Delayed Diagnosis

A delayed diagnosis assessment is a psychological evaluation of the timing, consequences and clinical context of a mental health diagnosis. A psychologist may provide an opinion on the standard expected of a psychological practitioner where that issue falls within the expert’s competence. Where the alleged diagnostic failure concerns a doctor, prescriber or another professional discipline, an appropriately qualified expert from that discipline is required.

The evaluation focuses on the legal tests for clinical negligence, specifically addressing whether the delay constituted a breach of duty. It further explores causation, identifying whether the failure to diagnose caused specific psychological injury or exacerbated existing psychological symptoms that would otherwise have been mitigated by early intervention.

• Breach of duty — whether the diagnostic process met the required Bolam standard
• Causation — the clinical link between the delay and the subsequent injury
• Standard of care — evaluation against contemporary clinical guidelines and peer practice
• Avoidable harm — identifying symptoms that would have been prevented by earlier treatment
• Prognostic impact — how the delay has altered the long-term clinical outlook
• Material contribution — whether the delay significantly contributed to the claimant’s current state

These assessments require experts with specific forensic expertise who understand the complexities of psychological presentation and the nuances of the litigation process. Our psychologists provide robust, evidence-based opinions that withstand rigorous cross-examination in court.

The expert considers differential diagnoses that should have been explored and evaluates whether the diagnostic pathway followed by the defendant was clinically justifiable under the circumstances at the time.