Receiving a delayed diagnosis of a medical condition, injury or illness can not only be extremely distressing, but can also have a major impact on your long-term health and lifestyle. In some cases, the delay in finding the right diagnosis can lead to an unnecessary fatality.

Medical negligence through human error can happen at any point in the diagnostic process, from delays in busy A&E departments to symptoms overlooked and left untreated by GPs. Delayed diagnosis over initial symptoms is particularly common in cancer patients.

If a delayed diagnosis leads to deterioration of a patient’s health, impacts on their lifestyle, or results in their death, it may be possible to claim compensation. It may also be possible for a patient and their family to make a claim against any stress, trauma, and lost earnings related to the delay.

How do you define a delayed diagnosis?

A delayed diagnosis can be defined as a condition, illness, or injury not being spotted by medical professionals until it is much more advanced. In some cases, this can mean that it is too late to treat it effectively. Examples include (but aren’t limited to):

• Not noticing a patient’s symptoms

• Failing to take a patient seriously

• Failing to respond to test results

• Sending a patient home instead of admitting them to hospital

• Placing the patient on a waiting list instead of prioritising them

• Not referring a patient to a specialist

How to claim for medical negligence by delayed diagnosis

If you believe that you have experienced medical negligence through delayed diagnosis, you must make a claim within 3 years of the date of the diagnosis or the date you discovered that there had been a delay. Parents and guardians may make a claim on behalf of children any time before they reach 18. Once a child reaches 18, they may claim on their own behalf until they reach 21.

If you believe that your life and health have been impacted by a delayed diagnosis and would like to investigate making a claim, our experienced litigation team are on hand to advise and represent you. Contact us to make an appointment.

Need help?

We offer legal advice for Delayed Diagnosis Claims. If you would like to contact us or book a consultation with a member of our team please fill in the ‘Make an Enquiry’ form or call us on 01795 508872 or email enquiries@jarmans-solicitors.co.uk for a no obligation discussion and let us resolve your legal issue.