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Medical misdiagnosis of illness and disease

Medical misdiagnosis occurs when a doctor or healthcare professional fails to diagnose or wrongly diagnoses an illness, disease or condition. It can lead to incorrect or delayed treatment and cause further harm or injury to the patient.

If you have been failed by a healthcare professional, you may have grounds to bring a medical misdiagnosis claim for compensation.

I think I was misdiagnosed - what should I do?

A successful medical negligence claim for misdiagnosis can provide the financial, care and support services you and your family need to move forward with your life.

Medical misdiagnosis claims can be complex and require strong evidence. If you decide to bring a claim for compensation, engaging medical misdiagnosis lawyers with specialist expertise is critical to setting yourself up for the best possible outcome.

Shine Lawyers’ Medical Law team have a proven track record in obtaining outstanding results for our clients. Our team possess over 105 years of collective experience and practice exclusively in this dynamic area of law. This focus means the team knows the legal and medical intricacies of medical negligence claims, offering our clients the best chance at success.

Medical misdiagnosis compensation claims have strict time limits. If you believe you have been injured or suffered loss due to medical misdiagnosis, get in touch with us via phone or online for an obligation-free consultation. We offer our medical misdiagnosis compensation claims services on a No Win, No Fee basis so you don't have to worry about out-of-pocket legal expenses.

What can I expect when making a medical misdiagnosis compensation claim?

Our Medical Law team are here to support you through your entire legal journey.

While no two medical misdiagnosis cases are the same, the legal process will generally unfold in the following stages:


We will make sure you understand your rights and help you make decisions that are in your best interest. We know how injuries due to medical misdiagnoses cause pain, suffering and stress, so while we handle the legal work, you can focus on your recovery and family.

Why choose Shine Lawyers’ Medical Law Team?

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Obligation-free initial consultation to assess your case confidentially

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Claim assessment process where we will explain all of the options available to you

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We can come to you - if you can't make it into the office we're more than happy to come to you

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No Win No Fee arrangement

What can I claim compensation for?

There’s no set amount of compensation in a medical misdiagnosis case. Compensation is based on the seriousness of the harm and/or loss suffered, not the degree of negligence.

Compensation is awarded as a means to restore the person affected, as much as possible, to the position they were in before the misdiagnosis occurred.

Medical misdiagnosis claims commonly include compensation for:

  • Past and future medical expenses, including surgery and equipment
  • Pain suffered as well as loss of enjoyment of life
  • Any loss of income, past or future
  • Support and care provided, even by family or friends
  • Professional paid care and services, such as nursing or property maintenance
  • Home and vehicle modification expenses
  • Costs associated with a trustee managing your money

Common Questions

If you’re unsure about your situation, an obligation-free chat with a medical law expert can give you certainty on your situation.

Not all instances of misdiagnosis are cases of medical negligence - even the best doctors can and do make errors in diagnosis. Delayed, incorrect, or a failure to diagnose are all forms of medical misdiagnosis.

For a successful claim and compensation to be awarded for a misdiagnosis, there has to be clear evidence that shows:

  • A similarly trained medical professional would not have made the same mistake, AND
  • Harm or injury has been caused as a result of the misdiagnosis.
  • Both of these criteria have to be satisfied for a claim to be successful and compensation paid out.

A cancer misdiagnosis can have a devastating, long term effect on a patient and their family. Cancer can share symptoms with less serious ailments, leading to an incorrect diagnosis. The resulting delay in treatment can significantly affect a patient’s chance at recovery.

You may have a cancer misdiagnosis claim if a medical professional has failed to:

  • Identify and investigate cancer symptoms
  • Order appropriate testing when cancer symptoms or risk factors are present
  • Read or correctly interpret test results
  • Act on medical recommendations made by a cancer testing lab
  • Refer you to a cancer specialist
  • Provide reasonable follow-up care to assess treatment

There are many situations where a disease or condition may be misdiagnosed. However, certain wrong diagnoses are more common than others:

  • Meningitis, where both viral and bacterial forms can be mistaken for the flu. Bacterial meningitis can be life-threatening.
  • Heart attacks being mistaken for panic attacks or indigestion
  • Staph infections can be misdiagnosed as insect or spider bites, herpes, acne and other skin issues. Bacterial infections can become serious, even deadly, if not treated correctly.
  • Strokes may be wrongly identified as migraines or other relatively minor issues in younger patients.
  • Serious mental health disorder misdiagnosis - for example, bipolar can be incorrectly diagnosed as depression or another mood disorder.
  • Deep Vein Thrombosis can be wrongly identified as a simple leg cramp or muscle strain.

To prove medical negligence, you need to show that the treatment fell below the standard of care reasonably expected from a professional.

If the medical practitioner or hospital acted in a way considered to be acceptable in the opinion of a large number of respected medical practitioners in that same field, then you may not have a claim.

All medical practitioners are required by law to have Professional Indemnity Insurance (PII). In the event of an accident or injury, the insurance company pays the compensation, rather than the professional or medical facility.

Shine Lawyers operate on a No Win No Fee* basis, which means that if you make a compensation claim you won’t pay our legal fees unless we win.

The legal fees at the end depend on the work required to successfully win your case, so the amount can vary depending on the complexity of the case. Your lawyer will give you a guide as to the expected fees once they understand your case.

*Conditions apply

We believe that everyone is entitled the highest standard of legal service, regardless of where they’re located.

Shine Lawyers is committed to ensuring that rural, regional and remote communities have access to the legal support they deserve. We can easily arrange an obligation-free virtual or in-person appointment at a location that’s convenient to you (home, work, hospital etc).

Our team will travel far and wide to provide you with the support you need and have visited the following regional communities across New South Wales and Victoria:

New South Wales

  • Armidale
  • Bathurst
  • Broken Hill
  • Cobar
  • Coffs Harbour
  • Deniliquin
  • Dubbo
  • Grafton
  • Gunnedah
  • Lismore
  • Nymbodia
  • Orange
  • Taree
  • Tumut
  • Wagga Wagga
  • Walgett
  • Wellington


  • Ballarat
  • Benalla
  • Maryborough
  • Shepparton
  • Wangaratta
  • Warrnambool

Our team of medical negligence experts are here to help and ensure your voice is heard. We will listen, support and fight for a successful medical negligence claim on your behalf, that will secure the financial, care and support services that you need.

If you’d prefer to visit us, our teams are available in the following locations around regional areas:

Where you are located isn't necessarily a barrier when it comes to obtaining the services of a lawyer. We're experts when it comes to cerebral palsy related claims and we can help you get the compensation you deserve.It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Our compensation experts are in the following locations: