GP negligence: what can you do about a misdiagnosis?
Published - 22/09/2023
When unwell, you trust your GP to diagnose the problem correctly and prescribe the proper treatment. Unfortunately, in some instances, GPs can mistake a condition for another (wrong diagnosis) or miss the signs altogether, resulting in a missed or late diagnosis.
The implications of a medical misdiagnosis can be severe: your condition could worsen, or you could be treated for something other than what's causing your symptoms. However, a misdiagnosis is not always the result of negligent GP treatment. This article looks more closely at GP negligence, including examples of negligent diagnoses and how a medical negligence solicitor can help you.
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What is the difference between GP medical negligence and a misdiagnosis?
What does a negligent misdiagnosis look like? How to identify clinical negligence
Here we explore why misdiagnosis is so important to identify
You may be eligible for misdiagnosis compensation for your delayed diagnosis
Our solicitors can support you with your medical malpractice claim or provide legal advice
Is a medical misdiagnosis always considered negligence?
A missed or incorrect diagnosis can result in your condition worsening or persisting if you do not receive the correct treatment in good time. If this has happened to you, you may want to consider whether you are the victim of medical malpractice.
A GP can reach an incorrect diagnosis despite following correct procedures and treating you to the best of their ability. This can occur if your symptoms are very similar to another condition. However, a negligent misdiagnosis results from your GP failing to uphold a duty of care, causing them to miss your condition or diagnose and treat the wrong one. If you believe your GP has failed in their responsibilities towards you, it would be worth seeking legal advice to ascertain any basis for a medical negligence claim.
Examples of negligent misdiagnosis
If you have been misdiagnosed by your GP or another medical professional and wish to claim medical negligence compensation you might want to refer to the following common examples of medical misdiagnosis.
- Not arranging preliminary or appropriate tests
- Misreading test results
- Not conducting an adequate exam
- Failing to acknowledge your medical history
- Not recording symptoms properly
- Prescribing medication for the wrong condition
What are commonly misdiagnosed problems
When you're a patient seeking medical attention, you want to be sure that your doctor is diagnosing the correct problem so you can receive treatment immediately. On rare occasions, symptoms are missed or mistaken, and potentially severe illnesses go undiagnosed—sometimes with fatal consequences.
Here are some common problems that can be misdiagnosed:
- Cancer – as benign lesions or other conditions; delayed diagnosis or wrong diagnosis can lead to delayed treatment and potentially reduced survival rate.
- Diabetes – often misdiagnosed as flu, chronic fatigue, or pancreatitis. Incorrect misdiagnosis can lead to delayed treatment or even permanent nerve damage.
- Meningitis – can be misdiagnosed as a cold or flu; it can cause lasting brain damage or death if not treated promptly.
- Heart conditions – heart problems can be misdiagnosed as many other conditions, including indigestion or anxiety, and can lead to severe consequences if not treated promptly.
- Broken bones – fractures may go undetected and cause lasting pain and disfigurement; bones can heal improperly.
- Head injuries – concussions/brain injuries may go undetected and risk causing lasting brain damage or death.
- Appendicitis – early stages of the disease can be diagnosed as digestive discomfort, and failure to identify appendicitis can lead to severe illness or death.
- Sepsis – the widespread bacterial infection of the blood can be misdiagnosed as flu, a pulmonary embolism or several other conditions if not tested for thoroughly.
Have you been misdiagnosed, and it caused you harm?
Contact a specialist solicitor today!
Can you sue for GP misdiagnosis?
If your GP has misdiagnosed your condition, there are several things you can do about it. If you have not suffered a loss or personal injury due to GP negligence, you can write a formal letter of complaint to the GP practice or NHS Trust outlining your experience. Alternatively, you have three years to make a medical misdiagnosis claim from the day you receive or are aware of the correct diagnosis.
If another GP confirms your original diagnosis and treatment plan, then it's unlikely that the initial medical misdiagnosis was negligent. However, if another GP disagrees with your original diagnosis and treatment, it could suggest clinical negligence on behalf of your first doctor. To make a claim, you must be able to prove that there was a breach of duty of care and that this led to personal injury or loss. Learn more in our full guide on GP negligence
How can medical negligence solicitors help?
Building a medical negligence case and revisiting a difficult time can be challenging and time consuming, which is where experienced solicitors can help you get the compensation you deserve.
You could claim medical misdiagnosis compensation if a negligent misdiagnosis has significantly impacted your life. With experienced specialist clinical negligence solicitors, making a claim can be straightforward. A medical negligence solicitor will gather the evidence on your behalf and build your misdiagnosis claim.
Wake Smith offer a no-win, no-fee policy to help you pursue your case the details of which will be fully explained to you.
You need a medical negligence solicitor for your negligent misdiagnosis
Get the right support today. Contact us
Frequently Asked Questions
How much can I claim for a medical misdiagnosis claim?
The compensation you can receive will depend on several factors, including the severity of your medical condition, long-term mental health impacts, and financial losses. There is no set compensation amount for medical misdiagnosis claims. Read our guide on GP negligence compensation for more information.
Are there any time limits for making a medical misdiagnosis claim?
The time limit for making medical misdiagnosis claims is three years from the date of the 'incident' or three years from the date you received or became aware of the correct diagnosis. If you are dealing with a medical misdiagnosis, consider this deadline.
Will the medical negligence claim go to court?
A clinical negligence claim will not lead to court proceedings unless it is severe. Less than 1% of personal injury claims go to court, and most GP negligence cases are settled out of court.
What to read next
Why can meningitis misdiagnosis occur, and can you make a negligence claim?
Is sepsis misdiagnosis a medical negligence case?