Medical Negligence Solicitors
As solicitors specialising in clinical negligence, a large part of our work involves helping clients whose lives have been severely impacted by medical misdiagnosis or delayed diagnosis.
When a medical professional misses red flag symptoms, misinterprets test results, or misdiagnoses a condition, the consequences for the patient can be devastating, leading to unnecessary suffering, a worsened prognosis, or even preventable death.
It is important to understand that a misdiagnosis may not always be negligent.
Doctors and other medical professionals make decisions based on the information available at the time.
The Legal Test for Negligence – Breach of Duty (1)
Negligence is when a doctor or medical professional breaches their duty of care towards a patient.
The test to establish negligence (ie whether the duty of care has been breached) is known as the “Bolam” test. The test was set by the Court in Bolam v Friern Hospital Management Committee (1957). In that case the Judge said:
“The true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”
A doctor or medical professional would therefore only be negligent if it can be proven that a competent body of medical professionals, acting reasonably in the same field, would have made a correct diagnosis.
Here are some common examples of missed or wrong diagnosis cases and the serious impact they can have.
Common Examples of Missed and Wrong Diagnoses
- Missed Fractures
One of the most frequent types of missed diagnoses occurs in Accident & Emergency (A&E) departments, where fractures are often mistaken for minor sprains or soft tissue injuries.
- Example: A patient attends A&E after a fall, but an X-ray is misinterpreted, and a scaphoid fracture in the wrist is missed. If not treated promptly, the bone may not heal correctly, leading to long-term pain, reduced mobility, and early arthritis, potentially requiring more invasive surgery later.
- Delayed Cancer Diagnosis
The most tragic cases involve delays in diagnosing cancer, where time is often of the essence. Delays can drastically reduce treatment options and life expectancy.
- Example: A patient repeatedly visits their GP with “red flag” symptoms such as changes in bowel habits, fatigue, or a persistent lump, but is told it is just IBS or anxiety. By the time the correct diagnosis of bowel or breast cancer is made, the cancer has advanced to a stage where curative treatment is no longer possible, or more aggressive treatment (such as chemotherapy/radiotherapy that impacts fertility) is required.
- Misdiagnosis of Serious Infections (e.g., Sepsis, Meningitis)
Infections like sepsis and meningitis or endocarditis can be difficult to diagnose as their early symptoms can mimic less serious illnesses like a common flu or gastroenteritis.
- Example: A patient presents with a high temperature, extreme muscle pain, and confusion, but is discharged with antibiotics for a less severe infection. When vital signs are missed and the correct urgent treatment is delayed, the patient may suffer septic shock, requiring amputations, or in the worst cases, the delay can be fatal.
- Missed Vascular Conditions (e.g., DVT, Heart Attack, Stroke)
Conditions involving blood flow problems require immediate attention. A failure to diagnose a Deep Vein Thrombosis (DVT) or a heart attack can have life-threatening consequences.
- Example: A patient with chest pain radiating to the shoulder is told it is indigestion or an anxiety attack and sent home. If the patient was having a heart attack, the delay in treatment can cause significant heart muscle damage or death.
- Example: A patient attends A& E with suspected TIA (mini stroke), and the doctor fails to take a proper history therefore misdiagnosing the TIA. As a result, the patient is sent home and told they can continue as normal. A short time later the patient goes on to have a full-blown stroke with life changing disabilities.
The Legal Test for Negligence – Causation (2) :
Once it is established that there was a breach of duty it must be proved that the breach of duty caused a patient to suffer avoidable harm. If the patient would have gone on to suffer the harm regardless of the negligence (eg if he or she would have suffered the heart attack or stroke anyway even if they had been diagnosed and treated in the initial stages), then the claim would fail on causation.
This is why it is so important to investigate the claim thoroughly. We will obtain your medical records and independent medical evidence to build a strong evidential case.
Compensation for medical or clinical negligence
You will be entitled to claim compensation for all losses which flow from the negligent act or omission, including compensation for pain and suffering as well as financial losses such as loss of earnings, the cost of private medical care and any necessary home adaptations.
If you believe you or a loved one has suffered due to a missed or wrong diagnosis, it is crucial to seek specialist legal advice as soon as possible, as there are very strict time limits which apply for bringing a claim. Do not delay as you may not be able to obtain legal representation if you leave it too long.