Delayed diagnosis is when a healthcare provider fails to diagnose a condition in a timely manner which results in unnecessary harm for the patient. Where the standard of care falls short and avoidable harm occurs, a claim may arise. This article explains how to distinguish between an unfortunate delay and one that is legally actionable.

What is a Delayed Diagnosis?

Healthcare professionals owe you a duty of care, which includes diagnosing conditions within a reasonable timeframe. A delayed diagnosis occurs where a condition is not identified promptly or is misdiagnosed and this leads to additional harm.
Common situations include delays in ambulance attendance, repeated GP visits with worsening symptoms, failures to refer for further investigation, incorrect triage decisions, and misinterpretation of test results. However, some delays such as those caused by wait lists for referrals, may be unavoidable and not negligent.

When Does a Delay Become Negligent?

To succeed in a medical negligence claim, you must prove 3 elements:

1. Duty of Care
All healthcare professionals owe a duty of care to you. This duty requires health care workers to exercise reasonable skill and care in diagnosing, advising and treating you.

2. Breach of Duty
The care provided must fall below the standard expected of a reasonably competent medical professional. This is assessed using the Bolam test—whether a reasonable body of medical opinion would have acted differently. For example, failing to refer you for further investigation when it would have been appropriate may amount to a breach.

3. Causation
It must also be shown that the delay caused avoidable harm. This is assessed using the “but for” test. Would the harm have been avoided but for the delay? This can be complex, particularly if you have an already underlying condition. In serious cases, such as cancer, a delay may also reduce prospects of recovery known as a “loss of chance.”

Even if there is a breach of duty, a claim will not succeed without clear evidence that the delay worsened the outcome.
Common Areas Where Delays Occur

Delays in diagnosis can arise at several stages of care, including:

• Emergency care: delays in ambulance attendance or incorrect triage in A&E
• Primary care: failure to refer, or overlooking or dismissing symptoms
• Diagnostic process: delays in investigations leading to worsened outcomes
• Serious conditions: misdiagnosis or delay affecting prognosis or survival

Where such delays result in avoidable harm, legal advice is appropriate.

Why Does This Disproportionately Affect Women?

Diagnostic delays are particularly common in women’s healthcare. Conditions such as endometriosis and polycystic ovary syndrome are often misunderstood or dismissed, sometimes due to gender bias and historical gaps in research. For example, endometriosis can take on average 8.5 years to diagnose.

Where symptoms are repeatedly overlooked and this leads to prolonged pain or more invasive treatment, there may be grounds for a claim. However, such cases can be complex, as courts assess care against accepted medical practice, even where knowledge gaps exist.

Proving a Claim

To establish negligence, it must be shown that:

• You were owed a duty of care
• The healthcare provider breached their duty of care to you
• The delay directly caused avoidable harm, such as worsening symptoms or reduced treatment options

Evidence is key. A clear timeline of events, notes of symptoms, and details of how the condition has affected your daily life can all support a claim.

What Compensation May Be Available?

If negligence is established, compensation is intended to place you back in the position they would have been in if not for the delay. This may include:

• General damages: for pain, suffering, and loss of quality of life
• Special damages: for financial losses such as lost earnings, medical costs, and care needs
• Loss of chance: in cases where recovery or survival prospects have been reduced

What Should You Do If This Applies To you?

Medical negligence claims are subject to a three year limitation period from the date you became aware of the harm unless one of the limited exceptions to this period applies. If you believe you have experienced a delayed diagnosis that caused avoidable harm, it is important to seek legal advice promptly.

At Mewies Solicitors, our Dispute Resolution Team can assess the merits of your case and provide clear guidance on your options, helping you take the next steps with confidence. Please contact us on 01756 799000 or info@mewiessolicitors.co.uk