Last Updated on April 29, 2026 by tanya

How To Claim for a Delay in Diagnosing A Pulmonary Embolism

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

What Compensation Could You Get?

You should know how to claim for a delay in diagnosing a pulmonary embolism if this has happened to you and you’re seeking compensation. A pulmonary embolism is a potentially life-threatening condition caused by a blood clot blocking an artery in the lungs. Therefore, prompt diagnosis and treatment are critical.

While not every delay is negligent, if your healthcare provider failed to act in line with accepted standards and this caused avoidable harm, you may have grounds for a medical negligence claim.

Compensation can help cover medical costs, lost income, and the emotional toll of your experience. However, by working with an experienced solicitor, you can seek compensation while focusing on your recovery.

 

Why Delayed Diagnosis of Pulmonary Embolism is Serious

Pulmonary embolism often presents with symptoms such as:

 

• Sudden shortness of breath
• Sharp chest pain (especially when breathing deeply)
• Rapid heartbeat
• Coughing up blood
• Feeling faint or dizzy

Because these symptoms can overlap with other conditions like pneumonia, asthma, or even a panic attack, doctors need to carry out a thorough investigation. Additionally, where appropriate they should order urgent tests such as:

 

• D-dimer blood test
• CT pulmonary angiography (CTPA)
• Ventilation-perfusion (VQ) scan
• Ultrasound for deep vein thrombosis (DVT)

 

Any delay in ordering or interpreting these tests can cause severe harm, such as permanent lung damage, cardiac complications.

 

When a Delay in Diagnosing Pulmonary Embolism Becomes Medical Negligence

Not every delayed diagnosis is negligent. Also, symptoms may subtle or atypical, making PE difficult to detect immediately. However, medical negligence arises when a healthcare professional fails to provide the standard of care expected, leading to avoidable harm.

You may have a medical negligence claim if:

 

Symptoms were ignored or dismissed – For example, if you reported chest pain and breathlessness but were sent home without proper investigations.

Appropriate tests were not carried out – A doctor may fail to order a D-dimer test, ECG, or CTPA scan when PE should have been considered.

Misinterpretation of test results – A radiologist might miss a clot on a scan or misreport findings.

Unreasonable delay in treatment – Even if a diagnosis was eventually made, a significant delay in starting anticoagulants or thrombolysis could still amount to negligence.

Failure to refer to specialists – If a GP or A&E doctor did not escalate your case to a hospital or respiratory team when necessary.

 

In legal terms, to prove negligence, you must establish:

 

• Duty of care – The healthcare provider owed you a duty of care to treat you appropriately.
• Breach of duty – They fell below the accepted medical standard.
• Causation – This breach caused avoidable harm or worsened your condition.

 

How to Claim for a Delay in Diagnosing Pulmonary Embolism

Making a medical negligence claim can seem daunting. But, with expert guidance, the process is straightforward. So, here are the main steps:

 

Seek Specialist Legal Advice

Contact a solicitor who is experienced in medical negligence claims as this type of claims can be complex.

 

Gather Medical Records and Evidence

Your solicitor will obtain hospital records, GP notes, and test results. Evidence such as A&E discharge notes, blood test reports, and CT scans are crucial.

 

Obtain Expert Medical Opinion

Independent medical experts assess whether the delay in diagnosis and treatment fell below expected standards. They also confirm the link between the delay and your harm.

 

Establish the Impact of Negligence

Your solicitor will consider:

• Physical injuries (lung damage, heart strain, chronic breathlessness)
• Psychological effects (anxiety, depression, PTSD)
• Financial impact (loss of earnings, medical costs, travel expenses)

 

Submit the Claim

Once the evidence is prepared, your solicitor will present your case to the hospital trust or GP surgery responsible. Many cases are settled before reaching court.

 

What Compensation Can I Claim for Delayed Diagnosis of Pulmonary Embolism?

Compensation for medical negligence claims is designed to help you on the road to recovery from the harm caused. You may be entitled to two main categories of damages:

 

General Damages

These cover the pain, suffering, and loss of amenity caused by the negligent delay. For example:

 

• Ongoing breathlessness affecting your ability to work or exercise
• Chronic fatigue or mobility restrictions

 

The amount varies depending on the severity and long-term effects of the injury.

 

Special Damages

These compensate for financial losses linked to the negligence, including:

 

• Lost income or reduced earning capacity
• Cost of medical treatment, rehabilitation, and physiotherapy
• Travel expenses to hospital appointments
• Adaptations to your home if mobility is affected
• Care and assistance provided by family or carers

 

In fatal pulmonary embolism cases, the family can also claim for funeral costs, loss of financial dependency, and emotional suffering.

 

Example Scenarios Where Compensation May Apply

• A patient repeatedly attends A&E with chest pain and shortness of breath but is told it’s anxiety. Days later, they suffer a massive PE.
• A GP fails to refer a patient with DVT symptoms, leading to a clot migrating to the lungs.
• A radiologist overlooks a small embolism on a CT scan, delaying anticoagulant treatment and causing long-term lung scarring.
• A hospital delays giving clot-busting drugs despite clear PE signs, resulting in cardiac arrest.

 

In all these cases, compensation may be awarded if it can be shown that earlier diagnosis and treatment would have prevented harm.

 

Time Limits for Making a Claim

You generally have three years from the date of negligence, or the date you became aware of it, to start a claim. For children, the three-year limit begins when they turn 18. Due to this limitation period, you should speak to a medical negligence solicitor as early as possible.

 

Why Choose a Specialist Pulmonary Embolism Claim Solicitor?

Medical negligence involving pulmonary embolism is complex. A specialist solicitor will:

 

• Understand the medical aspects of PE and its complications
• Access leading respiratory and cardiology experts for evidence
• Negotiate with NHS Resolution or private insurers on your behalf
• Maximise your compensation settlement

 

Free Consultation

Clinical negligence claims can be complicated, so consulting with experienced clinical negligence lawyers in this field who can assess whether your case is valid

Our friendly team at First Personal Injury can guide you through the process to get the compensation you deserve.

Call us at 0333 358 2345 or contact us online for a free consultation.

 

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.