Suing a Hospital Doctor for Misdiagnosis

Is suing for misdiagnosis compensation possible against the NHS? How can I tell if I am eligible to make a claim for a misdiagnosis?

Suing for misdiagnosis compensation is the right of any NHS patient, provided that they have been misdiagnosed with an illness that has caused them to come to harm, and that a correct diagnosis of a condition would have prevented harm coming to a patient. Suing for misdiagnosis compensation requires certain criteria to first be satisfied and compensation is not possible for every medical misdiagnosis, and the individual circumstances of each case must be properly assessed.

In order to determine eligibility to sue for damages, you should speak to a specialist medical negligence solicitor for advice. After giving an account of your symptoms, the examinations and tests that you had, and the diagnosis and treatments that were provided by the doctor, a medical negligence solicitor will be able to tell you if suing for misdiagnosis compensation is possible.

The standard criteria which apply when suing for misdiagnosis compensation is that there must has been a failure in a duty of care to you as a patient, that the breach in a duty of care has caused you to suffer an injury, experience a loss or come to harm as a result. You must also demonstrate that had a correct diagnosis been made, that injuries, loss or harm were avoidable. When suing for misdiagnosis compensation, you must be able to establish ‘on the balance of probabilities’ that this was the case.

To do this requires professional medical opinion to be sought.  In order to prepare the strongest possible case, a medical negligence solicitor would be able to arrange consultations with medical professionals best suited to give their opinions on your case.

Before suing for misdiagnosis compensation you must notify the NHS of a complaint. If a complaint is not made to the NHS, suing for misdiagnosis compensation will not be possible. When the NHS has been notified of your complaint, the circumstances surrounding your misdiagnosis, and has been given time to respond, it will then be possible to start the process of suing for misdiagnosis compensation.

A medical negligence solicitor will be able to help you prepare the NHS complaint letter, and will advise you what must be included, and how the complaint letter should be structured. Once a reply has been received, the process of suing for misdiagnosis compensation can begin.