Medical practitioners have a duty to their patients to provide them with accurate and appropriate advice, information and treatment.
Unfortunately, this standard is not always met.
In recent years, medical misdiagnosis has become one of the most common causes of legal action in the UK.
Solicitors for Medical Misdiagnosis
Medical misdiagnosis can happen when an illness or condition goes completely undiagnosed by a healthcare professional, if the wrong diagnosis is made (and the wrong treatment is given) or when a diagnosis is made too late.
A 2023 study by the British Medical Journal (BMJ) estimates that misdiagnoses affect around 1 in 18 patients in primary and secondary care, meaning that more than 5% of patients experience a misdiagnosis in these settings.
A recent report (May 2025) suggests that in the last 12 months, the NHS has paid out more than £376m in damages and legal fees for more than 1,000 claims relating to medical misdiagnosis.
According to the report, the most common claims include unnecessary pain (183 claimants receiving a total of £16m in compensation), unnecessary or additional operations (113 people received a total of £18.5m in compensation), and claims for fatalities with the primary cause being failure, delay or wrong diagnosis (108 claims which garnered £24million).
Other commonly misdiagnosed illnesses include:
- Cancer.
- Heart attacks.
- Strokes.
- Meningitis.
- Sepsis.
Medical Negligence Legal Advice
Medical misdiagnosis is a form of medical negligence. While not all diagnostic errors qualify as medical negligence, if a GP, doctor, or other healthcare provider fails to meet certain acceptable standards of care, it may be considered medical negligence under UK law.
Legal Grounds for a Misdiagnosis Claim
To pursue a successful misdiagnosis claim, it must be demonstrated that:
- The healthcare provider owed a duty of care to the patient.
- The provider breached this duty by failing to provide the standard of care expected.
- The breach directly caused harm to the patient.
- The patient suffered quantifiable harm as a result.
It was reported in May that the Department of Health and Social Care (DHSC) has set aside £58.2bn to settle lawsuits arising from clinical negligence that occurred in England before 1 April 2024.
If you believe you have grounds for a claim of medical misdiagnosis or clinical negligence, you should seek specialist legal advice.
Medical Misdiagnosis Solicitors Near Me
If you or a loved one has been affected by medical misdiagnosis and want to know more about your legal rights, get in touch with Berlad Graham for a confidential consultation.
At Berlad Graham LLP, our specialist clinical negligence solicitors have extensive experience in medical misdiagnosis and medical negligence. We will assess the merits of your claim and advise on the right way to proceed.
For specialist legal advice on medical misdiagnosis claims, speak to Berlad Graham LLP on 0330 175 5655 or email info@bglaw.co.uk.
As part of your medical misdiagnosis claim, we also recommend that you:
- Consult another medical professional for a second opinion about your diagnosis, treatment, or effect of medical misdiagnosis.
- Gather your medical records and relevant documentation.
- Document and retain a record of your symptoms, treatments, and interactions with healthcare providers.
