Bone Cancer Misdiagnosis Claims Guide
This guide discusses when you could be eligible to make a medical negligence claim for bone cancer misdiagnosis. The NHS explains that cancer can begin in a part of the body and then spread to other areas. This is called metastasis. Therefore, it is important that cancer is diagnosed as soon as possible so that treatment can begin without undue delay.
However, if cancer is misdiagnosed, it can prolong the time that you are not receiving the treatment that you need and can potentially lead to you suffering more illness than you need to, such as a worsened prognosis. If this was caused due to a medical professional breaching the duty of care that they owed to you and would have been avoidable, you could be eligible to make a medical negligence claim.
As we move through this guide, we will discuss when you could be eligible to receive compensation for the misdiagnosis of bone cancer and look at examples of how this could occur. Following this, we will list evidence you could gather to support a medical negligence claim.
Also, we will look at how compensation could be calculated for a medical negligence claim and provide guideline compensation brackets for different types of harm.
Finally, we will discuss the use of a No Win No Fee solicitor. Please continue reading to learn more.
You can also contact a member of our team at Medical Negligence Assist at any time to discuss the eligibility of a potential bone cancer misdiagnosis claim. They are on hand 24 hours a day, 7 days a week, to provide advice and guidance at no cost.
To get in touch, you can:
- Phone a team member on 0800 652 3087
- Contact us via our callback form online
- Use the live chat window on this page
Select A Section
- Could I Make A Claim For Bone Cancer Misdiagnosis?
- Why Does Bone Cancer Misdiagnosis Occur?
- Evidence Supporting Bone Cancer Misdiagnosis Claims
- Payouts For Bone Cancer Misdiagnosis
- Begin A No Win No Fee Bone Cancer Medical Negligence Claim
- Further Guidance On Cancer Misdiagnosis Claims
Could I Make A Claim For Bone Cancer Misdiagnosis?
All medical professionals owe their patients a duty of care. This means that they must provide you with care that meets the correct standard. This is important to understand when setting out the eligibility criteria to make a medical negligence claim for bone cancer misdiagnosis. This is as follows:
- Firstly, a medical professional owes you a duty of care.
- Secondly, they breach this duty of care.
- Finally, resulting from this breach, you suffer avoidable harm due to a misdiagnosis or delayed diagnosis.
All of these conditions must be met for medical negligence to have occurred. For example, if your condition was misdiagnosed, but the medical professional did provide you with the correct standard of care, you would be unable to claim.
When evaluating your eligibility to claim medical negligence compensation for the misdiagnosis of cancer, it is also important to consider whether your case is within the applicable limitation period.
Time Limits To Claim For Misdiagnosed Cancer
Under the Limitation Act 1980, there is generally a three-year time limit for medical negligence claims. This means that legal proceedings should typically be started within three years of one of the following dates:
- The date that medical negligence took place.
- The date that you connected medical negligence to the harm you suffered.
However, there can be some exceptions that cause this time limit to differ, for example, in cases where the claimant is under the age of 18 or lacks the mental capacity to bring forward a claim.
If you would like to ask about the time limit that may apply to your medical negligence claim, please speak to one of our advisors. They can offer further insight into the exceptions applicable to the limitation periods stated above.
Why Does Bone Cancer Misdiagnosis Occur?
There are two types of bone cancer, primary bone cancer, starting in the cells of the bones, and secondary bone cancer, which has spread to the bones from another part of the body. It is possible for bone cancer to progress to further stages and spread to the lungs and lymph nodes. This highlights why it is important for a diagnosis to occur as soon as possible. Also, bone cancer can lead to symptoms such as weakened bones, causing them to break easily, and swelling near joints, making it difficult to use the joint. This could, for example, make it difficult to walk.
Some ways that bone cancer misdiagnosis could occur due to a medical professional breaching their duty of care include:
- You visit the doctor and clearly describe all of your symptoms, which point towards bone cancer. However, the doctor does not take your symptoms seriously or send you for any tests. Instead, they send you home without a diagnosis, resulting in your cancer progressively worsening over time and spreading to other parts of your body.
- You have tests carried out in a hospital and await the results to find out your diagnosis. However, your results are mixed up with those of a different patient. This causes you to receive a misdiagnosis.
Have you suffered avoidable harm after a negligent medical professional misdiagnosed your bone cancer? Learn whether you could be eligible to pursue medical misdiagnosis compensation today by speaking to a member of our team.
Evidence Supporting Bone Cancer Misdiagnosis Claims
To make a successful compensation claim for bone cancer misdiagnosis, it is important that you can provide evidence showing that medical negligence has occurred. This can include:
- A copy of your medical records
- The results of an independent medical assessment
- Any prescriptions
- Copies of test results
- Witness contact details
Also, your case could benefit from the use of the Bolam test. This is where a panel of relevantly qualified medical professionals assess whether the level of care you received meets the correct standard. If these findings are in favour of your case, you could use them to support your claim.
Please contact our team to learn more about the steps you could take to strengthen your potential bone cancer misdiagnosis claim.
Payouts For Bone Cancer Misdiagnosis
For successful cancer misdiagnosis claims, a claimant could receive a settlement consisting of up to two types of damages: general and special damages. Firstly, general damages can compensate for the medical negligence that you have suffered.
To provide guideline compensation brackets for various harm that you could have suffered, we have used the Judicial College Guidelines (JCG). Medical negligence solicitors can also use this document as an aid to assist them in the valuation of cancer misdiagnosis claims.
It is important that you consider the figures in the table as a guide and not an exact representation of what you will receive for a successful claim.
Guideline Compensation Table
| Type of Harm | Severity | Notes on this Harm | Guideline Compensation Brackets |
|---|---|---|---|
| Lung Disease | (a) Serious Disability | A young person that has a serious disability. There is a probable chance that progressive worsening will lead to premature death. | £100,670 to £135,920 |
| Lung Disease | (b) Lung Cancer | Cancer, which is typically in an older person, that causes function and quality of life impairment, and severe pain. | £70,030 to £97,330 |
| Pelvis and Hip Injuries | (a)(i) Severe | Extensive pelvis fractures that involve further problems, such as the dislocation of the lower back joint. There will be substantial residual disabilities. | £78,400 to £130,930 |
| Pelvis and Hip Injuries | (a)(ii) Severe | Fracture dislocation of the pelvis involving both ischial and pubic rami. | £39,170 to £52,500 |
| Leg Injuries | (b)(iv) Severe | Cases can involve complicated or multiple fractures, generally affecting a single limb. | £27,760 to £39,200 |
Could You Be Awarded Special Damages?
Furthermore, for a successful bone cancer misdiagnosis claim, you could also receive special damages. This can compensate for the monetary losses caused by the medical negligence.
This may include:
- The cost of care
- Loss of earnings
- Travel expenses
- Housing adaptations
You will need to provide evidence to support special damages. For example, you could present travel tickets, payslips and invoices.
Would you like a medical negligence compensation estimate tailored to the details of your case? Please speak to one of our advisors today.
Begin A No Win No Fee Bone Cancer Medical Negligence Claim
If you allow a member of our team to assess your potential claim today, they may find that you could be eligible to pursue medical negligence compensation. In this case, they could connect you with one of the No Win No Fee medical negligence solicitors from our panel.
You may wonder, ‘What does it mean to enter into a No Win No Fee agreement?’. The popular type of such an agreement that our panel of solicitors can offer is a Conditional Fee Agreement (CFA).
Under this type of arrangement, you generally won’t pay for the services your medical negligence solicitor provides at these times:
- Upfront
- For the time period that your case is ongoing
- In the event that your claim fails
Alternatively, in the event that you make a successful bone cancer misdiagnosis claim, your No Win No Fee solicitor can receive a success fee. This is a small, legally capped percentage taken from the compensation.
Contact Us
Our team of advisors are available 24/7 to discuss your potential bone cancer misdiagnosis claim. For a free consultation, reach out to our team today, but don’t worry, this won’t place you under any obligation to further your claim with us.
To get in touch, you can:
- Phone a team member on 0800 652 3087
- Contact us via our callback form online
- Use the live chat window on this page
Further Guidance On Cancer Misdiagnosis Claims
Please find further guidance on medical misdiagnosis claims from the guides on our website:
- Can You Sue For Misdiagnosis Of Cancer?
- Failure To Treat Cancer Compensation Claims
- Medical Negligence Compensation Calculator
Also, take a look at the following external sources to learn more:
- The General Medical Council (GMC) – Good medical practice
- Cancer Research UK – Where cancer can spread
- Macmillan – Cancer information and support
Thank you for reading this guide on when you could be eligible to make a medical negligence claim for bone cancer misdiagnosis. If you have any remaining questions, please don’t hesitate to ask a member of our team using the contact details provided in this guide.