Autism Misdiagnosis Claims

Autism, or autism spectrum disorder (ASD), is a developmental condition that affects how an individual perceives the world around them, communicates and interacts with others.

It typically emerges in early childhood, but some people do not get an autism diagnosis until later in life. That can have a profound impact on them and their families, both emotionally and financially.

If a medical professional has failed to diagnose autism and this has caused you unnecessary pain and suffering, you might be eligible to claim compensation. You can also make a claim on behalf of your child or a loved one who cannot handle legal proceedings themselves.

To find out if you have a valid autism misdiagnosis claim, feel free to call 0800 470 0474 for a free case assessment or use our contact form to request a call back.

Table of Contents

• Am I eligible to make an autism misdiagnosis claim?
• What is autism?
• How is autism diagnosed?
• How is autism managed?
• Common causes of autism misdiagnosis
• What can be the impact of autism misdiagnosis?
• Will my claim for autism misdiagnosis be against the NHS?
• How do I make a claim on behalf of my child?
• Evidence needed to support a compensation claim
• Time limits to claim for the incorrect diagnosis of autism
• How much compensation can I claim for a misdiagnosis of autism?
• How much will it cost to claim compensation for autism misdiagnosis?
• How long will my claim take?

Am I eligible to make an autism misdiagnosis claim?

The easiest way to find out if you can make a no win no fee compensation claim following autism misdiagnosis is through a free consultation with a specialist solicitor. They will help you make your claim if there is evidence to support the following:

• A duty of care. First, it must be established that the defendant in your case owed you a duty of care legally. As a general rule, all healthcare providers owe their patients a duty to provide an acceptable standard of care and treatment.
• A breach of duty. This occurs when a medical professional fails to uphold the expected standard of care. For example, a failure to recognise ASD symptoms or a delay in referring you for specialist testing.
• Causation. This element links the breach of duty to the harm you suffered. Your solicitor must be able to prove that the delayed autism diagnosis or misdiagnosis caused unnecessary harm that would not have occurred otherwise.
• Damages. These refer to the quantifiable losses you suffered, such as suffering, loss of quality of life and financial expenses.

What is autism?

The autism spectrum disorder (ASD), also known as autism, is not an illness or disease. It is a complex neurodevelopmental condition that brings multiple challenges, such as repetitive behaviour, social communication difficulties, and restricted interests.

Autism is a spectrum, and it manifests in various ways. While some autistic people may need significant support, others can live largely independent lives.

Some of the most common symptoms of autism include:

• Difficulty understanding social cues and making eye contact
• Struggling with making friends and keeping them
• Having a hard time with self-expression or understanding others
• Eating disorders
• Engaging in repetitive actions, behaviour or routines, such as rocking or hand flapping
• Oversensitivity to light, sound, taste or touch
• Extreme anxiety, meltdowns and shutdowns
• Intense focus on specific interests or hobbies

In children with autism, early signs and symptoms include:

• Avoiding eye contact
• Not responding to their name by nine months
• Getting upset by minor changes
• Not doing pretend play by the age of four
• Repeating words or phrases
• Preferring solitary activities
• Not noticing when others are hurt or upset by the age of two
• Using few or no hand gestures

The precise cause of ASD is still unknown, but it is not caused by vaccines, diet, bad parenting or an infection. It is believed to be due to a combination of genetic, non-genetic and environmental factors, such as prenatal antibiotic exposure and post-term pregnancies.

How is autism diagnosed?

There is no recognised medical test to diagnose autism. If you believe that you or your child have specific symptoms of ASD, you should ask your GP to refer you for an autism assessment. This is done by a team of autism specialists and can take between a few months and over a year. They may:

• Ask about the symptoms and difficulties you or your child have.
• Ask about your child’s development and do a physical examination.
• Ask you to fill in a questionnaire.
• Watch how you/your child interact with other people.
• Speak to others who know you or your child well, such as friends, family or your GP.

At the end of the assessment, you will receive a report saying whether you meet the criteria for ASD diagnosis, the areas where you might need help with and what you are good at. If you or your GP do not agree with the report, you may ask them to refer you to another assessment team for a second opinion.

How is autism managed?

While there is no cure for it, an accurate and early diagnosis of autism is essential for timely interventions, such as speech and behavioural therapy. These can significantly improve outcomes and quality of life for individuals with autism and their families.

Depending on the severity, some strategies that can help manage ASD include:

• Speech therapy to help improve language and communication;
• Occupational therapy can help individuals develop fine motor skills and daily living skills;
• Applied Behaviour Analysis (ABA) focuses on strengthening positive behaviours and reducing challenging ones;
• Specialised education programmes designed to support a child’s unique needs;
• Behavioural therapy to teach coping skills and emotional regulation;
• If needed, medicine to help associated mental health issues such as anxiety or depression;
• Structured daily routines and regular physical and recreational activities;
• There are also several support groups and networks for autistic people and their families, such as the National Autistic Society and Autism Central.

It is essential to keep in mind that throughout the years, various products have emerged that falsely claim to cure or treat autism, such as oxytocin, exclusion diets, chelation and secretin. You should not try these or any other products without consulting your doctor.

Common causes of autism misdiagnosis

According to the National Autistic Society, there are approximately 750,000 undiagnosed autistic people aged 20 and above. Some common causes of autism misdiagnosis include:

• A rushed or incomplete evaluation of symptoms;
• A lack of training and expertise of professionals who make the assessment;
• Gender bias, as girls with autism often show subtler symptoms compared to boys;
• Failing to consider significant aspects of the patient’s history;
• Overreliance on parental reports;
• Overlapping symptoms with other conditions, such as ADHD, OCD, anxiety disorders or learning disabilities;
• Using outdated diagnostic tools or criteria;
• A failure to correctly interpret diagnostic tests or behaviour;
• Attributing symptoms to external factors such as stress trauma or poor parenting;
• The failure of a GP to make a specialist referral when necessary.

Considering these examples of negligence, you could make a claim for autism misdiagnosis if:

• You were mistakenly diagnosed with ASD when you were suffering from another condition;
• You received a delayed diagnosis of autism when your condition should have been diagnosed earlier;
• You were incorrectly diagnosed with a condition you did not have, such as ADHD or OCD, when you had autism.

What can be the impact of autism misdiagnosis?

Autism misdiagnosis can have a significant impact on those affected and their families and can lead to a range of effects, such as:

• Missed opportunities for early support and interventions;
• Side effects from medication they did not need, such as antidepressants or mood stabilisers;
• Withdrawal and isolation from social interactions and relationships;
• Delays in accessing the correct therapies and support tailored for autism;
• Emotional and psychological effects due to the wrong treatment;
• Reduced chances of succeeding in school due to their education challenges not being addressed;
• An impact on job performance and opportunities for independence;
• Devastating effects on self-image and self-esteem;
• Reduced ability to start and complete daily tasks;
• Unnecessary financial strain due to spending money on inadequate treatments, services and therapies.

If you were misdiagnosed with autism or you received a late diagnosis, and this has affected your life, you may be eligible to file a claim for medical negligence.

Will my claim for autism misdiagnosis be against the NHS?

If you or your loved one were diagnosed with the National Health System (NHS), your claim will be handled by NHS Resolution. This organisation was established by the Department of Health and Social Care to address all negligence claims against the NHS, including misdiagnosis cases.

NHE Resolution is funded by premiums paid by NHS Trusts, and it will not use resources allocated to patient care to cover your compensation if you win the claim.

You can also claim compensation for autism misdiagnosis from a private healthcare provider if negligence occurred in the private sector. All independent professionals must also have insurance against personal injuries to patients, and their insurer will be responsible for managing your case.

How do I make a claim on behalf of my child?

If your child has suffered due to a wrong NHS or private diagnosis of autism, you can make a claim on their behalf. This process involves you applying to the court to be named as their litigation friend, proving there are no conflicts of interest between you, and you can make fair decisions about the case.

Once approved, you will have certain duties, which include gathering evidence, liaising with solicitors and making decisions about the case.

If your claim is successful, you must attend an Infant Approval Hearing in court. A judge will examine the available evidence to determine whether the awarded payment is fair and covers all the child’s needs.

You can then transfer the money into a personal injury trust, which will keep it ring-fenced and not affect your child’s eligibility for state benefits.

Evidence needed to support a compensation claim

The evidence you could use to support your claim includes:

• Medical records that show your interactions with healthcare professionals, the initial misdiagnosis and the treatments received;
• Evidence from medical or psychological evaluations that confirm the accurate diagnosis of the autism spectrum disorder;
• Expert testimony from specialists who can help clarify that you received an autism misdiagnosis due to medical negligence;
• Records from mental health specialists detailing the emotional or psychological harm you have suffered;
• Witness statements from friends, family and other people who have seen how the delayed diagnosis has affected your life;
• You also need financial records such as receipts and invoices to claim for the expenses incurred due to the negligence.

Time limits to claim for the incorrect diagnosis of autism

Under the Limitation Act 1980, you typically have three years to claim compensation from the date of knowledge. This refers to when you became aware of the misdiagnosis of autism and the harm it caused.

However, it is better to get in touch with a specialist medical negligence solicitor as soon as possible. That will help them collate the evidence required to build a compelling case and improve your chances of a successful claim.

A parent, legal guardian or another suitable adult can claim compensation for autism on behalf of a child at any time before their 18th birthday. If no claim is made for them, the child will have until their 21st birthday to take legal action once they turn 18.

The time limit is suspended if the claimant is physically or mentally unable to handle the claims process due to their misdiagnosis. In this case, a litigation friend could assist them at any time.

How much compensation can I claim for a misdiagnosis of autism?

The amount of compensation awarded for a missed or delayed diagnosis of autism is calculated on a case-by-case basis. The payment will depend on various factors, such as the degree of negligence and its impact on your life.

There will be two types of damages considered in your claim:

General damages are awarded for the subjective impact of the autism misdiagnosis and could include:

• The emotional distress caused by the missed autism diagnosis
• The physical harm caused by incorrect treatment
• Impact on quality of life, education and relationships

Special damages are awarded to cover quantifiable financial losses directly resulting from the misdiagnosed autism, such as:

• Therapy costs that would have been avoided with a correct diagnosis
• Lost wages that a parent incurred from taking time off work to care for their child
• Costs of care and assistance with daily living
• Travel expenses to medical appointments or therapy sessions
• Costs for special education needs, such as homeschooling
• Future costs for treatments, care and therapies

Our online compensation calculator can give you an estimate of how much you could receive by answering a few simple questions.

How much will it cost to claim compensation for autism misdiagnosis?

If you have a valid case, it will not cost you anything to make an autism misdiagnosis compensation claim. The solicitors we partner with will work on a no win no fee basis, so you will not have to pay a single penny upfront or if your claim fails.

Under this agreement, your solicitor will only get a success fee capped at 25% of your settlement if and after you are compensated for your losses. If your case fails, you do not owe them a single penny.

Your solicitor can also take out After the Event (ATE) insurance for you to cover all the litigation costs if your claim is unsuccessful. These include medical reports, expert witnesses, court fees and the defendant’s lawyers. You only pay the price of the ATE premium if you win the case.

How long will my claim take?

The duration of a claim can vary significantly from a few months to several years, depending on the case complexities. Some determining factors include:

• The severity of the autism symptoms
• Whether you have suffered any additional injuries, such as post-traumatic stress disorder (PTSD)
• How long it takes to gather supporting evidence
• The estimated value of the compensation award
• Whether the defendant admits liability and how soon they admit it
• How long the negotiation process takes

Your solicitor will work hard every step of the way to ensure your claim is resolved in the shortest time possible. They may also be able to secure interim payments on your behalf to help you cover urgent financial needs such as private medical bills and education.

To find out if you are entitled to make a claim for compensation, call 0800 470 0474 today or enter your details to request a call back.

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.