A misdiagnosis claim may be possible where a medical condition was diagnosed incorrectly and you suffered avoidable harm as a result. This may include being diagnosed with the wrong condition, receiving the wrong treatment, experiencing a delay in correct treatment or being wrongly reassured that nothing was wrong.

Not every incorrect diagnosis will amount to medical negligence. A claim usually depends on whether the care provided fell below an acceptable standard and whether the misdiagnosis caused injury, illness, worsening symptoms, unnecessary treatment or other loss.

At P.A. Duffy & Co Solicitors, our experienced solicitors advise clients in Belfast, Dungannon and across Northern Ireland on medical negligence claims, misdiagnosis claims and other medical negligence compensation claims.

What Is a Misdiagnosis Claim?

A misdiagnosis claim is a type of medical negligence claim. It may arise where a healthcare professional diagnosed the wrong condition, failed to identify the correct condition or provided incorrect reassurance when further investigation should have taken place.

Misdiagnosis can happen in GP surgeries, hospitals, emergency departments, clinics, dental practices, care homes and other healthcare settings.

The key question is whether the misdiagnosis was avoidable and whether correct diagnosis would probably have changed the outcome.

What Types of Misdiagnosis Can Lead to a Claim?

Misdiagnosis claims may involve many different medical conditions. Examples can include:

• Cancer misdiagnosis
• Misdiagnosis of infection or sepsis
• Misdiagnosis of fractures or orthopaedic injuries
• Misdiagnosis of stroke or heart conditions
• Misdiagnosis of surgical complications
• Misdiagnosis of pregnancy or maternity complications
• Misdiagnosis of neurological conditions
• Misdiagnosis of dental or oral health problems
• Misdiagnosis in a care home or nursing home setting

A misdiagnosis does not automatically prove negligence. The evidence must show that the diagnosis should reasonably have been different and that the error caused avoidable harm.

When Could a Misdiagnosis Be Negligent?

A misdiagnosis may be negligent where a healthcare professional failed to act with reasonable skill and care. This may include:

• Failing to take a proper medical history
• Failing to examine a patient properly
• Failing to recognise warning signs
• Failing to arrange appropriate tests
• Failing to refer for specialist advice
• Misreading or failing to act on test results
• Failing to follow up abnormal results
• Giving incorrect reassurance
• Treating the wrong condition
• Discharging a patient too early

Each case depends on the medical facts. A solicitor can help review the timeline and advise whether the misdiagnosis may justify further investigation.

What Must Be Proved in a Misdiagnosis Claim?

To bring a misdiagnosis claim, it is usually necessary to show that:

• A healthcare professional owed you a duty of care
• The diagnosis was incorrect
• The incorrect diagnosis fell below an acceptable standard of care
• A correct diagnosis would probably have changed the outcome
• You suffered injury, illness, worsening symptoms, unnecessary treatment, delayed treatment, reduced recovery prospects or financial loss

Independent medical expert evidence may be needed to assess whether the diagnosis was negligent and whether it caused avoidable harm.

How Can Misdiagnosis Cause Harm?

Misdiagnosis can cause harm in different ways depending on the condition involved. It may lead to delayed treatment, unnecessary treatment, worsening symptoms or avoidable complications.

Examples of harm may include:

• Progression of illness or disease
• Receiving the wrong treatment or medication
• Undergoing unnecessary treatment or surgery
• Reduced treatment options
• Need for more extensive treatment
• Additional pain or symptoms
• Longer recovery period
• Psychological distress
• Financial loss due to time off work or care needs

In some cases, misdiagnosis can have serious or long-term consequences.

Can I Claim for Cancer Misdiagnosis?

A cancer misdiagnosis claim may be possible if cancer was missed, wrongly diagnosed as another condition or not properly investigated, and this caused avoidable harm.

These claims may involve missed symptoms, delays in referral, screening issues, scan or biopsy errors, abnormal results not being followed up or incorrect reassurance.

P.A. Duffy & Co Solicitors advise clients on cancer misdiagnosis and delayed diagnosis claims across Northern Ireland.

Can I Claim If I Was Given the Wrong Treatment?

A claim may be possible if you received the wrong treatment because of an incorrect diagnosis and this caused avoidable harm.

This may include unnecessary medication, inappropriate treatment, avoidable side effects, unnecessary surgery or delay in receiving the treatment that was actually needed.

The claim will usually depend on whether the diagnosis and treatment decisions were unreasonable in the circumstances and whether they caused injury or loss.

What Evidence Is Needed for a Misdiagnosis Claim?

Evidence may include:

• GP records
• Hospital records
• Referral letters
• Appointment notes
• Test results
• Scan reports
• Screening records
• Discharge summaries
• Prescription records
• A timeline of symptoms, diagnosis and treatment
• Witness evidence from family members or carers
• Independent medical expert evidence
• Evidence of financial loss

Medical records and expert evidence are often important because they help show what information was available at the time, what diagnosis should have been considered and whether the misdiagnosis caused avoidable harm.

How Long Do I Have to Claim for Misdiagnosis?

Strict time limits apply to medical negligence claims. In Northern Ireland, personal injury claims generally have a three-year limitation period, which may run from the date of injury or from the date you became aware that negligence may have caused harm.

Misdiagnosis cases can be complex because the date of knowledge may not be clear. You should seek legal advice as early as possible so that limitation can be considered properly.

What Should I Do If I Think I Was Misdiagnosed?

If you think you were misdiagnosed, it can help to write down a clear timeline of symptoms, appointments, tests, diagnosis, treatment and any change in your condition.

You should also keep copies of GP letters, hospital letters, appointment notes, discharge notes, test results, prescriptions, photographs, receipts and any documents showing time off work or additional costs.

You do not need to have all the evidence before speaking to a solicitor. A solicitor can advise whether the misdiagnosis may justify further investigation and what evidence may be needed.