Misdiagnosis
Forensic psychiatric evaluation of misdiagnosis claims — providing an independent opinion on breach of duty and causation in clinical negligence cases. Our experts provide a detailed analysis of the standard of care in psychiatric practice. Urgent reports are available to meet strict litigation deadlines.
Expert Type
- Forensic Psychiatrist
- Clinical Psychologist
- Neuropsychologist
- Child and Adolescent Psychiatrist
Applicable Law
- Bolam v Friern Hospital [1957]
- Bolitho v City & Hackney [1997]
- Montgomery v Lanarkshire [2015]
- Civil Procedure Rules Part 35
- Mental Health Act 1983
When Needed
This assessment is essential when a claimant alleges that a healthcare provider failed to identify a mental health condition, leading to avoidable harm or incorrect treatment.
What Is a Misdiagnosis Assessment?
A psychiatric misdiagnosis assessment is a specialised forensic evaluation conducted to determine whether a clinician failed to identify a mental health condition or provided an incorrect diagnosis. This process involves evaluating the standard of care provided against that expected of a reasonably competent practitioner in the same field at the material time.
The assessment applies the Bolam test to consider whether the practitioner’s actions would be supported by a responsible body of medical opinion within the relevant specialty. It also considers the Bolitho criteria, assessing whether the clinical opinion relied upon has a logical and defensible basis.
- Breach of duty — failure to meet the standard of a reasonably competent practitioner
- Causation — assessing on the balance of probabilities whether the misdiagnosis caused or materially contributed to the claimant’s injury
- Standard of care — evaluation based on the Bolam and Bolitho principles
- Differential diagnosis — consideration of alternative psychiatric conditions at the time
- Delayed diagnosis — impact of the time lapse between symptom onset and correct identification
- Avoidable harm — identification of injuries that would not have occurred with a correct diagnosis
Our experts are highly experienced in providing expert witness testimony for the High Court and County Courts. They ensure that every report adheres to CPR Part 35 requirements, providing an impartial and robust analysis of the clinical facts.
The assessment integrates a thorough review of medical records, psychiatric history, and current clinical presentation to form a definitive expert opinion. This evidence assists the court in determining whether any clinical negligence resulted in injury, including where relevant issues of loss of chance.
Key Assessment Components
Our assessment evaluates the following areas:
Medical Record Review
A meticulous medical record review of all historic psychiatric notes and GP records to establish the clinical timeline.
Standard of Care Analysis
Establishing the standard of care by comparing the clinician’s actions to peer group professional standards at the time.
Causation Assessment
Determining causation by assessing, on the balance of probabilities, whether the misdiagnosis caused or materially contributed to specific psychiatric or physical harm.
Differential Diagnosis
Creating a differential diagnosis to determine what the clinician should have reasonably concluded based on presented symptoms.
Impact Assessment
An impact assessment of how the incorrect treatment or lack of treatment affected the claimant’s long-term prognosis.
CPR Compliant Reporting
Drafting a CPR Part 35 compliant report suitable for use in clinical negligence litigation.
Conditions That May Affect This Assessment
A range of psychiatric and psychological conditions can affect this assessment. These include:
The impact of a misdiagnosis often fluctuates based on the clinical progression of the underlying psychiatric condition.
Assessment Process
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Instruction Received
A formal instruction is received from the solicitor, outlining the scope of the clinical negligence claim and the specific diagnosis in question.
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Expert Matched
We match the case with a specialist psychiatrist or psychologist who has specific expertise in the relevant psychiatric condition and experience in clinical negligence work.
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Assessment Conducted
A comprehensive clinical interview and rigorous review of all available medical records, witness statements, and clinical notes are conducted.
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Report Delivered
A CPR Part 35 compliant report is delivered, providing a clear and evidence-based opinion on breach of duty and causation.
Turnaround Times
| Urgency Level | Timescale |
|---|---|
| Standard Report | 4-6 weeks from assessment |
| Priority Report | 1-2 weeks |
| Urgent Report | 1-4 days |
What’s Included in the Report
All reports are authored by experienced expert witnesses and are fully compliant with CPR Part 35 requirements for court use.
Frequently Asked Questions
Need a Misdiagnosis Report?
Contact us today for a misdiagnosis report from a specialist psychiatrist. We provide expert CVs and transparent fixed-fee quotes within 60 minutes.
Related Clinical Negligence Assessment Services
Assessment of psychological harm following an accident or traumatic event.
Expert reports on breach of duty across various medical and psychiatric settings.
Detailed analysis of the causal link between negligence and psychiatric injury.
Specialist advice on the necessary interventions to mitigate psychiatric harm.
Evaluation of whether clinical practice met the required professional standards.
Assessment of the impact of psychiatric negligence on a claimant’s quality of life.
