§ GUIDE · RESULTS

The result was there.
Nobody acted on it.

An abnormal result that sits in a file is one of the most common stories we hear, and it is one of the strongest kinds of claim. In seven of the ten judgments here the claimant succeeded, because a result that was never acted on is hard to defend. The three losses were all about whether acting would have changed anything.

Judgments read

10

Claimant succeeded

7 of 10

Largest sum stated

£1.84 million

Typical loss reason

No change in outcome

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§ BEFORE YOU GO FURTHER

For a missed-result claim, these things usually need to be true

  • A test was done, or ordered, and the result was abnormal or the test never happened.
  • Nobody told you, or nobody acted: no referral, no treatment, no recall.
  • Acting on it in time would have led to different treatment and a better outcome.
  • It happened within the last three years, or you only recently found out about the result.

Courts treat a missed result as a clear breach. The battleground is causation: whether acting on it would have changed the outcome. Bring the dates, and a solicitor can judge that quickly.

§ 01

Results never communicated

Rathore v Bedford is the plain case: swabs after childbirth showed chlamydia, nobody told the patient or her GP, and a year later she had an ectopic pregnancy and lost a fallopian tube. Liability was admitted and damages assessed at £68,742. Gallardo v Imperial involved a patient never told his tumour was malignant or that he needed CT surveillance; the cancer recurred undetected for years and the court found a continuing duty to inform him.

Shaheen v Daish and Oliver v Williams are the GP versions: a chest X-ray ordered on the computer but the patient never told to attend; an urgent cancer referral made but never mentioned to the patient and then lost. Both succeeded on liability.

§ 02

Results not reported or not recalled

KJY v University College Hospital: two radiologists reporting a newborn's X-rays did not report abnormal hip alignment visible on the films; diagnosis came 14 months later and both were found in breach. EPX v Milton Keynes: a premature baby was sent home although a blood culture grew Group B strep, and staff did not recall her. That claim settled for £1.837 million plus annual payments.

Marcus v Medway is the caution: examination findings left on an X-ray request form and never passed to the GP were negligent, but the leg could not have been saved, so damages were £2,000.

§ 03

Where these claims fail

Long v Western Sussex: discharge without repeat blood tests was a breach, but there was no evidence it made the infection worse. Tucker v Griffiths: abnormal inflammatory markers did not, the court held, oblige urgent admission. Leggett: a laboratory should have telephoned a dangerously high bilirubin result, but the damage could not have been prevented by then.

Each failed on the same point. The result was missed, and the court still had to be persuaded that acting on it would have changed what happened.

§ 04

Why these claims move quickly

The evidence is usually documentary: the result, its date, and the absence of any action. A solicitor can often see within one review whether the timeline supports the claim. That is why we ask for the dates of the test and of the diagnosis in the first conversation.

§ THE JUDGMENTS BEHIND THIS GUIDE

The ten judgments behind this guide.

Every one a published decision of the courts of England and Wales, linked to its source.

Claimant succeeded£68,742

Rathore v Bedford Hospitals NHS Trust

[2017] EWHC 863 (QB)·2017·Damages assessed at trial

Swabs taken after childbirth showed chlamydia but neither the patient nor her GP was told, and it went untreated for about a year; she suffered repeated pain and an ectopic pregnancy requiring removal of a fallopian tube. The trust admitted breach; the court accepted the ectopic pregnancy and a period of pain disorder were caused by the negligence but rejected the claim that her later chronic widespread pain was.

Failing to pass on an abnormal test result is a clear breach, but the claimant still has to prove which later problems flowed from it. Long-term pain conditions are hard to attribute to a delayed diagnosis.

Claimant succeeded

Gallardo v Imperial College Healthcare NHS Trust

[2017] EWHC 3147 (QB)·2017·Liability and damages decided at trial

After surgery at Charing Cross Hospital in 2001 the patient was never told his tumour was malignant or that he needed regular CT surveillance, and the cancer recurred undetected until 2010. The court found a continuing duty to inform him of his diagnosis and follow-up needs which the Trust failed to discharge.

Hospitals must tell patients the result of their treatment and the follow-up they need; failing to communicate a cancer diagnosis and the need for monitoring is negligent.

Claimant succeeded

Shaheen & Anor v Dr Joanna Daish

[2025] EWHC 3056 (KB)·2025·Liability decided at trial

A 49-year-old man saw his GP with breathlessness and a persistent cough; the GP ordered a chest X-ray on the computer system but the judge found she never told him to go to the walk-in radiology department. The court held he would have attended if told and was not himself at fault.

Ordering a test is not enough; the patient must be told clearly what to do. Courts are slow to blame patients for not chasing a test they did not know had been requested.

Claimant succeeded£7,500

Oliver v Williams

[2013] EWHC 600 (QB)·2013·Liability and damages decided at trial

A woman with months of bloating and bowel symptoms was urgently referred by her GP, but the judge found he never told her and the hospital lost the letter, so nothing happened until she was diagnosed with advanced ovarian cancer seven months later. The GP was liable for the delay but only £7,500 was awarded because the delay was not shown to have shortened her life.

A GP must tell the patient an urgent referral has been made so it can be chased. Damages for delayed cancer diagnosis are limited to what the delay actually caused, which may be modest.

Claimant succeeded

KJY v University College Hospital NHS Foundation Trust

[2023] EWHC 2719 (KB)·2023·Liability decided at trial

Two radiologists reporting a newborn's abdominal X-rays in October 2010 did not identify or report abnormal alignment of the hips that was visible on the films. The hip dysplasia was not diagnosed until 14 months later and the court found both radiologists in breach of duty.

Radiologists must report any obvious abnormality visible on an X-ray, even if it is outside the reason the scan was ordered. A missed incidental finding can found a negligence claim.

Claimant succeeded£1.84M

EPX (A Child) v Milton Keynes University Hospital NHS Trust

[2019] EWHC 1508 (QB)·2019·Appeal decision

A premature baby was sent home although a blood culture taken in hospital grew Group B strep; staff did not recall her and she developed meningitis with severe brain injury. The claim settled for a lump sum and annual payments; this reported judgment concerns a costs dispute, which the claimant lost.

Failing to act on a positive blood culture after discharge can lead to a multi-million-pound settlement. Note the published judgment is about costs, not the merits.

Claimant succeeded£2,000

Marcus v Medway Primary Care Trust & Anor

[2010] EWHC 1888 (QB)·2010·Liability and damages decided at trial

A doctor at a same-day treatment centre in April 2005 examined a man with a cold, painful foot but her findings were recorded only on an X-ray request form and never passed to the GP, who then failed over several weeks to diagnose limb-threatening ischaemia. The court found negligence but held the leg could not have been saved, awarding only £2,000 for extra pain.

Examination findings must be communicated to the next clinician, not left on a request form. Even proven negligence yields little compensation if the outcome could not have been changed.

Claim failed

Long v Western Sussex Hospitals NHS Trust

[2016] EWHC 251 (QB)·2016·Liability decided at trial

After surgery for a broken femur at St Richard's Hospital, Chichester, the patient was discharged in April 2008 without arrangements to repeat his inflammatory-marker blood tests, and a deep infection was diagnosed later. The court found this discharge and a four-day debridement delay were breaches of duty, but there was no evidence they made his condition materially worse, so the claim was dismissed.

Discharging a patient without arranging follow-up blood tests can be a breach of duty, but compensation depends on showing the delay actually worsened the outcome.

Claim failed

Tucker v Griffiths

[2016] EWHC 1214 (QB)·2016·Liability decided at trial

A patient with a prosthetic aortic valve had abnormal inflammatory markers on blood tests in November 2010; his GP arranged a routine appointment rather than urgent hospital admission and he suffered a stroke from endocarditis in January 2011. The judge found the results did not ground a reasonable suspicion of endocarditis and the GP's response was one a reasonable body of GPs would take.

Abnormal blood results must be acted on, but the level of urgency required depends on what a reasonable GP would have suspected at the time; a routine review can be acceptable where the overall picture did not point to a serious diagnosis.

Claim failed

Leggett v Norfolk, Suffolk & Cambridgshire Strategic Health Authority

[2006] EWHC 1238 (QB)·2006·Liability decided at trial

A baby born at 34 weeks developed severe jaundice; it was alleged doctors should have started an exchange transfusion sooner and that the laboratory should have phoned through a dangerously high bilirubin result. The judge found no breach in the doctors' decisions and, although the lab should have telephoned the result, concluded the damage could not have been prevented by then.

Neonatal jaundice claims depend on exactly when bilirubin reached a toxic level and whether earlier action could have prevented it. A proven communication failure still needs to be shown to have changed the outcome.

Browse the whole case library →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

§ QUESTIONS

Common questions

I was never told my test result was abnormal. Is that a claim?

Very often, yes. Rathore and Gallardo both succeeded on exactly that. The remaining question is whether acting on it in time would have changed your treatment and outcome.

My GP ordered a test but I was never told to go.

That is Shaheen v Daish. The court held ordering a test is not enough; the patient must be told clearly what to do, and it would not blame him for not chasing a test he did not know about.

The X-ray was reported as normal and later found to show a problem.

KJY shows a radiologist must report any obvious abnormality, even one outside the reason for the scan. An independent radiologist reviews the images to say whether it should have been seen.

The result was missed but the hospital says it would not have changed anything.

That is the defence that succeeded in Long, Tucker and Leggett. It is a genuine question and a solicitor will test it with expert evidence before advising you to proceed.

How long do I have?

Three years from when you found out the result had been missed, which is often much later than the test itself. That date matters, so note when you learned of it.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.