Challenging a misdiagnosis

Is a misdiagnosis a type of medical negligence?

A misdiagnosis or delayed diagnosis is a type of medical negligence. When you are ill or do not feel right in yourself, the usual next step is to see a healthcare professional, receive a diagnosis, potentially some treatment and/or a treatment plan, and then you return to regular life. However, when you receive an incorrect or delayed diagnosis, this process is altered and there can be some serious repercussions. Medical misdiagnosis can lead to:

• delayed treatment,
• incorrect treatment,
• worsened conditions or a less favourable prognosis
• in extreme cases, deaths that could have been prevented.

If you feel you have been misdiagnosed, it is important that you have the knowledge on how you can advocate for your health and ensure a healthcare professional listens.

How common is medical misdiagnosis?

While many people think it would never happen to them, medical misdiagnosis is more common than you might think. In 2023, the British Medical Journal (BMJ) conducted a study which found that around 1 in 18 patients in primary and secondary care are affected by misdiagnosis. They also found that misdiagnosed cancers, strokes, and heart attacks were among the most serious cases, often leading to life-altering consequences or even death.

These statistics show how common misdiagnosis is amongst NHS trusts and highlight that everyone would benefit from understanding how to advocate for themselves in these situations.

How can medical misdiagnosis - or a delayed diagnosis - happen?

Research we undertook has revealed that nearly 1 in 5 people surveyed (17.2%) know they have been misdiagnosed by a medical professional. This goes to show that anyone could be misdiagnosed, and it is important to understand how it could happen so you know what to look out for. Some key contributors to misdiagnosis are:

• Understaffing and overworked healthcare professionals – Doctors and nurses are frequently handling more patients than they should, leading to rushed consultations and errors.
• Lack of specialist knowledge – General practitioners (GPs) may not recognise symptoms of less common conditions, delaying referrals to specialists.
• Reliance on digital tools – While AI is being increasingly used to assist with diagnoses, it is not foolproof and can lead to incorrect diagnoses’ if not monitored closely.
• Diagnostic testing errors – Lab errors, misinterpreted scans, and administrative mistakes contribute significantly to misdiagnosis cases.
• Communication failures – Poor communication between departments and lack of follow-up on test results are common causes of diagnostic errors.

While you may feel it should not be your responsibility to remember these factors, knowledge of them can give you even more power over your health. Knowing that doctors may feel rushed might mean you make an even greater effort to push for what you need. Knowing the causes helps you know what you are competing with.

How to advocate for yourself following medical misdiagnosis

It is vital that you feel heard by your GP or healthcare professional and that your concerns are taken on board. Our research found that nearly 45% (44.31%) of people do not feel confident in challenging a GP if they felt they had been misdiagnosed.

Questioning a healthcare professional can feel rude or seem scary, but no one knows your body and your health better than you.

It can be incredibly frustrating asking for help and then feeling like you have not been heard, or you have been rushed. It might also deter you from seeking medical attention in the future based on a bad experience, however it is important to remember you have more power than you think over your healthcare.

Ways you can advocate for yourself after a misdiagnosis include:

• Asking for a second opinion.
• Asking direct questions about how the diagnosis was made and what it was based on.
• Asking to be talked through the results of any tests done and have what they mean explained to you.
• Asking for a referral to a specialist if you have not already seen one.

Taking charge of your healthcare and advocating for yourself can be daunting, but it is also essential. We have created a toolkit with downloadable resources to offer you support in situations where you need it. These resources can be given directly to your GP to aid in you receiving the care you need. Find this toolkit and resources here.

Can I sue for medical misdiagnosis?

If you have suffered unnecessary harm because of a misdiagnosis, you may be able to claim for damages. Our expert team can help you breakdown the details of your situation and offer guidance on whether you could be owed compensation.

At Slater and Gordon, we believe that finances should limit the justice you deserve for suffering from medical negligence. This is why the majority of the claims we investigate are done so by way of a ‘No Win No Fee’ agreement.

Our team have experience in all kinds of medical negligence cases and are on hand to offer personalised support from start to finish.

If you believe you have had a delayed diagnosis or misdiagnosis, or you believe the medical care and treatment you have received following a diagnosis has been substandard, contact our medical negligence solicitors.

Contact us online today or call us on 0330 041 5869.