Can You Claim For The Failure To Diagnose Breast Cancer?

Failure to diagnose breast cancer can have life-changing consequences for you. When a medical professional fails to diagnose cancer, this could lead to the cancer spreading, increased risk of invasive surgeries, and even death. 

Failure to diagnose breast cancer claims guide

Failure to diagnose breast cancer claims guide

If a doctor has misdiagnosed your cancer as a result of negligence, you may be able to claim. Negligence means that they’ve breached the duty of care that they owe you.

In this article, we will explain how breast cancer misdiagnosis can happen, what a doctor’s duty of care is, and how a No Win No Fee lawyer can help you make your claim. To see if you can start a medical compensation claim today, get in touch with our advisors by:

Select A Section

  1. What Is The Failure To Diagnose Breast Cancer?
  2. Could Your Cancer Have Been Diagnosed Earlier?
  3. Are You Eligible To Claim For Medical Malpractice?
  4. When Could You Claim For The Failure To Diagnose Breast Cancer?
  5. Failure To Diagnose Breast Cancer Compensation Settlements
  6. Get An Initial Consultation On Your Claim

What Is The Failure To Diagnose Breast Cancer?

Failure to diagnose breast cancer can happen for a number of reasons, but not every case of misdiagnosis can form the basis of a successful claim. For example, if your symptoms are not indicative of cancer, or if your test results do not show the presence of cancer cells, then even a doctor providing the right level of care may struggle to make a diagnosis.

To make a claim for medical negligence, you must be able to prove that:

  • A medical professional owed you a duty of care
  • They were in breach of this duty
  • You suffered harm as a result of this breach

All patients are owed a duty of care by the medical professional treating them. This means that any actions they take towards you or your treatment must meet a minimum standard of care, as outlined by the General Medical Council’s duties of a doctor. If their actions do not meet this standard, and you suffer harm as a result, you may be eligible to make a claim. 

Diagnosis Of Breast Cancer

Some of the ways medical professionals can diagnose breast cancer include:

  • A mammogram:  A mammogram is an X-ray of your breast. Usually, a radiographer will take two X-rays of each breast, but this can differ.
  • Ultrasounds: You might undergo an ultrasound. This can help identify masses or lesions in the breast.
  • Biopsies: A biopsy can also be used to help diagnose breast cancer. During a biopsy, a doctor removes a small sample of tissue in order to test it for cancerous cells.

To find out if you have a valid breast cancer negligence claim, contact our team of advisors today.

Could Your Cancer Have Been Diagnosed Earlier?

As we mentioned above, not all cases of breast cancer misdiagnosis will form the basis of successful claims. Some instances of failure to diagnose breast cancer are unavoidable and do not happen as a result of medical negligence.

 For example, if your symptoms do not present as breast cancer, your doctor may not be able to diagnose it as such even if they deliver the right standard of care. In this case, you may not be able to make a delayed diagnosis claim.

Some examples of how a misdiagnosis could be caused by negligence include:

  • Misreading test results: If your mammogram shows a lesion or mass and your doctor or GP fails to spot this, it could lead to a misdiagnosis. 
  • Losing patient notes: Clerical errors such as lost patient notes, mislabelled lab samples, or missing X-rays could all contribute to a failure to diagnose.
  • Ignoring patient concerns: If you approach a medical doctor and adequately explain your symptoms but are dismissed or otherwise ignored, this could contribute to a delay in your diagnosis. 

Our advisors can provide free legal advice surrounding your misdiagnosed and late diagnosed cancer claim. Get in touch today for more information.

Are You Eligible To Claim For Medical Malpractice?

If the negligent actions of a medical professional have resulted in a misdiagnosis of breast cancer, you may be eligible to make a claim for compensation. You can do this without legal counsel, but a No Win No Fee solicitor may be able to make the process seem simpler.

The steps you can take in anticipation of claiming include:

  • Obtaining health records: Medical records are used as proof of the damage done to you.
  • Keeping a symptoms diary: This can show how your condition progressed as a result of the negligence as well as the impact this has on you.
  • Collecting witness details: If someone else, like a family member or other medical professional, was a witness to the negligence that caused your treatment to be delayed, you could collect their contact details so that they can give a statement later.

To learn more about how our panel of No Win No Fee solicitors could help you start your claim, contact our team of advisors today.

When Could You Claim For The Failure To Diagnose Breast Cancer?

Before you start a medical negligence claim, you must determine if you are within the appropriate time limit. According to the Limitation Act 1980, the time limit for making a medical negligence claim is generally three years from the date of knowledge. This is the date that you knew (or should have known) that negligence led to your symptoms. 

However, some exceptions apply. These include in cases of:

  • Children under the age of 18: For children under the age of 18, the time limit is suspended until their 18th birthday. An adult can claim on their behalf before this time as their litigation friend and the time limit for doing so is suspended.
  • Cases of incapacitation: If you lack the capacity to claim for yourself according to the Mental Capacity Act 2005, the time limit is suspended until you regain the appropriate capacity. Someone else can claim on your behalf during this time as your litigation friend and no time limit applies.

Learn more about the exceptions to the medical negligence claims time limit by contacting our advisors today.

Failure To Diagnose Breast Cancer Compensation Settlements

If your failure to diagnose breast cancer claim is successful, you will receive general damages, which cover the suffering and pain you endure as a result of your illness or injuries.  Many factors decide how much you might receive, but solicitors often estimate the value of a claim with the help of the Judicial College Guidelines (JCG).

The JCG is a document containing guideline compensation brackets for a list of injuries and illnesses, some examples of which you can find below:

Injury TypeCompensation BracketNotes
Severe Psychiatric Damage (a)£51,460 to £108,620Very poor prognosis with marked problems coping with work, life, and education.
Moderately Severe Psychiatric Damage (b)£17,900 to £51,460Similar problems to the case above, but the prognosis holds more optimisim.
Moderate Psychiatric Damage (c)£5,500 to £17,900Some problems coping with education, work and life, but with improvement by trial and a better prognosis.
Less Severe Psychiatric Damage (e)£1,440 to £5,500Consideration given to extent of disability and other symptoms, such as trouble falling asleep or specific phobia.
Moderate PTSD (c)£7,680 to £21,730Cases with large recovery, with continuing effects that are not grossly disabling.
Less Severe PTSD (d)£3,710 to £7,680Cases of full recovery within one to two years, with minimal continuing effects.
A Single Disfiguring Scar£7,350 to £21,330Cases of a single or multiple disfiguring scar of the chest.
Mental Anguish£4,380Fear of impending death or reduction of life.
Chest Injuries (b)£61,710 to £94,470Traumatic injury to lungs, chest and/or heart causing permanent damage and pain.

You might also be able to claim special damages. This part of your claim covers the financial losses you incur as a result of your injuries; for example, cosmetic surgeries or mobility aids. However, you must be able to provide proof of these losses, so it can be helpful to retain any relevant bills, invoices, or receipts you receive. 

For a free estimation of what your medical negligence claim could be worth, contact our advisors today.

Get An Initial Consultation On Your Failure To Diagnose Breast Cancer Claim

Our team of expert advisors are waiting to help you start your cancer misdiagnosis claim. They can provide a free initial consultation and estimation of what your claim could be worth when you call today, and they may connect you with our panel of No Win No Fee solicitors.

A No Win No Fee agreement can be a way to fund legal representation without the traditionally associated financial risks. Instead of paying hourly bills or retainer fees, a No Win No Fee solicitor requires no upfront or ongoing payment. If your claim succeeds, they will take a small percentage of your award as their success fee. This is subject to a legal cap. However, if your claim fails, then you pay nothing to them. 

Get in touch today to find out how a No Win No Fee agreement can help you by:

Breast Cancer Claim Resources

For more articles related to failure to diagnose breast cancer, try:

 Or, for more resources, try:

Guide by Cat

Edited by Fern