Being told you have the wrong condition - or that nothing is wrong at all - can have serious consequences. A medical misdiagnosis can delay treatment, allow an illness to worsen, and cause long-term physical and emotional harm from unnecessary treatment or surgery.
Unfortunately, misdiagnosis is one of the most common reasons people contact medical negligence solicitors today. We’ve recently been supporting one of our clients, Erica Flatley, who was told she had lung cancer and had a partial lung removal for what she believed could save her life, only to find out afterwards that the correct diagnosis should have been pneumonia.
Over the years we have supported various clients like Mrs Flatley who have experienced misdiagnosis to reclaim compensation for their injuries, many of which have been life-changing.
If you’re wondering whether your misdiagnosis amounts to negligence, or whether you may have a compensation claim, this blog explains everything you need to know.
What is medical misdiagnosis?
Misdiagnosis occurs when a healthcare professional fails to correctly identify an illness or condition or gives an incorrect explanation of symptoms. This can happen in two ways:
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Incorrect diagnosis
You are diagnosed with the wrong condition, leading to unsuitable, harmful or unnecessary treatment.
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Missed diagnosis
Your symptoms are overlooked or dismissed, meaning you receive no diagnosis at all and subsequently no treatment.
Both situations can result in avoidable pain and suffering, delays in intervention, and lasting health complications.
When and how can misdiagnosis happen?
Diagnostic errors are not uncommon across various healthcare settings like GP surgeries and hospitals. According to NHS Resolution, between 2022 and 2024 there were 12,169 claims received relating to wrong diagnosis, delayed diagnosis, delayed treatment, or failure to perform tests.
Of these claims, the most common speciality where errors occurred was at general practice, accounting for 2,667 cases. Emergency medicine was in second spot with 1,844 cases and obstetrics was third with 972.
There were cases in a wide range of departments, from gynaecology and gastroenterology to dermatology and district nursing.
Misdiagnosis can happen at any stage – from the initial assessment through to testing or treatment. There are various reasons why misdiagnosis happens. It could be the complexity of certain medical conditions or an overlapping of symptoms, meaning something like endometriosis gets misdiagnosed as IBS.
Some conditions can present atypically such as Hashimoto’s disease, where symptoms like hair loss, weight gain and irregular periods can be misdiagnosed as perimenopause.
There are also systemic issues within the NHS which lead to misdiagnosis. Time constraints, workload pressures, reduced staffing numbers and inadequate communication amongst multi-disciplinary teams can mean that shortcuts are taken, symptoms are overlooked or information is not shared.
There are also many cases where there has been inaccurate or incomplete reporting on test results like biopsies or scans, as well as inadequate access to diagnostic tools in some NHS trusts. This is often the case in cancer misdiagnosis claims. Test results for investigations into cancer are sometimes misreported meaning the patient is either told they don’t have cancer when they do and they then don’t receive timely treatment or vice versa, as in the case of Mrs Flatley who was wrongly told she did have cancer when she didn’t.
Common conditions that are frequently misdiagnosed
- Cancer (lung, breast, bowel, skin)
- Heart attack or stroke
- Meningitis
- Sepsis
- Diabetes and diabetic ketoacidosis
- Appendicitis
- Fractures and orthopaedic injuries including scaphoid fractures
- Pulmonary embolism
- Endometriosis
- Autoimmune disorders
- Neurological disease
- Spinal abscess, discitis and Cauda Equina syndrome
When does misdiagnosis become medical negligence?
Not every medical mistake amounts to negligence. To bring a successful claim, two key tests usually must be met:
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The standard of care fell below what is reasonably expected
Examples include:
- Failing to investigate red flag symptoms
- Misreading or ignoring test results
- Abnormal tests not followed up
- Not referring you to a specialist
- Not taking a full medical history
- Not following NICE or NHS referral guidelines
-
The error caused avoidable harm
This could include:
- Delayed treatment
- More invasive or extensive treatment than necessary
- Reduced chance of recovery
- Long-term disability or illness
- Psychological harm
- Financial losses
If both elements apply, there may be grounds for a misdiagnosis medical negligence claim.
Real examples of harm caused by misdiagnosis
Medical misdiagnosis isn’t just a legal issue. It has a profound impact on people’s lives – from their health to their finances and relationships - and they often lose trust in the healthcare system. Below, are examples of recent cases our team has supported.
Unnecessary partial lung removal following lung cancer misdiagnosis
As mentioned above, we recently represented a woman who was incorrectly diagnosed with lung cancer, leading to an unnecessary partial lung removal. This was despite repeat CT scanning showing that her ‘mass’ had reduced in size by 11mm over a 12-day period (not typical of cancer at all).
No biopsies were taken before the surgery to confirm or rule out the cancer. Subsequent investigations after surgery revealed that a mass shown on scans was actually caused by pneumonia, meaning the surgery should never have taken place.
This misdiagnosis resulted in avoidable physical harm, psychological distress, loss of lung function, and long-term health implications including ongoing respiratory problems.
Read the full story here.
Thirteen operations including unnecessary double mastectomy following misdiagnosis of breast cancer
A past client of ours went two years thinking she had terminal breast cancer, during which time she had a double mastectomy, seven reconstructive breast surgeries, a hysterectomy, thyroidectomy and two hernia repairs. She was eventually told the diagnosis had been incorrect – a biopsy had been misreported by a pathologist.
As well as the physical and psychological harm caused by the cancer misdiagnosis, it also made her decide to retire early from a well-paid job to spend what she thought were her remaining years with her family.
This claimant received a settlement of almost £600,000. Read the full story here.
Amputation after acute limb ischaemia misdiagnosed as compartment syndrome
A male client of ours had his leg amputated above the knee after a vascular consultant misdiagnosed acute limb ischaemia as compartment syndrome.
The client had tripped and dislocated his knee over Christmas and, afterwards, it became very swollen with discolouration and a loss of pulse. Despite these severe signs of acute limb ischaemia (blood clot), a vascular surgeon misdiagnosed the client with compartment syndrome, which affects the muscles rather than the veins. He was referred to orthopaedics where they correctly diagnosed him with an artery injury, but this was disputed by the vascular surgeon.
Following much back and forth between departments, a second opinion was sought from another vascular specialist who agreed with orthopaedics. The client was sent for emergency vascular surgery, however this caused the clot to fragment and disperse. His leg became unviable and amputation was the only option.
After losing his leg, he had to give up his job as managing director of a recruitment company.
This claimant received a settlement of over £1.7million. Read the full story here.
Blood clot misdiagnosed as angina
Another of our clients had a blood clot in his lungs misdiagnosed as angina. He was sent home from hospital with aspirin for his chest pains, without any scans taken.
When his condition deteriorated, he went back to hospital where investigations found he had a severe pulmonary embolism. By the time of diagnosis, the clots had advanced to such a degree usually only found after death. This left the man traumatised by his ordeal of coming so close to death.
This claimant received a settlement of £13,000. Read the full story here.
Failure to diagnose coeliac disease led to osteoporosis and loss of height
This claimant was seen by a dermatologist four times over a 14-month period for a skin condition that was causing him itchy, painful lesions. The dermatologist misdiagnosed it as various conditions including herpes, impetigo and a bacterial infection.
It was, however, dermatitis herpetiformis linked to the autoimmune condition coeliac disease. After the correct diagnosis was made some five years later, the client started a gluten-free diet and his skin condition improved.
However, the delayed diagnosis meant he developed osteoporosis which led to spinal fractures, pain and a loss of 6cm of heigh due to the impact on his bones.
This claimant received a settlement of £30,000. Read the full story here.
Missed discitis spinal infection after surgery
Another client of ours suffered with relentless back pain for nine months after multiple medical professionals failed to diagnose the spinal infection discitis. He developed symptoms such as severe pain, leg spasms and stiffness after spinal surgery on a slipped disc. The claimant had had three MRI scans which noted inflammation and disc depreciation, and junior doctors queried whether it could be caused by discitis, but no biopsies were taken to confirm or rule out the infection.
The misdiagnosis resulted in further damage to his the surrounding spinal discs which impacted his abilty to work.
The claimant received a settlement of over £500,000. Read the full story here.
Perineal tear misdiagnosed as second rather than third degree
A female client who had recently given birth had a perineal tear misdiagnosed as the less severe 2nd degree when it was actually a 3a tear. Due to the misdiagnosis, she had the tear repaired while still in the delivery suite instead of being transferred to theatre where the tear should have been repaired under spinal anaesthetic.
She continued to lose blood and the repair had to be redone in surgery. There were also issues with how the initial repair was done; the lip of the cervix has been stitched to the posterior vaginal wall and two labial tears had also been stitched together.
This claimant received a settlement of £3,000. Read the full story here.
How much compensation can you claim for misdiagnosis?
Compensation is split into two parts: general damages for your pain, suffering and emotional distress, and special damages for your financial losses caused by the misdiagnosis.
The amount of special damages you could claim depends on factors such as the severity of harm, your recovery prospects, any loss of earnings (past or present), or future medical or care needs.
For example, the cases mentioned above where the claimant had to give up work or were left with ongoing health issues would have warranted a larger amount of compensation than those whose health and lifestyle weren’t as severely impacted by the misdiagnosis.
How a medical negligence solicitor can help if you believe you were misdiagnosed
A misdiagnosis can be frightening and life-altering. Whether your treatment was delayed, incorrect, or based on an inaccurate diagnosis, you may have grounds for a compensation claim.
Speaking with a specialist medical negligence solicitor can help you understand your rights and take the first step toward getting answers - and justice.
A solicitor specialising in misdiagnosis claims will:
- Review medical records
- Gather independent expert evidence
- Establish whether substandard care occurred
- Demonstrate the harm caused
- Pursue compensation that reflects the full impact on your life
You typically have three years from the date you first realised negligence may have occurred. Because misdiagnosis can take time to uncover, seeking early legal advice is important.
At Medical Solicitors, we work on a No Win No Fee basis so there are no upfront costs for our legal fees. If your claim is successful, we deduct our costs as part of the settlement and this is usually recovered from the defendant on top of your compensation.