Two consistent failings across England are diagnostic error and issues with requests for imaging, including failure to complete further imaging.

Since 2019, NHS Trusts across the country have had to pay out almost £1 billion to patients who have lodged claims following a misdiagnosis.

Compensation is covered by insurance policies, meaning frontline care is unaffected by negligence claims. 

Between 2019 and 2024, 8,067 claims regarding misdiagnoses were lodged against NHS Trusts, with 5,677 of these claims being settled, according to new figures from Medical Negligence Assist. 

The highest number of claims came in 2019/20 when 1,824 claims were made against the trusts. The trusts have seen a rise in the number of claims over the past year, hitting 1,539 last year.

“Misdiagnosis is an all-embracing clinical negligence case type and covers a wide range of clinical situations from the simple diagnosis of a fracture to potentially fatal cancer diagnoses,” said Gareth Lloyd, medical negligence solicitor for JF Law. 

Two consistent failings

According to NHS Resolution, diagnostic errors contribute approximately 20% of all clinical negligence claims. 

The reasons for misdiagnosis naturally vary from case to case, but NHS Resolution highlights two consistent failings across England: diagnostic error (particularly early incorrect diagnoses of soft-tissue injuries) and issues with requests for imaging, including failure to complete further imaging.

A couple of years ago, the British Medical Journal (BMJ) conducted a study that found approximately 1 in 18 patients in primary and secondary care are affected by misdiagnosis. It also found that misdiagnosed cancers, strokes, and heart attacks were among the most serious cases, often leading to life-altering consequences or death.

Over the past five years, the trusts have paid out a total of £970.7 million with the highest amount being paid in 2022/23, at £240.9 million.

Based on figures gathered from NHS Resolution, Mid and South Essex NHS Foundation Trust had the highest compensation costs at over £32 million, while University Hospitals Sussex and Northern Care Alliance NHS Trusts also had costs of over £28 million.

The most common outcome for misdiagnosis claims was unnecessary pain, which was lodged 1,005 times, with the trusts paying £45.8 million in compensation, followed by fatalities, which saw 470 claims submitted.