Pulmonary Embolism Delayed Diagnosis

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Compensation for Clinical Negligence

A pulmonary embolism delayed diagnosis can lead to serious harm. So, if medical professionals missed warning signs, you may be entitled to compensation through a medical negligence claim. Actionable negligence is when there’s a failure in an acceptable standard of care which results in harm. This may include missing signs, not ordering necessary tests or not paying attention to patient history.

If this has happened to you, it’s important to know what steps to take next and what evidence to gather in order to claim compensation.

Why Timely Diagnosis of a Pulmonary Embolism Matters

A pulmonary embolism (PE) occurs when a blood clot travels to your lungs, blocking blood flow and causing potentially life-threatening complications. Further, symptoms may include shortness of breath, chest pain, cough, rapid heart rate, or even fainting.

Diagnosing a PE quickly is vital. However,  delays can result in permanent damage, reduced lung function, or death. Therefore, when symptoms are present, healthcare providers are expected to follow established guidelines. This may include ordering CT pulmonary angiography (CTPA), or recommending immediate anticoagulant therapy.

When Is a Delayed Diagnosis Considered Medical Negligence?

It’s important to be clear on the boundary between an unfortunate oversight and legal negligence and this involves proving four legal elements:

1. Duty of Care

Every patient receiving treatment has a legal right to expect that clinicians act with reasonable care.

2. Breach of Duty

Did your healthcare provider deviate from accepted medical standards? Examples:

• Failing to take a proper history (e.g., sudden chest pain after recent surgery or long-haul flight).
• Ignoring red flags such as unexplained shortness of breath, swelling in one leg, or sudden tachycardia.
• Delaying or failing to order critical tests like D-dimer or imaging.

3. Causation (Harm Caused by the Delay)

You must show that, “but for” the delay, your condition (injury, long-term complications, or death) would have been significantly less severe.

4. Damages (Quantifiable Loss)

Compensation must correspond to real losses: medical expenses, rehabilitation costs, lost earnings, ongoing care needs, and pain and suffering.

You may have a viable medical negligence claim if all four are established.

Red Flags Your Pulmonary Embolism Diagnosis Was Delayed Due to Negligence

• Your symptoms were dismissed or downplayed – possibly labelled as anxiety or indigestion without investigation.
• Repeated visits to A&E or GP with worsening symptoms. But,  no tests were ordered.
• You received a PE diagnosis only after catastrophic collapse or hospitalisation.
• The health professional did not follow clear clinical guidelines existed.

How to Claim Compensation for Delayed PE Diagnosis

Here’s an easy to follow guide on the steps you need to take:

1. Seek Specialist Medical Assessment Immediately

Begin with a retrospective review by an independent specialist. This will ideally be a pulmonologist, respiratory physician, ER physician, or legal medical adviser to assess:

• Whether acceptable standards were breached.
• Did the delay caused additional harm.

This expert report is often pivotal for legally establishing breach and causation. Your solicitor will be able to help you to arrange for this medical assessment.

2. Consult a Medical Negligence Solicitor

We work with medical negligence solicitors who will be able to assess your case immediately as to whether you have a valid claim. Additionally, they also offer a popular ‘No Win, No Fee’ service which means you only pay fees if you win your case.

3. Gather Evidence

Your solicitor will help you collect:

• GP and hospital records (consultation notes, test orders, reports).
• Lab and imaging results (CTPA reports, D-dimer values).
• Witness statements (family, carers).
• Financial documents (wages, receipts for travel or private care).

4. Letter of Claim (“Letter of Notification”)

Your solicitor sends a formal notice to the provider e.g. NHS Trust or private clinic, which outlines:

• What went wrong (timeline of events, breaches of duty).
• The impact on your health and life.
• That you’re seeking to resolve the matter, with intent to litigate if not resolved.

5. Defence and Negotiation

The provider typically has a set timeframe (e.g., 3 months) to:

• Admit liability and potentially offer settlement.
• Deny liability or dispute causation, launching formal investigations.

Most claims settle via negotiation without needing court action.

6. Claim Issued in Court (if needed)

Your solicitor may issue formal legal proceedings if they cannot agree on liability or compensation. The court will hear your claim and review all evidence.

Compensation for PE Delayed Diagnosis: What You Can Claim

Be Aware of Time Limits (Limitation Period)

You typically have three years from the date of diagnosis – or from when you became aware you suffered harm – to issue a claim.

However, for minors or those lacking capacity, extended deadlines or protective measures often apply.

Real Life Example of Pulmonary Embolism Delayed Diagnosis

“After a long haul flight I started feeling breathless and had chest pains. I saw my GP twice, but was told it was stress and anxiety. I collapsed a week later and was rushed in where a pulmonary embolism was finally diagnosed. Now, I’m left with persistent anxiety and shortness of breath—and mounting medical bills.”

This example underscores real-life impact: psychological trauma, persistent symptoms, and financial strain—key pillars for compensation.

Tips to Strengthen Your Claim

• Record dates and times of all symptoms, appointments, advice.
• Keep all bills, receipts, and correspondence—even a simple call log.
• Request copies of all test results and reports promptly.
• Stay in touch with your solicitor and follow medical follow-ups carefully—they may need to monitor your recovery trajectory.

Contact Us Today

So, if you or a loved one has suffered from a delayed diagnosis of a pulmonary embolism, it’s important to speak to a solicitor as early as possible to claim your compensation.

Jefferies Claims partner with medical negligence lawyers who can assess your case and who operate on a ‘No Win, No Fee’ basis.

Contact us today at 0333 358 3034. Alternatively, complete our online contact form to arrange an free,  no-obligation telephone consultation with a member of our expert team.

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.