Misdiagnosis of health conditions can have severe consequences for patients, leading to improper treatment, delayed care, and sadly often fatal outcomes.
Only last week, it was reported that the University Hospitals of Derby & Burton NHS Foundation Trust (UHDB) has paid out £16 million to patients who have made negligence claims against the trust because of a misdiagnosis.
A staggering total of 117 misdiagnosis claims against UHDB were settled in a 5-year period between 2019 and 2024. 2019 to 2020 had the highest number of claims over this 5-year period, and the highest amount paid out in compensation.
The published data shows that 40 different types of injuries have led to misdiagnosis claims against UHDB, including strokes and amputations – these are severe and significantly life-changing injuries which may have been avoidable with the correct diagnosis and treatment.
UHDB has addressed the data published, stating that it takes these “rare” occasions of misdiagnosis “very seriously.”
A spokesperson for the trust said:
“We strive to always provide high-quality care to the communities we serve. We know that our experienced and highly trained clinical teams deliver the right diagnosis to the overwhelming majority of the hundreds of thousands of patients a year…
We recognise that on the rare occasions where that has not happened, it can have a real impact on patients’ lives, which we take very seriously, listening to and learning from what has happened so we can make improvements and ensure that patients and their families are supported and where appropriate, compensated.”
What constitutes misdiagnosis?
Misdiagnosis occurs when a healthcare provider fails to correctly identify a patient’s medical condition. A misdiagnosis can take various forms:
- Missed diagnosis: The condition is not identified at all.
- Incorrect diagnosis: The patient is diagnosed with the wrong condition.
- Delayed diagnosis: The correct diagnosis is made, but not in a timely manner.
If following the right diagnosis, it becomes apparent that the condition should have been diagnosed at an earlier time and the failure to do so has led to avoidable injury or a worsening in that person’s condition, this may gave rise to a clinical negligence claim.
What must be proven for a misdiagnosis claim to succeed?
To successfully pursue a misdiagnosis claim, it must be proven that:
1. The healthcare provider had a duty of care to the injured person;
2. The healthcare provider breached its duty of care by misdiagnosing the injured person’s condition. The care provided must have fallen below the expected standard of a clinician in the same field; and
3. The misdiagnosis directly caused or materially contributed to avoidable injury or a worsening in that person’s outcome.
Compensation for misdiagnosis
The amount of compensation a Claimant can expect to receive from a successful misdiagnosis claim depends on various factors, including the extent of their injuries and any ongoing difficulties. The most common types of compensation claimed are:
- Compensation for pain, suffering and loss of amenity (known as general damages)
- Costs for care and assistance (past and future)
- Medical expenses and equipment
- Loss of earnings and/or pension (past and future)
- Costs of adapting their home or moving to a suitable property to meet their needs
Whilst the primary remedy for a clinical negligence claim is financial compensation, pursuing a claim can also provide much needed answers about why their condition was initially misdiagnosed and the extent to which the outcome would have differed if diagnosed correctly.
Comment
It is reassuring to see that UHDB has acknowledged the impact that negligent misdiagnosis can have on injured people and their loved ones. They have shown commitment to making improvements and compensating those who have been provided with negligent treatment. However, it seems that much work is to be done across the organisation to learn from mistakes and make impactful change internally.
Ensuring that healthcare providers are held accountable for diagnostic mistakes is crucial in promoting patient safety and trust in the NHS.
Misdiagnosis clinical negligence claims are complex and require a thorough investigation. As specialist clinical negligence solicitors, we are very familiar with and able to clearly advise our client’s on the complexities involved in these cases.
How can we help?
Shrdha Kapoor is an Associate in our Medical Negligence team, which is ranked in Tier One by the independently researched publication, The Legal 500, and Commended in The Times Best Law Firms 2024.
If you require advice about the above subject, please contact Shrdha or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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