Medical misdiagnosis can happen when a doctor or health care professional fails to diagnose or wrongly diagnoses an illness, disease or condition. This may lead to incorrect or delayed treatment and cause further damage and loss to the patient.
For example, a person may have a biopsy for skin cancer but the pathologist fails to recognise signs of cancer that another physician could have reasonably recognised.
In some cases the misdiagnosis can be a result of medical negligence and so the patient may be able to claim compensation for damage caused.
Medical negligence claims for misdiagnosis
Not all instances of misdiagnosis are cases of medical negligence - even the best doctors can, and do, make errors in diagnosis. 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
Making a compensation claim
Medical misdiagnosis, and medical negligence more generally, is often quite a complex area of law, requiring robust evidence. Before undertaking a claim we will work with you through the details of your situation to work out if you have a claim. For a general overview of the process for bringing a claim for compensation, see our step-by-step guide below.