Misdiagnosed in 2013

I’m looking a bit of help, I went to a private consultant neurologist who is an ms specialist to get a 2nd opinion on my MRI scan, he asked a few health questions & asked my symptoms, looked at my scan & said I defiantly did not have MS. He then charged me £200 for the privilege. I did feel at the time that he was not very thorough & should have ordered further tests which he had not even suggested. Fast forward to Dec 2015 & MS was properly diagnosed with no new symptoms but with a new MRI & a lumbar puncture. I have emailed the clinic which billed me requesting a refund & they keep telling me a month later that they are waiting for the consultant to reply to them & that he is self employed in the clinic. Am I wrong to ask for a refund & can anyone suggest a quicker to get this sorted. TIA

Mmm, well now. I guess that neuro will probably argue the point saying he did give you a consultation, did what you saw him for ie examine your scan, asked you about your symptoms and gave his opinion.

As you didn’t ask for further investigation, he didn’t offer many. It would be cost a hell of a lot more, if he had ordered more tests.

Also, as the appointment was back in 2013, you may have left it too long to get a refund.

Can I ask why you left it so long?

Are you still going private, or are you under the NHS now?

I went private initially, as there was a 10 month waiting list back in 1999. I paid £200 then!

My neuro asked if I had private health insurance. I didn’t, so he suggested I should go the NHS route, as every test etc was very expensive.


I assume that the reason for the second opinion was that the first opinion didn’t think you had MS either? If so, then I think you just need to wave goodbye to your £200 and let it go. Even if the situation is much less clear-cut than that, I would let it go for the sake of your sanity. The chances of you proving that the opinion wasn’t a reasonable one in the circumstances is likely to be vanishingly small. Your most likely hope is that the guy will cough up without admitting liability just to make you go away. But I certainly wouldn’t be banking on that in your shoes - I would be telling myself that I had enough on my plate without getting embroiled in an argument that made no difference to the big issue - the eventual MS dx.

Let it go. You have more important things to worry about.


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Well now you are talking!

I went to a neuro privately in 2005 with symptoms suggestive of MS. I was told not MS and went on my merry way. In 2008 I hounded my GP with neuro symptoms but only managed to get a private neuro referral in 2011. A scan was done and c-spine lesions were found. I was told radiation myelopathy. I was told to have oxygen therapy so I went to a local MS therapy centre but had to pay double as I “didn’t” have MS. I then had a private treatment for radiation therapy which cost me £6000. During this time I had private appointments with my neuro. Last month I went to see an MS expert in London and been told that I have MS which has been obvious since my 2011 scan. Now I have spent around £6000 on an incorrect diagnosis and I have also missed being treated for MS and “time is brain” . I dont thinks I can ask for my money back !

Moyna x

You sure about that? A solicitor might tell you otherwise, have you thought about asking one? I’d have thought you’d have had grounds for some kind of legal action there.

Oh where is Tina with her legal brain / training when you need her??

Oh yes, Tina would know what you should do!

Tina, if you’re reading this, we need you!

I think the answer could be found by contacting a no win no fee solicitor. I would advise talking to three at least and not just one. If it’s black and white that negligence has happened so to speak they would more likely take the claim on. At this stage it wouldn’t cost you anything to find out.

However, there is a time limit on claims and that is three years from when you made the discovery.