1. Skip to Content
  2. Skip to Navigation
COVID 19 -
Toggle Menu

Medical misdiagnosis, errors or delays

Spinal Injury

With specialists in medical misdiagnosis, Hay & Kilner is an expert in fighting for victims of diagnosis errors or delays which can lead to further unnecessary complications.

Timely diagnosis of a medical condition followed by appropriate treatment is vital. Unfortunately, medical misdiagnosis or late diagnosis by healthcare professionals does occur and it represents the basis of a considerable number of clinical negligence claims. Failures to diagnose often arise where the severity of the condition has not been appreciated and the patient is subsequently deprived of appropriate treatment. Common examples are failures to diagnose conditions such as cancer, deep vein thrombosis (DVT) and fractures.

Here are some examples of our settled and current claims for diagnosis error or delays:

Delay in establishing the development of severe pelvic sepsis

We obtained compensation of £48,000 for a client as we argued that there was a lengthy delay in establishing the development of severe pelvic sepsis. The delay in treatment led to major septic complications and necessitated multiple subsequent operations.

Delay in diagnosing colon cancer

We recently settled a claim for £40,000 on behalf of the estate of our client’s late wife. It was argued that a radiologist mis-reported a barium enema which clearly demonstrated cancer of the colon. In fact, it was not until eight months later that colon cancer was diagnosed. It was our client’s case that had the colon cancer been diagnosed at the appropriate time, chemotherapy would have been immediately commenced. Although this would not have prevented the spread of cancer, our client’s late wife could have avoided eight months of additional and unnecessary pain and suffering. She also underwent unnecessary major bowel surgery, resulting in the requirement of a colostomy bag.

Failure to identify a hip fracture

We are investigating a medical misdiagnosis claim in relation to treatment provided to our client, who suffered hip and thigh pain following a charity run. An x-ray undertaken at her GP surgery, which revealed a fracture, was misreported as showing no bone injury. The pain in her hip and thigh continued and, following further investigations, the fracture was identified but, due to the delay in diagnosis, had become displaced. Our client required remedial surgery, which could have been avoided. She continues to suffer from ongoing pain and discomfort.

Failure to diagnose a severe knee injury

Hay & Kilner is investigating a misdiagnosis claim in which it is alleged that the defendant hospital trust failed to make a diagnosis of a severe injury to the patella (knee cap), following a fall at home. An x-ray was undertaken and our client was incorrectly advised that he had suffered a soft tissue injury and that the pain and swelling would heal with time. However, the symptoms persisted and following a referral to a specialist, a scan revealed that our client had, in fact, suffered disruption of the patella tendon and required immediate reconstructive surgery. Our client was advised that a scan should have been undertaken at the time of the first hospital attendance which would have revealed the injury and enabled prompt treatment.

Failure to diagnose a fracture of the jaw

Hay & Kilner is investigating a claim in which a police officer received a medical misdiagnosis after being assaulted on duty. He suffered injuries to his jaw and a finger. It is alleged that there was a failure by Accident and Emergency staff to diagnose a fracture of the jaw. As a result of the delay in diagnosis, corrective surgery is unlikely to be successful and therefore his ongoing symptoms will be permanent.



  • "Very methodical and skilled in their work & Very thorough in the way that they research and prepare cases."

    - Chambers & Partners

  • "One of the most experienced and professional Clinical Negligence firms in the North East."

    - The Legal 500

  • "Hay & Kilner has a great team of very capable Clinical Negligence lawyers who have a friendly and compassionate relationship with their clients."

    - The Legal 500

  • "Clients think the world of them."

    - The Legal 500

  • "The Clinical Negligence Team at Hay & Kilner was recommended to me because of their excellent reputation handling claims. In light of my own experience with the team, I can confirm how well deserved that reputation is."

    - Client of our Clinical Negligence Team

  • "Lauren Hall & Helen Morland handled every aspect of my claim with care, thoughtfulness and great efficiency. They were able to allay any concerns I had by clearly explaining the processes involved. Helen secured a settlement for me which surpassed my hopes and I cannot thank her and Lauren enough."

    - Client of our Clinical Negligence Team

  • "Hay & Kilner has an excellent grasp of clinical negligence law and an excellent manner with clients."

    - The Legal 500

  • "It's unquestionably one of the major players in the region."

    - Chambers & Partners