Look back at what the patient has said and what may have changed or been missed. If earlier appointments were by phone or video, see the patient face to face and examine them.

MISDIAGNOSIS CLAIMS

Jess’s Rule Explained: What It Means for Delayed Diagnosis Claims

You kept going back because you knew something wasn't right. Each time, you were sent home with the same answer. If a missed or late diagnosis has changed your life, or taken someone you love, you deserve to be heard.

Reflect

3 visits

with the same or worsening symptoms should prompt a GP team to rethink

Jessica Brady was 27 when she died from cancer in December 2020. Her family say doctors ruled out cancer because she was young. By the time she was admitted to hospital, it was too late.

Over five months

Late 2020

Jess’s Story

Jess’s Rule, also known as "three strikes and we rethink", is a primary care initiative. It encourages GP teams to reconsider a diagnosis when a patient comes back three times with the same or escalating symptoms, particularly where those symptoms are unexplained or not improving with treatment.

NHS England says many GP teams already work this way.

Jess's Rule gives that good practice a consistent structure, so it happens everywhere, not just in some surgeries.

The rule recognises something patients have said for years: you are the expert on what feels normal for your own body. It puts weight on listening properly, recording each symptom, and not letting assumptions about someone's age rule out a serious illness.

Earlier diagnosis of conditions such as cancer and sepsis gives people a better chance of survival and recovery. By prompting a second look after repeated visits, Jess's Rule aims to catch more of those conditions in time.

Were you sent away more than once? Tell us what happened and we'll explain where you stand.

Jess's Rule is guidance, not a law, so not following it doesn't automatically mean a GP was negligent. A claim still depends on showing that your care fell below the standard a reasonable GP would provide, and that this caused you harm.

But the rule sets out, in plain terms, what good practice looks like when a patient keeps returning. That can help when an independent expert assesses whether your GP should have acted sooner. You may have grounds for a GP negligence claim if:

✓ You saw your GP practice repeatedly with the same or worsening symptoms, and nobody looked again at the diagnosis

✓ All your appointments were remote, and you were never examined in person

✓ Red flag symptoms were missed or put down to your age

✓ You weren't referred for tests or to a specialist when you should have been

✓ The delay meant your condition got worse, your treatment became harder, or your outlook changed

If you've lost a loved one after a missed or delayed diagnosis, your family may also be able to claim.

Time limits apply

In England and Wales, you usually have three years to start a medical negligence claim. That time runs from the date of the negligence, or from the date you first realised you had been harmed by it, if that came later.

Where someone has died, the three years usually runs from the date of death, or from when the family became aware the death may have been caused by negligence.

We fully support Jess's Rule, because patients should always come first. When care does fall short, Medical Claim Direct is here to help you get answers. Your claim is handled by the specialist clinical negligence team, who help clients with:

• GP misdiagnosis or delayed diagnosis

• Failure to refer for tests or specialist care

• Missed or late cancer diagnosis

• Negligent treatment that led to further harm

If your GP missed your symptoms, or a loved one's, and it has caused serious harm, talk to us. We'll listen with care, explain your options clearly and tell you honestly whether you have a claim, with your case handled by specialist clinical negligence solicitors at NJS Law.