A misdiagnosis can cause significant suffering. Under UK negligence law, patients in Blackburn have the right to claim compensation when such suffering results from substandard NHS care. Yet, for many people who suffer because of a medical mistake, understanding how to take legal action can be overwhelming. They often find themselves asking, ‘How to sue the NHS for misdiagnosis in Blackburn? Read on to clear up this confusion.
The suing process is not very complicated. In Blackburn, many people have successfully received compensation for NHS misdiagnosis in recent years. For instance, a claim against Royal Blackburn Hospital resulted in a £30 million settlement for a child who sustained life-altering injuries after delays during birth, one of the largest payouts in the region. Likewise, East Lancashire Hospitals NHS Trust, which serves Blackburn, paid over £29 million across 33 child negligence claims in just five years, highlighting ongoing challenges in maintaining safe diagnostic and treatment standards.
If you believe that you or a loved one may be entitled to make a medical misdiagnosis claim in Blackburn and are unsure how to begin the process, feel free to contact Cooper Hall Solicitors for a free consultation.
What Is a Medical Misdiagnosis?
A medical misdiagnosis is a situation where a physician, whether it is a GP, hospital physician, or specialist, diagnoses you incorrectly, takes excessive time to discover what you have, or fails to identify it at all. In simple terms, it means a mistake in identifying your illness or injury. This error can lead to avoidable harm, worsening health, or unnecessary treatment.
In the NHS (National Health Service), patients trust that doctors will uphold their duty of care and follow recognised patient care standards. When that duty is breached and the mistake causes harm, you may have grounds to sue the NHS for negligence. These cases form part of what’s known as a clinical negligence claim, handled by medical misdiagnosis solicitors who specialise in identifying where substandard medical care occurred.
According to local data, the East Lancashire Hospitals NHS Trust, which manages Royal Blackburn Hospital, reported a consistent rise in clinical negligence cases in recent years , highlighting the seriousness of diagnostic failures in Blackburn.
Read more: What Are the Common Examples of Medical Negligence Payouts in the UK?
Most Common Medical Conditions Misdiagnosed by the NHS in Blackburn
Across Blackburn and surrounding areas, the following conditions are most frequently part of medical misdiagnosis claims:
| Condition | Common NHS Error | Possible Consequences |
| Cancer | Late or incorrect diagnosis | Reduced treatment success |
| Heart Attack | Mistaken for indigestion or anxiety | Serious danger |
| Stroke | Late emergency care | Long‑term brain injury |
| Sepsis or meningitis infections. | Failure to detect early | Organ failure, death |
| Fractures | Missed on X-rays | Long-term mobility issues |
While local condition-level breakdowns are not publicly disclosed, national analyses suggest that cancers, vascular events (like heart attacks and strokes), and serious infections (such as sepsis and meningitis) account for a large share of serious harms from diagnostic error. In trust-level data, the East Lancashire Hospitals NHS Trust has faced multiple misdiagnosis claims over the years.
Most of these mistakes have resulted in huge settlements. For instance, between 2018 and 2023, East Lancashire Hospitals NHS Trust paid more than £29.1 million in medical negligence compensation for 33 child-related claims.
How To Sue The NHS For A Misdiagnosis in Blackburn
If you believe you have suffered due to misdiagnosis, follow these key steps:
- Gather medical records as evidence: Your solicitor consultation will involve reviewing hospital notes, referrals, and test results.
- Obtain an expert opinion: Medical negligence experts assess if your treatment breached the NHS duty of care.
- Submit a Letter of Claim NHS: This formal notice outlines your allegations and evidence.
- Await a Letter of Response: The NHS has a chance to reply under the Pre-Action Protocol for clinical dispute resolution.
- Negotiate settlement or proceed to court: Most cases are resolved without trial through alternative dispute resolution (ADR).
To sue the NHS for negligence, you should demonstrate that you received an abnormal health care which resulted in harm that is avoidable or worsened your condition.
To learn more, visit our latest blog post: Suing the NHS for Negligence: Everything You Need to Know
How to Prove an NHS Misdiagnosis Claim in Blackburn
Proving medical negligence requires three main elements:
- Duty of Care: You were owed proper medical care by an NHS practitioner.
- Breach of Duty: The Bolam test medical negligence standard determines whether your healthcare professional acted below what a competent doctor would do.
- Causation: The breach of duty directly caused harm, pain, or financial loss.
Supporting negligence claim evidence may include:
- Medical records as evidence
- Expert opinion from specialists
- Witness statements
- Diagnostic error documentation
- Hospital investigation reports
Your solicitor will carefully collect this evidence in order to make a powerful compensation claim according to the Limitation Act 1980. The Act imposes a time limit on claims, typically three years after the negligence occurred or when you became aware of it.
How Much Compensation Could You Receive for an NHS Misdiagnosis?
The NHS compensation amount for medical negligence varies depending on your injury and losses:
| Type of Damage | Description | Example |
| General damages | Suffering, pain and low quality of life. | Mental trauma or permanent disease. |
| Special damages | Money lost due to negligence. | Missed wages, personal care, or family expenses. |
| Future expenses | Long-term impact costs | Mobility support, rehabilitation, or health care. |
In one local doctor misdiagnosis case, a birth injury at Royal Blackburn Hospital led to a £30 million settlement, as the staff failed to act upon indications of fetal distress.
If you want to learn more about this topic, read our latest article for full details: How Much Compensation Can You Expect for NHS Negligence in Blackburn
How NHS Misdiagnosis Solicitors in Blackburn Can Help You
Medical misdiagnosis solicitors in Blackburn provide essential support during your compensation claim journey. Their role includes:
- Reviewing medical records for diagnostic error signs.
- Liaising with medical negligence experts to confirm a breach of duty.
- Handling communication with NHS Trusts and insurers.
- We can negotiate your compensation through ADR, or proceed to court if necessary.
At Cooper Hall Solicitors, our attorneys deal with many Blackburn medical negligence claims and they approach every patient complaint with proficiency, attention, and commitment.
Read more: Success Stories and Examples of Medical Negligence Payouts UK
Why Choose Cooper Hall Solicitors for Misdiagnosis Claims in Blackburn
Choosing Cooper Hall Solicitors means partnering with a team that values your wellbeing. We will explain “How to sue the NHS for misdiagnosis in Blackburn.” We apply our expertise and good nature to ensure that you receive justice and just compensation.
Here’s why Blackburn clients trust us:
- Decades of experience in hospital negligence and clinical negligence claims.
- Close collaboration with top medical negligence experts in the UK.
- Personalised solicitor consultation and transparent case updates.
When you’re ready to sue the NHS for negligence, Cooper Hall will guide and protect your rights throughout the NHS claim procedure.
Read more: Top 5 Questions to Ask a Medical Negligence Solicitors in Bradford
Support and Legal Resources for NHS Misdiagnosis Claims in Blackburn
For further help, we assist clients across Blackburn in:
- Understanding their patient rights under the NHS (National Health Service).
- Assist them in navigating the complaint process and the Pre-Action Protocol on medical negligence claims to the NHS.
- Gather medical history as evidence and seek professional counsel to build up every case.
- Managing all communication with the NHS and ensuring fair clinical dispute resolution.
If you believe you’ve suffered avoidable harm due to substandard medical care, contact Cooper Hall Solicitors today. Our experienced team will explain how to claim against the NHS, review your situation, and assist you on every stage of your NHS misdiagnosis claim.
