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Chambers UK
Clinical Negligence

Claims against clinicians for failing to recognise or for wrongly diagnosing the symptoms of a particular disease, illness or injury do arise.

At Penningtons Manches Cooper we recognise that any missed, delayed or incorrect diagnosis affects the treatment that follows, if any, and the long-term outcome for the patient. In some cases, misdiagnosis leads to incorrect treatment that compounds the original problem.

In all misdiagnosis claim cases, it is crucial to establish what information was available to the clinician when the patient first presented and what conclusions should properly have been drawn. This determines the treatment that should have followed and the outcome the patient was entitled to expect, as distinct from what occurred.

Usually, the correct condition is eventually identified, but the delay in treatment can significantly affect the outcome, including the long term prognosis.

Examples of grounds for claims include:

  • failure to diagnose an aneurysm
  • failure to investigate possible cancer
  • failure to identify ectopic pregnancy
  • failure to recognise eye disease
  • failure to diagnose a haemorrhage
  • failure to identify a head injury
  • failure to diagnose a heart attack
  • failure to diagnose an infection
  • failure to identify nerve damage
  • failure to identify an orthopaedic fracture

Penningtons Manches Cooper's experienced team can advise in relation to a wide range of claims.

Recent work highlights

Missed congenital abnormality

Acting for a young girl whose health visitor failed to identify a congenital hip dislocation during her checks on the baby. The delay resulted in multiple operations to correct the deformity which have limited her mobility.

Failure to diagnose Cushing's disease

Successfully settling damages for a child whose paediatrician failed to identify or test for Cushing's disease. As a result, our client suffered symptoms of weight gain, hair growth and high blood pressure and developed depression.

£750,000 settlement for diagnosis delay

Achieving a settlement of £750,000 for a young man with suspected Cauda Equina Syndrome who suffered significant delays in diagnosis and treatment which left him with symptoms affecting his urinary, bowel and sexual function for life.

Late diagnosis of deaf child

Securing damages of £4 million on behalf of a girl whose severe deafness was not diagnosed for some years following referral to both hospital and community audiologists. The delay in fitting cochlear implants had a substantial effect on her language development and cognition, with a consequent impact on her education and earnings potential.

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP