Last Updated 28th July 2025. Are you wondering, ‘Can I sue the NHS for misdiagnosis?’ If so, the quick answer to this question is yes. However, in order to pursue a claim for medical negligence, you must demonstrate that you suffered unnecessarily due to substandard care provided by a healthcare professional or hospital (or another facility). For example, a doctor may have failed to diagnose your breast cancer because they ignored your clear symptoms or misdiagnosed the condition after misinterpreting your test results. That can not only cause avoidable harm, but allow the disease to worsen.
When you seek medical attention, you’re entitled to a minimum standard of care from the healthcare provider treating you. In this guide, we will examine the impact of a misdiagnosis and the circumstances that could create the basis for a valid claim.
Our advisors offer free legal advice, so if you have any questions or queries, such as wanting to know if you’re eligible to claim for an internal organ injury misdiagnosis, please get in touch. They’re available 24/7 and can put you through to a solicitor in just a few minutes. Contact us today using the details below.
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- Call us using 0800 073 8804
- Use our online contact us form on our website
- Use the live chat window that you can see on your screen
Furthermore, please read on to learn more about claiming for medical misdiagnosis.
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How To Sue The NHS For A Misdiagnosis?
You may be wondering whether you could sue the NHS for misdiagnosis. To be eligible to make a medical negligence claim, you will need evidence that proves your case meets the required criteria. This means that you need to prove that you were owed a duty of care by a medical professional and that when this was breached, you suffered avoidable harm.
All medical professionals, whether they work as part of the public or private healthcare sector, owe their patients a duty of care. Per their duty of care, they must ensure that you receive the correct standard of care when they are treating you as their patient. If they breach this duty, you could suffer unnecessary harm and may be able to make a medical negligence claim.
However, there may be certain instances where you receive a misdiagnosis, but a medical professional did not breach their duty of care. In this instance, you might not be eligible to make a medical negligence claim.
If you have any questions about claiming for an NHS misdiagnosis for compensation, get in touch with one of our advisors.
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How Long Do I Have To Claim NHS Misdiagnosis Compensation
An important part of suing the NHS for misdiagnosis is making sure that you start your claim within the correct time limit.
Usually, you’ll have three years to start your misdiagnosis compensation claim. This will begin either on the date that the negligence occurred or the date that you became aware of it. This is called the date of knowledge.
The time limit for these kinds of claims is laid out in the Limitation Act 1980, along with the exceptions to this rule.
For example, those under 18 can’t make their own medical negligence claim, so the time limit doesn’t begin until their eighteenth birthday. A litigation friend can claim on their behalf at any point up until they turn eighteen.
Likewise, those who lack the mental capacity to make their own claim aren’t affected by the time limit. Since they cannot claim for themselves, a litigation friend can make a claim for them at any point, unless they regain the needed capacity. In these cases, the time limit begins on the date that they recover.
To find out if you can sue the NHS for misdiagnosis, get in touch with our helpful team today.
What Is Medical Misdiagnosis?
A medical misdiagnosis is where you receive a diagnosis that does not accurately reflect the condition you’re actually suffering from. For example, you may be wondering how to sue the NHS for misdiagnosis if your condition has been mistakenly diagnosed as something else, meaning that the treatment you need for your actual condition has been delayed.
All doctors owe their patients a duty of care. This duty of care involves performing their roles to the degree expected of them within the medical profession. You may be able to receive compensation if you can prove that the level of care they provided fell below these standards.
However, it’s important to note that just because you are misdiagnosed by an NHS healthcare provider doesn’t necessarily mean you’ll be able to make a successful claim. This is because complications can arise even when the appropriate level of care is being administered.
As part of a misdiagnosis claim, peers of the medical professional usually review the steps taken in your treatment to determine if they were of an acceptable standard or not. This is referred to as the Bolam Test. If the panel of peers find that the doctor acted outside their duty of care, this could indicate negligence.
What Are The Most Commonly Misdiagnosed Medical Conditions?
Injuries and conditions that could be misdiagnosed include:
- Tendon injuries
- Cancer
- Hip injuries
- Scaphoid injuries
If you would like to know more about claiming compensation, speak to a member of our team today. You can also read on for more information on the kinds of diagnostic errors that could occur.
Causes Of Misdiagnosis In Healthcare
Many factors can cause medical misdiagnosis. For example:
- Misinterpreting a scan or test. For instance, a broken or fractured bone misdiagnosis can be caused by a fracture being missed on an X-ray. If it’s a hairline fracture, these can be difficult to spot.
- Insufficient supervision. Medical professionals may make a mistake because their superiors aren’t available to guide them when diagnosing you. This could particularly be the case with junior doctors and nurses.
- GP negligence. A GP may not pay full attention to you when you’re explaining your condition, which could lead to a misdiagnosis.
- A lack of expertise. Simply put, the doctor or medical professional may not have the training or experience required to diagnose you correctly.
- Incorrect tests. The wrong tests may be ordered, leading to the wrong diagnosis.
- Inaction on behalf of medical professionals. They may not have taken a sufficient medical history to be able to diagnose you correctly.
As we have already mentioned, just because your condition was misdiagnosed does not mean that you have experienced medical negligence. Some of these causes of misdiagnosis are in direct contrast with the duties of a doctor as outlined by the General Medical Council (GMC), like not listening to the patient’s concerns.
However, some of these might occur even if the right level of care is administered. For instance, your doctor might order the wrong test because you were not exhibiting symptoms typical of your condition.
If you would like to know more about whether you could claim for the harm caused by negligent misdiagnosis, speak to us today.
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How Do I Prove An NHS Misdiagnosis Compensation Claim?
If you are asking, ‘How to sue the NHS for misdiagnosis?’, obtaining evidence is a simple answer to give.
Evidence is a bundle of facts and information that demonstrates how the medical professional breached their duty of care, resulting in your misdiagnosis and avoidable harm. It is one of the most important aspects of the claims process. Without it, establishing third-party liability may be difficult.
Some examples of evidence that may support an NHS negligence claim include:
- Copies of your medical records that state your accurate and incorrect diagnoses
- Copies of medical scans, such as CT scans or X-rays
- Copies of your prescriptions to show what medication you were given
- Diary entries of any symptoms you experienced
- A copy of your complaint to the hospital
- A copy of the hospital’s investigation of the negligence, if made
- Copies of correspondence with the hospital, such as letters or emails
- The contact details of any witnesses
Understandably, if you are still suffering from your harm, you may have difficulty collecting evidence. However, our excellent solicitors may help you obtain it.
If you would like more examples of evidence that may support misdiagnosis NHS claims, please contact our helpful advisors today.
How Much Compensation Could I Get For An NHS Misdiagnosis?
The amount of misdiagnosis compensation you could potentially receive can depend on a range of things. For example, these might include:
- How much evidence you have
- How severely you were harmed
- Whether or not you suffered financial losses
Because of this, we can’t tell you exactly how much you could receive if your claim against the NHS for a misdiagnosis succeeds. However, we can talk a bit more about how your compensation is calculated.
Generally, the compensation you receive is split into two heads. The first, general damages, is awarded in every successful claim. Under this heading, you can get compensation for the physical and mental harm caused by the misdiagnosis.
When professionals calculate this heading, they can use the Judicial College Guidelines (JCG) to help. This document provides guideline compensation brackets for different forms of harm. You can see some of these brackets below. Keep in mind that these are only guidelines and not guaranteed. The first entry in this table has not been taken from the JCG.
| Type of Harm | Guideline Compensation |
|---|---|
| Multiple Instances of Harm and Special Damages (e.g. Therapy Costs) | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Bowels (b) | Up to £183,190 |
| Complete Loss of Bladder Function | Up to £171,680 |
| Lung Disease (a) | £122,850 to £165,860 |
| Lung Disease (b) | £85,460 to £118,790 |
| Below-Knee Amputation of 1 Leg | £119,570 to £162,290 |
| Female Reproductive System (c) | £68,440 to £87,070 |
| Total Loss of 1 Eye | £66,920 to £80,210 |
| Total Loss of Hearing in 1 Ear | £38,210 to £55,570 |
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The second head of claim that you could be entitled to is special damages. Under this heading, you can recoup the financial losses caused by the harm you suffered. For example, special damages can help cover the cost of:
- Childcare
- Travel
- Prescriptions
- Private medical treatment
- Mobility aids
- Home adjustments
- Professional care
These are only a few examples of the kinds of costs that could be covered by special damages. To learn more, get in touch with our team today.
What Is The Claims Process For Misdiagnosis Cases?
When suing the NHS for misdiagnosis, your claim will follow the Pre-Action Protocol for the Resolution of Clinical Disputes. This sets out the steps that the claim will need to follow before it can be heard in court.
We have set out the steps here:
- Obtaining health records: in order to make a clinical negligence claim, you need to get copies of your medical records as evidence. All you need to do is contact your provider.
- Rehabilitation: all parties should consider whether the claimant requires rehabilitation or other treatment.
- Letter of notification: this letter is sent to the defendant indicating that a claim may be started. The defendant should acknowledge receipt of this within 14 days and begin their own investigations into the matter.
- Letter of Claim: the formal commencement of the claim itself, clearly setting out the facts the claim is being made upon, the allegation and what harm was caused.
- Letter of Response: The defendant should acknowledge the letter of claim and, within 4 months, send a Letter of Response clearly stating whether they admit the claim or dispute it, whether in whole or in part.
- Experts: all parties may instruct experts to provide their opinion on the dispute and help inform a decision.
- Alternative Dispute Resolution: also known as ADR, this is where the representatives of the claimant and defendant meet and try to resolve the dispute without going to trial.
If no resolution is reached, then the matter will go to trial. To ask any questions you have about how to sue the NHS for misdiagnosis, contact our team today using the details provided below.
How To Sue The NHS For Misdiagnosis With A No Win No Fee Solicitor
If you’re interested in making a misdiagnosis claim against the NHS, our solicitors may be able to help, provided that you have an eligible case. While there is no legal obligation to claim misdiagnosis compensation with a legal professional, we always recommend seeking expert legal advice.
With a solicitor, the misdiagnosis claims process can seem much easier and less stressful. Plus, our solicitors work on a No Win No Fee basis, offering their services through a kind of contract called a Conditional Fee Agreement (CFA).
Under this agreement, they offer their services without charging you an upfront or an ongoing solicitor’s fee. In fact, you don’t need to pay this fee at all if the claim is unsuccessful. In the case that it wins, your solicitor will deduct a success fee from your compensation. This is a capped percentage and acts as payment for the solicitor’s work.
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Contact Us
If you’d like to find out how one of our expert medical negligence solicitors could help you, contact our team of expert advisors. They can answer any questions you might have about making a claim, like “Can I sue the NHS for misdiagnosis?” and “How much NHS misdiagnosis compensation could I receive?” through a free consultation.
To get started:
- Call us on 0800 073 8804
- Claim online by using our contact us form
- Use the live chat on your screen now
Resources When Claiming Against The NHS
To know more about medical negligence claims, please use the links below.
- Never events are medical incidents that should never occur if all the proper procedures are followed. To learn more about them, visit this webpage.
- If you would like to claim for harm caused by GP negligence, this guide could help.
- To learn more about the time limits when claiming against the NHS, visit this page.
For more advice on how to sue the NHS for misdiagnosis, compensation payouts, and making a claim, please get in touch.
