, and how the error caused harm.
Your solicitor will arrange for an independent medical expert to:
Review your medical records
Assess what a reasonable clinician should have done
Identify whether mistakes were made
Confirm whether any harm was avoidable
This expert opinion is a key part of proving negligence and is required for all medical misdiagnosis claims.
Your own experiences also help demonstrate the impact of the misdiagnosis. You may be asked to provide:
A diary of your symptoms and how they changed
Notes on how the condition affected daily activities
Records of financial losses (travel, medication, lost earnings)
Evidence of care or support provided by family
Together, this evidence paints a full picture of how the error affected your life and helps build a strong, well-supported claim.
Making a misdiagnosis claim may feel overwhelming, but the process is structured, supported, and handled with care. Most claims are resolved through negotiation and do not go to court. Here is how the process usually works:
Contact a medical negligence solicitor
They will listen to your experience and advise whether you may have a claim.
Your solicitor obtains your medical records
These include GP notes, hospital records, tests, and treatment history.
Independent medical experts assess your care
They review what should have happened and whether the misdiagnosis caused avoidable harm.
Your solicitor builds your case
They gather evidence, prepare documents, and calculate your losses.
A Letter of Claim is sent
This is sent to the NHS trust or private healthcare provider explaining what went wrong.
The insurer investigates the claim
NHS Resolution or the private insurer reviews the allegations and evidence.
Negotiation or settlement
Many claims settle at this stage without any need for a hearing.
Court proceedings (only if necessary)
This is rare and usually happens only if the parties cannot agree on fault or compensation.
Throughout the process, your solicitor handles the legal work so you can focus on your health and recovery.
The law sets a three-year time limit for bringing a misdiagnosis claim. This time limit begins from:
The date the negligence happened, or
The date you first realised something had gone wrong — known as the date of knowledge.
There are important exceptions:
Children: The three-year limit does not start until their 18th birthday, giving them until age 21 to claim.
People without mental capacity: There is no time limit while capacity is impaired.
If you are unsure when your time limit started, a solicitor can check this for you. It’s always best to seek advice sooner rather than later so evidence is easier to gather.
How Much Compensation Can You Get for Misdiagnosis?
There is no fixed amount for misdiagnosis compensation, because every case is different. Instead, compensation reflects the harm caused and the financial losses you’ve experienced. When looking at how much compensation for misdiagnosis UK, several factors are considered.
This covers the physical and emotional impact of the misdiagnosis, including:
Pain caused by delayed or incorrect treatment
Worsening of your condition
Loss of mobility or independence
Psychological distress, trauma, and anxiety
General damages reflect how the misdiagnosis affected your quality of life.
This covers the financial impact of the error, such as:
Loss of earnings (past and future)
Medical costs or private treatment
Travel expenses for appointments
Care and assistance from family or professionals
Home adaptations or mobility equipment
Future treatment or therapy
These damages ensure you are financially supported as you recover.
Your solicitor will calculate compensation based on medical evidence, expert reports, and a clear understanding of how the misdiagnosis has affected your life. The goal is to help you move forward with the right support in place.
Many people feel unsure whether they should make a complaint, start a misdiagnosis claim, or do both. Understanding the difference can help you choose the right path.
A complaint is about getting answers. It allows you to:
Ask what went wrong
Request an explanation or apology
Highlight concerns so the NHS can learn from the incident
You can make a complaint by writing to the hospital trust, GP practice, or using the NHS complaints procedure. This process focuses on communication and accountability, not financial compensation.
A misdiagnosis claim, on the other hand, is a legal process designed to recover compensation for the avoidable harm you suffered. This may include your pain, delayed treatment, lost earnings, or long-term impact.
The key differences:
A complaint looks at what happened
A claim looks at the harm caused
A complaint may lead to improvements in care
A claim may provide financial support for your recovery
You can pursue both a complaint and a claim at the same time. In fact, many people find that making a complaint helps clarify events and provides important information for a legal claim later on.
Whatever route you choose, you deserve clear, supportive guidance throughout.
Yes, you can claim for misdiagnosis even if your condition is rare - but only if the care you received fell below a reasonable standard. The key question is whether another competent clinician would have acted differently. Some rare or complex illnesses are genuinely difficult to diagnose, so not every delay amounts to negligence.
If your symptoms were ignored, tests weren’t ordered, or red flags were missed, you may still have a valid claim. A solicitor can review your records and explain your options.
Yes, you can sue the NHS for misdiagnosis if the error caused avoidable harm. Claims are made against the NHS trust, not individual doctors or nurses. NHS Resolution handles these claims, and compensation does not come from staff salaries or affect your access to care.
A claim may help cover your pain, financial losses, and long-term impact. It also helps the NHS learn from mistakes. You can make a complaint and a claim at the same time.
Most misdiagnosis claims take 12–24 months, although some cases settle faster and others take longer. The timeline depends on the complexity of the evidence, the need for expert medical reports, and whether the NHS accepts responsibility. Claims may take longer when:
Multiple specialists are involved
Your condition is still developing
Further medical assessments are required
You need a combination of medical and personal evidence to prove misdiagnosis. This usually includes:
Medical evidence:
GP and hospital records
Test results (X-rays, scans, blood tests)
Referral letters
Treatment notes
Medication history
Personal evidence:
A diary of symptoms
Details of daily impact
Records of financial losses
Your solicitor will request your medical records and arrange expert reports to support your claim.
If the doctor acted in line with accepted medical practice, a misdiagnosis may not count as negligence. Some conditions mimic others, and some illnesses are extremely hard to detect early.
A claim is only possible if the care fell below a reasonable standard. A solicitor and an independent medical expert can clarify whether the actions taken were appropriate.
Yes, emotional distress can form part of a misdiagnosis claim. Anxiety, fear, trauma, and loss of trust in medical care are recognised as legitimate harms when they result from negligent treatment.
Emotional distress is usually included within general damages, which cover pain, suffering, and loss of amenity. Your solicitor will ensure psychological impact is fully considered.
The amount of misdiagnosis compensation you can receive depends on how the error affected your health, recovery, and finances. There are no fixed amounts. Compensation may include:
Pain and suffering from delayed or incorrect treatment
Worsening of your condition
Loss of earnings
Medical costs and travel expenses
Care needs
Future treatment
Your solicitor will calculate your claim using medical evidence and expert reports.
Most misdiagnosis claims do not go to court. The majority settle through negotiation once the evidence is clear.
Court proceedings are only needed if the healthcare provider disputes responsibility or the value of the claim. Even then, many cases settle before a hearing. Your solicitor will handle all legal steps and support you throughout.
If you believe a misdiagnosis has caused you harm, you don’t have to face the uncertainty alone. Misdiagnosis can be frightening, stressful, and life-changing, and it’s completely normal to feel unsure about what to do next. Speaking to a specialist medical negligence solicitor can help you understand your rights and what steps you can take.
At TBI Law, our team has extensive experience supporting clients through medical misdiagnosis claims, including NHS misdiagnosis, delayed diagnosis, and incorrect treatment cases. We take the time to understand your situation, explain your options in clear language, and guide you through the process at your own pace.
Most misdiagnosis claims can be started on a No Win No Fee basis, giving you access to expert legal support without worrying about upfront costs.
You may be able to claim if avoidable harm was caused by a wrong, missed, or delayed diagnosis.
Evidence from medical records, expert opinions, and personal impact is essential.
Misdiagnosis claims can be made against the NHS or private healthcare providers.
Most claims settle without going to court.
A solicitor can help you understand whether negligence occurred and what compensation may cover.
If you’re unsure whether you have a claim or simply want to understand your options, we’re here to help. Contact TBI Law today for sensitive, personalised advice based on your circumstances. You don’t have to navigate this alone—we’re ready to support you every step of the way.
