Misdiagnosis

Tait v Torbay and South Devon NHS Foundation Trust [2024] EWHC 2958 (KB); [2025] Med LR 52

There are many possible reasons for misdiagnosis, among them poor communication between secondary care and primary care and misinterpretation of results, and the term includes not only incorrect diagnoses but also delayed diagnoses resulting in the wrong treatment over many years. In 2017-2021, NHS Resolution reported that misdiagnosis in England including claims relating to failure to diagnose and the wrong diagnosis amounted to £1,143,164,279. The case outlined here is an example of one such claim, which involved the rather technical issue as to whether the NHS Trust's defence was consistent with the judgment order which had been agreed. The court considered admissions previously made by the Trust and whether they were binding in light of the new diagnosis and amended claims.