Misdiagnosis Claims Solicitors
Being given the wrong diagnosis, a late diagnosis, or no diagnosis at all can have devastating consequences. For many people, it means a condition that could have been treated early was allowed to progress, sometimes with permanent or life-changing effects on their health, their finances, and their family.
If you believe a healthcare professional failed to diagnose your condition correctly, and that failure caused you harm, you may be entitled to make a clinical negligence claim. At JNP Legal, our medical negligence solicitors support individuals and families across South Wales with clear, sensitive, and practical legal advice at every stage of the process.
We handle claims against both NHS and private healthcare providers, and many cases are funded on a No Win, No Fee basis, so you don’t need to worry about upfront legal costs.
Start your misdiagnosis claim with JNP Legal
We’re a regional law firm serving clients across South Wales and beyond. If you’re ready to talk, or simply want to understand your options, our team are here to help.
Contact us through any of our offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun. Email us at law@jnplegal.org, call your nearest office, or complete our enquiry form. We offer a free initial appointment and will always explain your options clearly.
What is medical misdiagnosis?
Medical misdiagnosis occurs when a healthcare professional fails to identify a patient’s condition correctly or within a reasonable timeframe. This includes receiving a completely wrong diagnosis, having a condition go undetected, or experiencing a significant delay before the right diagnosis is made.
Not every misdiagnosis gives rise to a legal claim. To succeed, you’ll need to show that the healthcare professional’s conduct fell below the standard expected of a competent clinician in the same position, and that this failure caused you harm you wouldn’t otherwise have suffered.
Types of misdiagnosis claim we handle
Wrong diagnosis
A wrong diagnosis occurs when a medical professional identifies the wrong condition entirely. This can lead to inappropriate treatment that causes further harm, while the underlying condition remains untreated.
If a competent clinician in the same position would have reached the correct diagnosis, and the error caused you harm, you may be able to bring a claim.
Missed diagnosis
A missed diagnosis happens when a healthcare professional fails to identify a condition altogether. This can occur when test results are overlooked, symptoms are dismissed, or a referral that should have been made was not. The consequences can be severe, particularly where early diagnosis would have significantly improved the outcome.
Delayed diagnosis
A delayed diagnosis is one where the correct condition is eventually identified, but not within a reasonable timeframe.
Even where a patient ultimately receives the right diagnosis, a significant delay can allow a condition to worsen, reduce treatment options, and affect long-term prognosis. If an earlier diagnosis would have led to a substantially better outcome, a claim may be possible.
Commonly misdiagnosed conditions
Cancer misdiagnosis
Cancer misdiagnosis is one of the most serious and frequently litigated areas of medical negligence. A delayed or missed cancer diagnosis can mean the difference between a condition that is treatable and one that has become life-limiting. Common examples include missed diagnoses of breast, bowel, cervical, and skin cancer.
Cauda equina syndrome and spinal misdiagnosis
Cauda equina syndrome (CES) is a serious neurological condition affecting the nerves at the base of the spine. It requires emergency intervention, and delays in diagnosis can result in permanent paralysis, bladder and bowel dysfunction, and chronic pain. CES is frequently mistaken for a musculoskeletal back problem.
Stroke and subarachnoid haemorrhage
Stroke symptoms are sometimes attributed to migraine, vertigo, or other conditions, leading to critical delays in treatment. A subarachnoid haemorrhage (bleeding on the brain) can similarly be mistaken for a severe headache. Where prompt treatment is not given, the consequences can be fatal or permanently disabling.
Meningitis and sepsis
Meningitis and sepsis are both medical emergencies where early treatment is essential. Both conditions can deteriorate rapidly, and a failure to identify them promptly can result in serious long-term harm, including organ failure, limb loss, and brain damage.
Heart attack and cardiac conditions
A heart attack can present with symptoms that overlap with other conditions, including anxiety, indigestion, or musculoskeletal pain. Where cardiac symptoms are missed or dismissed, particularly in younger patients or women, the consequences can be catastrophic.
Appendicitis and other acute abdominal conditions
Appendicitis, bowel obstruction, and ectopic pregnancy are conditions that require urgent diagnosis and treatment. Delays in identifying these conditions can lead to rupture, serious infection, and other life-threatening complications.
Fractures and orthopaedic injuries
Fractures are sometimes missed on initial imaging or examination, particularly in complex areas such as the wrist, foot, or spine. An undetected fracture can result in malunion, long-term pain, and reduced function if not treated correctly and promptly.
Diabetes and endocrine conditions
Diabetes, thyroid disorders, and other endocrine conditions can be difficult to identify initially, but a failure to investigate or diagnose them appropriately can lead to serious complications over time, including neuropathy, cardiovascular disease, and organ damage.
Endometriosis and gynaecological conditions
Endometriosis is frequently underdiagnosed, with many patients experiencing years of unexplained pain before receiving the correct diagnosis. Delays can result in progressive damage, fertility problems, and a significant reduction in quality of life.
How do I prove a misdiagnosis claim?
To succeed in a misdiagnosis claim, you’ll need to establish two key things. First, that the healthcare professional’s conduct fell below the standard expected of a competent clinician in the same position. Second, that this failure caused you harm you wouldn’t have suffered had the correct diagnosis been made.
Independent medical expert evidence plays a central role in this process. Your solicitor will instruct independent specialists to review your medical records and provide a professional opinion on whether the standard of care was met and whether the misdiagnosis caused your injuries.
What evidence will I need?
Evidence in a misdiagnosis claim typically includes your full medical records, GP notes, hospital letters, test results, and imaging reports. Witness statements from you, and sometimes from family members, can also support your case.
Your solicitor will guide you through what’s needed and help you gather the appropriate documentation. You don’t need to have everything in place before you get in touch.
Time limits for misdiagnosis claims
In most cases, you have three years from the date of the misdiagnosis, or from the date you first knew, or reasonably should have known, that the misdiagnosis caused your harm, to bring a claim. This is known as the limitation period.
Important exceptions apply. For children, the three-year period doesn’t begin until their 18th birthday. Where a person lacks mental capacity, the time limit may not apply for as long as that incapacity continues.
For claims arising from a death, the three-year period runs from the date of death or the date of knowledge, providing that the limitation period did not expire during the deceased’s lifetime.
How much compensation could I receive?
The amount of compensation you may be entitled to depends on the specific circumstances of your case, including the nature and severity of your injuries, the impact on your daily life, and any financial losses you’ve incurred.
Compensation is typically made up of general damages (for pain, suffering, and loss of amenity) and special damages (for financial losses such as lost earnings, care costs, and medical expenses). Your solicitor will assess your individual circumstances and advise on a realistic estimate once the evidence has been reviewed.
Funding your claim - No Win, No Fee
Many misdiagnosis claims at JNP Legal are handled under a Conditional Fee Agreement (CFA), more commonly known as No Win, No Fee. Under this arrangement, you won’t be required to pay your solicitor’s fees if your claim is unsuccessful.
Other funding options may also be available, including legal expenses insurance, which is sometimes included in home or car insurance policies. We’ll discuss the most appropriate funding arrangement for you at the outset, so you have a clear picture of costs from day one.
Claims against the NHS and private providers
Misdiagnosis claims can be brought against NHS trusts, private healthcare providers, and health boards alike. The legal process is broadly the same in both cases.
As our blog post on bringing a claim against the NHS explains, pursuing a claim doesn’t need to be as daunting as it may seem. Independent medical experts assess the evidence objectively, and compensation in NHS claims is funded by NHS Resolution rather than the treating clinician.
Why choose JNP Legal for your misdiagnosis claim
Our team understands that misdiagnosis claims often arise from deeply personal and distressing experiences. We bring experience, care, and practical expertise to every case, and we take the time to understand your individual situation before advising on the right course of action.
JNP Legal holds the Lexcel accreditation for outstanding practice management and is accredited by the Association of Personal Injury Lawyers, reflecting our commitment to quality and client care.
Our client testimonials speak to the trust clients place in our advice. We’re transparent about costs, accessible across South Wales, and committed to building a relationship based on trust, reliability, and personal service.
Frequently asked questions about misdiagnosis claims
What counts as medical misdiagnosis in the UK?
Medical misdiagnosis occurs when a healthcare professional fails to diagnose a condition correctly by reaching the wrong conclusion, missing a diagnosis entirely, or making the correct diagnosis too late. To form the basis of a legal claim, the error must represent a breach of the standard of care expected of a competent clinician, and it must have caused you harm.
Can I sue the NHS for misdiagnosis?
Yes. You can bring a misdiagnosis claim against an NHS trust, and the process follows the same legal framework as any medical negligence claim. Your ongoing care will not be affected by making a claim.
How long do I have to make a misdiagnosis claim?
In most cases, three years from the date of the misdiagnosis or from the date you first knew, or ought reasonably to have known, that it caused you harm.
Different rules apply to children and to those who lack mental capacity. We’d always recommend seeking advice as early as possible, as time limits can be complex.
What if my loved one died because of a misdiagnosis?
If a misdiagnosis contributed to a loved one’s death, their estate and certain dependants may be entitled to bring a claim. We understand how distressing this situation is, and our solicitors will handle your case with the greatest sensitivity and care.
Will I need to go to court?
Most misdiagnosis claims are resolved through negotiation and never reach a court hearing. However, if a fair settlement can’t be agreed, court proceedings may be necessary. Your solicitor will explain the realistic prospects and keep you informed at every stage.
Can I make a claim on behalf of a child or someone who lacks capacity?
Yes. A parent or guardian can act as Litigation Friend and bring a claim on behalf of a child. Similarly, someone with appropriate legal authority can act on behalf of a person who lacks mental capacity. Our solicitors can explain the process clearly and help you understand your role and responsibilities.
Will making a misdiagnosis claim affect my ongoing NHS care?
No. Making a claim will not affect the care you receive from the NHS. You’re fully entitled to bring a claim while continuing to receive treatment, and NHS staff are not made aware of personal injury proceedings in a way that would influence your care.
Contact our misdiagnosis solicitors in Merthyr Tydfil, Cardiff, Nelson and Pontyclun
We serve clients across South Wales and beyond from our offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Please email us at law@jnplegal.org or call the number for your nearest office. Alternatively, fill out our enquiry form and we’ll respond to you quickly.