How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Diagnosis
Delayed Diagnosis Claims
An avoidable delay in diagnosis can allow a condition to progress, limit treatment options or prolong pain and uncertainty. The timing and medical consequences of the delay are central to the investigation.
SRA regulated solicitorsConfidential initial enquiryEvidence-led assessment
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Could this apply to you?
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Failure to refer
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Failure to order appropriate tests
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Results not reviewed or communicated
Last updated 6 August 2026
Understanding the claim
What can amount to delayed diagnosis?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
Failure to refer
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to order appropriate tests
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Results not reviewed or communicated
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Repeated missed warning signs
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Administrative delay affecting treatment
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to follow up abnormal findings
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Evidence
How a delayed diagnosis claim may be investigated
Relevant evidence depends on the circumstances. Common sources include:
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Timeline of symptoms and appointments
The evidence is considered alongside the chronology and appropriate independent expert opinion.
02
Referral and test records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
03
Treatment records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
04
Expert evidence on the impact of the delay
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
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Tell us what happened.
Questions answered
Delayed Diagnosis FAQs
How much delay is needed for a claim?
There is no fixed period. The important issue is whether the delay was unreasonable and whether it caused a material difference to the outcome.
What if treatment was still successful?
A claim can still require assessment if the delay caused additional pain, more invasive treatment, financial loss or another avoidable consequence.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Free initial enquiry
Talk to us about a potential delayed diagnosis claim.
Tell us what happened and our team can explain the next steps.