In this guide, we will explore when you might be eligible to make a delayed breast cancer diagnosis claim. All medical professionals have a responsibility to provide the correct standard of care to their patients. However, there may be instances where they fail to do so, leading to patients sustaining additional harm or harm that could have been avoided.
Delayed breast cancer diagnosis claims guide
In cases where you sustained harm as a result of medical negligence, you may be able to seek compensation for the impact the harm has had on your life.
We will look at the different ways a delayed diagnosis can affect you and the compensation you could receive to address the impact you have experienced.
Additionally, we have provided examples of how a delayed diagnosis could occur.
Although we have aimed to cover the information you need, please get in touch if you have any other questions. An advisor can discuss your potential claim and if it’s valid, could connect you with a medical negligence solicitor from our panel.
Get in touch by using the details below:
- Telephone – 0800 652 3087
- Our website – Fill out our online contact form
- Live chat – Use the feature below to speak with an advisor.
Select A Section
- What Is A Delayed Breast Cancer Diagnosis?
- Causes Of Negligently Delayed Breast Cancer Diagnosis
- Is Delayed Diagnosis Considered Malpractice?
- Can You Claim For Delayed Breast Cancer Diagnosis?
- Delayed Breast Cancer Diagnosis Settlement Calculator
- Talk To Us About Making A No Win No Fee Claim
What Is A Delayed Breast Cancer Diagnosis?
As mentioned, all medical professionals owe a duty of care to their patients. This involves them taking reasonable steps to provide the correct level of care. However, there may be instances where they fail to do so. As a result, patients could experience harm as a result of medical negligence.
Examples of medical negligence could include a delayed diagnosis of cancer that has caused a patient further harm. A delayed cancer diagnosis could result in delayed treatment, an illness progressing further and more extensive treatment due to the worsening of a condition.
To find out whether you’re eligible to seek compensation, call our team on the number above.
How Common Is Breast Cancer?
According to Cancer Research UK:
- There are an average of 55,920 new cases of breast cancer each year in the UK.
- There are around 11,499 deaths from breast cancer in the UK.
- 23% of breast cancer cases are preventable.
Causes Of Negligently Delayed Breast Cancer Diagnosis
There are various causes of a delayed breast cancer diagnosis, such as:
- Delayed Diagnosis: Your doctor may have failed to send you for an urgent referral despite your tests showing clear signs of breast cancer.
- Misdiagnosis: Your doctor may have failed to send you for further tests despite the clear cancer symptoms you exhibited.
- Admin error: You may have received someone else’s results.
It’s important to note that not all instances of a delayed diagnosis could result in a claim being made. You need to prove that you sustained harm as a result of medical negligence.
To find out whether you’re eligible to claim, call our team on the number above.
Is Delayed Diagnosis Considered Malpractice?
A delayed diagnosis is not always a result of medical negligence. There are instances where a medical professional has provided the correct care but a patient still experiences further or avoidable harm.
However, in order to claim, you would need to prove the harm you sustained was a result of medical negligence. This involves a medical professional failing to provide care that meets the expected standard.
Please continue reading to find out more about the steps you can take to prove negligence resulted in a delayed breast cancer diagnosis.
Can You Claim For Delayed Breast Cancer Diagnosis?
If you have experienced a delayed breast cancer diagnosis, you could be wondering if you are eligible to make a claim. As mentioned, you would need to prove medical negligence caused you harm.
To do so, you could gather evidence. This could include medical records from an independent medical assessment. This is an appointment you may need to attend as part of the claims process. The report produced from this appointment could highlight the extent of the harm you have experienced and your future prognosis.
Additionally, there is a time limit that you should be aware of before making a claim for medical negligence. This is usually a period of 3 years. It begins from the date of the incident, or the date you became aware of negligence causing or contributing to the harm you sustained.
There are exceptions to this time limit so if you’re unsure whether you have enough time to claim, call our team for more information.
Delayed Breast Cancer Diagnosis Settlement Calculator
You may wish to use a compensation calculator to get an estimate of how much your claim is worth. However, they aren’t always accurate as several factors are considered when valuing claims.
Instead, we have created a table using figures from the Judicial College guidelines. The Judicial College provides bracket compensation amounts that correspond to different types of harm.
These guideline amounts are often used to value the general damages portion of your claim. General damages award for the impact the harm you sustained due to medical negligence has had on your quality of life.
We have used figures from the 16th edition of the guidelines, which was published in April 2022, to create the table below.
| Harm | Notes | Compensation Bracket |
|---|---|---|
| Moderate Brain Damage (c) (i) | The person will experience an intellectual deficit, a change in personality and an impact on their senses. | £150,110 to £219,070 |
| Female Reproductive System (a) | Where an injury or disease has caused infertility and other issues. | £114,900 to £170,280 |
| Female Reproductive System (b) | The person will experience permanent sexual dysfunction. | £43,010 to £102,100 |
| Female Reproductive System (e) | Infertility affecting someone who would not have had children anyway. | £6,610 to £18,680 |
| Lung Disease (a) | The condition will get progressively worse causing a premature death. | £100,670 to £135,920 |
| Lung Disease (b) | Cancer that causes severe pain and function impairment. There will also be an impact on the person's quality of life. | £70,030 to £97,330 |
| Scarring | Noticeable scars on the chest. | £7,830 to £22,730 |
| Scarring | A single noticeable scar or several superficial scars. | £2,370 to £7,830 |
| Scarring | Scarring from an exploratory laparotomy that found no internal injury. | In the region of £8,640 |
| Mental Anguish | The person fears that death is pending or that their life expectancy has been reduced. | £4,670 |
You may also receive compensation for special damages. This is the portion of your claim that seeks to compensate for the financial losses you have experienced as a result of the harm you sustained. For example:
- Travel expenses
- Loss of earnings
- Cost of medication
- Care costs
You should keep a record of these costs to provide as evidence when claiming. For example, you could provide receipts or payslips.
For more information about what you could receive in compensation for a delayed breast cancer diagnosis, call our team.
Talk To Us About Making A No Win No Fee Claim
No Win No Fee arrangements can provide people with a way to fund legal representation. There are different types, such as a Conditional Fee Agreement (CFA).
As part of a CFA, there are no fees to pay upfront for your solicitor’s services. Also, you don’t need to pay fees while your claim is ongoing.
A successful claim would mean that you would have to pay a success fee. However, this fee is capped by law. If your claim fails, you wouldn’t need to pay the success fee or for your solicitor’s services.
This is an arrangement our panel of solicitors can offer. You can find out more about the services they offer by contacting our team. They can also discuss your potential claim following a delayed breast cancer diagnosis.
Get in touch by using the details below:
- Telephone – 0800 652 3087
- Our website – Fill out our online contact form
- Live chat – Use the feature below to speak with an advisor.
Delayed And Misdiagnosed Illness Claim Resources
We have provided some additional resources below.
- Misdiagnosed and late diagnosed bladder cancer
- Misdiagnosed bowel cancer claims
- Wrong Medication Claims
- GOV- NHS Constitution For England
- GMC- What To Expect From Your Doctor
- NHS Resolution- Claims Management
If you have any questions or need additional information on what to do when faced with a delayed diagnosis of breast cancer, contact us today.
Writer Lizzie Wallace
Published Meg Miller