Medical Negligence

Medical Misdiagnosis Claims

If you’ve received an inaccurate diagnosis, our expert team of solicitors can help you with your medical negligence misdiagnosis claim. We have experience with sensitive cases, so you can be sure that your situation will be handled with care and compassion.

Get in touch for an informal chat with one of our legal experts to learn more.

Get in touch

What is medical misdiagnosis?

Medical misdiagnosis happens when a healthcare provider fails to give you the correct duty of care. As a result, you can suffer from an undiagnosed condition or injury that leads to further pain and suffering. In many instances, a misdiagnosis can have life-changing consequences and may prompt someone to pursue a medical misdiagnosis claim for compensation.

Medical misdiagnosis might involve a healthcare provider doing the following:

Misreading test results
Failing to examine you thoroughly
Showing a lack of attention to your medical history
Disregarding concerns you’ve raised
Dismissing symptoms
Sending you to the wrong specialist

Is misdiagnosis medical negligence?

Yes, medical misdiagnosis is a form of medical negligence. This is when a patient suffers harm as a result of a healthcare provider breaching their duty of care.

Examples of injuries and conditions that could be medically misdiagnosed

Patients with the following injuries could be at risk of medical misdiagnosis or negligence:

Patients with the following conditions or diseases could also be at risk of medical misdiagnosis or negligence:

Cancer (including bowel, breast, prostate and more)
Parkinson’s disease
Cerebral palsy
Multiple sclerosis
Meningitis and other infectious diseases
Diabetes

Other examples include conditions or injuries surrounding women’s health and gynaecology, such as endometriosis, adenomyosis, pregnancy-related injuries, childbirth injuries and more. Unfortunately, women in the UK have raised concerns about their symptoms being dismissed by doctors.

In severe cases, someone may sadly die due to medical negligence or misdiagnosis.

Whatever your experience, you shouldn’t dismiss the pain or trauma it may have caused you. If you have received a medical misdiagnosis, you could be eligible to claim compensation to help you and any loved ones.

Can I make a claim for medical misdiagnosis?

Yes, you could be eligible to make a legal claim against a healthcare provider if you have received a medical misdiagnosis.

According to NHS Resolution, clinical negligence payments to claimants amounted to over £1.9 billion in 2022/23.

For your claim to be valid, you need to provide evidence that medical misdiagnosis is directly related to the injury or condition you have suffered from. Our specialist medical misdiagnosis claim lawyers can work with you to build your case for compensation.

Why make a medical misdiagnosis claim?

There are reasons why making a medical misdiagnosis claim can be beneficial. Seeking medical misdiagnosis compensation is a way of getting justice and can help you to move on from the experience. It will allow you to access sufficient rehabilitation and support too.

Support will look different to each individual and can include physical therapy, psychological assistance or rehabilitation for the workplace. The earlier you begin the claims process, the sooner you can access this support if successful.

Raising a medical misdiagnosis claim can also help to prevent others from being at risk. Lessons can be learned and standards can be raised to ensure fewer people experience what you’ve been through.

Contacting us

If you or someone you know has suffered medical misdiagnosis, there may be a valid case for compensation. You can have a no-obligation chat with us to find out whether you have a successful medical misdiagnosis claim.

Why choose Bolt Burdon Kemp for your medical misdiagnosis claim?

You can count on our medical misdiagnosis lawyers to help you claim a fair amount of compensation. Here’s why you can trust Bolt Burdon Kemp:

Experience: For over 35 years, we’ve handled many cases involving medical misdiagnosis or negligence and have success stories to show for it.
‘No win no fee’: We can take your case on a ‘no win no fee’ basis, meaning you won’t have to pay a penny unless you win your case.
Compassionate: We are professional in our service, but that doesn’t mean we don’t treat each case with care and kindness.
Partners: We work alongside partner organisations such as the Brain Injury Group (BIG), Birthrights and Headway so we can give you extensive support throughout.
Awards: We’re proud to be recognised as one of the leading firms in personal injury by the independent Chambers and Partners and The Legal 500.
Accredited: Each year, we’re assessed and awarded under the Lexcel practice management standards and we’re also members of The Law Society’s Personal Injury Accreditation scheme.
Testimonials: Read reviews from hundreds of our clients to learn about the support we’ve provided through a wide range of cases.

Contacting us

If we think you have a good claim, we can offer you funding options. The majority of our medical misdiagnosis claims are funded by Conditional Fee Agreements (‘no win no fee’) where there are no upfront fees.

Call one of Bolt Burdon Kemp’s medical misdiagnosis solicitors on or contact us online.

Medical misdiagnosis claim case study

We’ve helped several clients with medical negligence cases involving misdiagnosis. In one instance, a young woman experienced a three-year delay in her breast cancer diagnosis.

Her symptoms were not considered suspicious initially because of her young age. When she was finally diagnosed, the cancer had become too advanced to be controlled. Despite starting aggressive cancer treatment, she passed away.

We supported her mother in continuing to fight her daughter’s case. She secured compensation of £90,000 despite it being a strongly defended case.

You can view more of our success stories involving medical misdiagnosis and negligence.

What is medical negligence?

Who is my medical negligence claim against?

What’s gone wrong?

Cancer Misdiagnosis

Bowel and Colon Cancer Misdiagnosis Claims

Female Cancers

Breast Cancer

Death due to Medical Negligence

Meet our Medical Negligence Team

Josh Hughes

Head of Complex Injury

Hannah Travis

Associate – Part of the Medical Negligence Team

Olivia Boschat

Associate – Part of the Medical Negligence Team

Katie Lovick-Norley

Solicitor – Part of the Medical Negligence Team

Meet the full team

FAQs

What is the medical misdiagnosis claims process?
If you decide to go ahead with a medical misdiagnosis claim, there’s a simple process to follow. Here’s what you can expect:
- Begin with an informal, no-obligation chat.
- Assuming there’s a good chance of winning the case, you may be asked to provide more documents.
- If both you and our medical misdiagnosis lawyers are happy to proceed, we will start more detailed investigations and speak about funding. Otherwise, if the case isn’t strong enough or you aren’t happy with our funding agreement, you can walk away without paying anything.
- If everybody is satisfied, we will reach out to the defendant (the person we believe is to blame) and lay out your claim.
- If the defendant accepts responsibility, we will negotiate your medical misdiagnosis compensation. However, if they don’t, the case might go to an employment tribunal or court. We might be able to represent you in court. If you need to testify, we will support you through this.
What are the time limits for making a medical misdiagnosis claim?
There is typically a time limit of three years to bring a medical misdiagnosis or negligence claim. This can be classed as either of the following:
- Three years from the time the negligence occurred
- Three years from when you first became aware that there was a problem (if this was later than the time at which the negligence occurred)
However, if you think you might have a claim based on an incident that took place more than three years ago, you should still contact a medical misdiagnosis solicitor as soon as possible. Time limits are dependent on each case and there are exceptions if the patient lacks the mental capacity to understand what has happened or has sadly passed away.

Another occasion where the three-year limit may not apply is if the person making the claim is a child under the age of 18. In this case, they have three years from the date of their 18th birthday to bring a claim.
Who can I make a medical misdiagnosis claim against?
You may be able to make a medical misdiagnosis claim against the following types of healthcare providers:
Find out more about who you can make a medical misdiagnosis or negligence claim against.
Can I make a claim against the NHS for a medical misdiagnosis claim?

Understandably, you may feel uncomfortable suing the NHS. However, it is important to remember that you are owed a duty of care. If this is breached, you are eligible to claim medical misdiagnosis or negligence compensation for the resulting pain and any genuine losses you have experienced. NHS Resolution is responsible for claims management and has a dedicated process set aside for patient claims.

Find out more about making a claim against the NHS.
Can I make a medical misdiagnosis claim on behalf of someone else?

Yes, we have handled medical misdiagnosis compensation cases where someone has claimed on behalf of someone close to them. This can be because that person passed away or isn’t well enough to make a claim themselves. You can also make a medical misdiagnosis claim on behalf of a child below the age of 18.

Find out more about being appointed as a person’s litigation friend.
Will my case be taken to court?

Most medical misdiagnosis claim cases are not taken to court. NHS Resolution reported that between 2022 and 2023, 80% of clinical claims were settled without entering court proceedings. This is an indication of what to expect and may settle any worries you have about this.

Regardless, we understand that the prospect of court may feel intimidating – particularly after everything you’ve been through. If your case does get taken to court, we will support you through the process, step by step.

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Lianne Higgins

It is rare to find a solicitor who combines such personal touches and care for a client with outstanding quality of service. I feel incredibly fortunate to have had Gaggan and the BBK team by my side during one of the most challenging periods of my life.

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marilyn markall

Bolt bourdon kamp acted for me. Thay came in at the last minute so the case was difficult. They took it on against all odds. I had solicitor Heather petrie who was excellent she had a great understanding of my problems from a brain injury she was professional and sympathetic. I would highly recommend her. Later Hoffman wong helped the case. He was good too. I will highly recommend. Bolt budon kemp especially the solicitors mentioned. Heather also contacted me in her own time to keep me informed. I can't thank her enough at a difficult time.

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keith monaghan

I can say to this point in case they have been there surporting me. Julia very helpful and friendly. And have organised well to get us over the line. We won our part 36 .so technically the case is over. I did take advice from them but feel in my case. it right decision. I realise they are a business and have to earn money like everyone . Everything they said. They would do .. Case took a long time .but I think this quite normal under our circumstances. I have been awarded compensation and im hoping they deal with swiftly and put the cherry on the cake
It is important they make sure this is done after all the hard work they put in and what I had to go through. Julia allways ask me what I wanted to do. Yes she would give me advice but bottom line It my choice.
I would advice anyone out there who looking for a good solicitors firm to speak to these guys. I'm actually 24 hours away on flight
So that a big time difference but they managed it.
So well done big Thanks
Bolt burden Kemp .special thanks to Julia for she did for me.

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Milo Apostolou

I approached this law firm when I needed specialised advice for a medical negligence claim , I would give more stars if I could , not only did they take the case on we also won triumphantly, I want to thank the whole team from Olivia , to Hockman , to molly , the reception staff , every member of that firm I spoke to were extremely professional.
Beautiful office,
Highly recommend this firm

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Jennifer Brissett

I cannot thank Bolt Burdon Kemp enough for their help dealing with my medical negligence case against the NHS

Hannah Travis dealt with my case she was very patient, she really listened to what I had to say and showed me empathy.

I was kept updated through every process via emails, post, phone calls, from day one to the end of my case. Everyone who dealt with me were very professional

I would recommend Bolt Burdon Kemp to anyone who believes they have a negligence case. They certainly went above and beyond my expectations

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marilyn markall