If you’ve suffered avoidable harm as a result of cancer misdiagnosis, you might be wondering how much compensation you could receive if you were to make a successful medical negligence claim. In this guide, we discuss when you could claim a cancer misdiagnosis payout, and how settlements are calculated.
If you have any questions or if you’d like to start your cancer misdiagnosis compensation claim, contact our team of advisors today. They can offer more information and can provide a free evaluation of your claim, through which they may be able to connect you with one of our solicitors. To get in touch:
- Call on 0800 652 3087
- Contact us online
- Use the live chat feature
Select A Section
- Cancer Misdiagnosis Compensation Amounts
- Eligibility To Claim For A Cancer Misdiagnosis
- How Can A Cancer Misdiagnosis Happen?
- What Evidence Do You Need To Make A Cancer Misdiagnosis Claim?
- Can I Claim A Settlement For Cancer Misdiagnosis On A No Win No Fee Basis?
Cancer Misdiagnosis Compensation Amounts
Cancer misdiagnosis and delayed diagnosis claims could consist of two heads of compensation. First, there are general damages, which compensate you for the emotional harm or physical suffering caused by your injuries.
This is also awarded to compensate for any impact on your day-to-day life, for example, if you are unable to enjoy hobbies or leisure activities you usually would have before your cancer misdiagnosis. Below, we take a look at some potential compensation awards for general damage.
You also have special damages, which are designed to compensate you for any financial losses caused by the cancer misdiagnosis. Again, we’ll look at this in detail below.
Is There An Average Cancer Misdiagnosis Compensation Amount?
In short, the answer is no. Every claim is unique and has to be assessed based on its own circumstances. As a result, there is no average payout.
This doesn’t mean that you can’t get an idea of how much compensation you could receive for a cancer misdiagnosis. It’s possible to look at guideline payouts which solicitors use to value claims.
Known as the Judicial College Guidelines (17th edition, published in 2024), this document details awards made by the courts in previous cases. These figures relate only to general damages and should be treated as a guideline only.
| Injury Type | Compensation Bracket |
|---|---|
| Female Infertility | £140,210 to £207,260 |
| Total Loss Of Reproductive Organs - Male | In excess of £187,790 |
| Bladder Injuries - Loss of function | Up to £224,790 |
| Asbestos-Related Mesothelioma | £77,680 to £139,680 |
| Bowels - Loss of function | Up to £224,790 |
| Loss of One Kidney (c) | £37,550 to £54,760 |
| Loss of Spleen | £25,380 to £32,090 |
| Severe Psychiatric Damage | £66,920 to £141,240 |
How Is The Severity Of A Case Judged?
As you can see in the table above, the more severe cases of cancer misdiagnosis tend to receive higher compensation awards. You may wonder how this is determined.
In short, when you make a misdiagnosis compensation claim, your solicitor will arrange for you to be examined by a medical expert. This expert, who is independent, will assess you and your medical history and determine the impact the misdiagnosis has had on you.
The expert will then put their findings and opinions into a medical report, which is then used to value your injuries.
As well as the report, your solicitor will look at the case as a whole, such as the impact the cancer misdiagnosis has had on your life, and also the financial cost it’s had, which we look at next.
Can Cancer Misdiagnosis Compensation Amounts Cover Financial Losses?
In addition to general damages, your settlement might include special damages. This head of a claim reimburses the financial losses incurred due to the negligent misdiagnosis of cancer.
To claim special damages, you should present proof of your costs, such as receipts and bank statements.
Special damages in cancer misdiagnosis claims may include:
- Your loss of earnings for time spent off work for treatment and recovery.
- Medical expenses, such as the cost of painkillers and therapy.
- Travel expenses, such as the cost of a taxi to attend appointments.
- The cost of any specialist equipment needed as a result of the medical negligence.
To discuss negligent misdiagnosis cancer claims, please get in touch. An advisor from our team can provide you with a free personalised claim valuation.
Who Pays Compensation In Cancer Misdiagnosis Claims?
If you’ve received treatment either from the NHS or a private hospital, the claim will be made against that organisation. However, it is their insurance company that will pay you any compensation.
This means that when you make a claim, you aren’t directly impacting the finances of the NHS, for example. This is a concern for many, but it’s important to remember that money for frontline healthcare is separate and ringfenced from any compensation awards for negligence.
Eligibility To Claim For A Cancer Misdiagnosis
As we mentioned above, not all cases of misdiagnosis will result in a successful claim. This is because some cases of misdiagnosis are not the result of medical professionals acting negligently. For example, you might be exhibiting symptoms that are very different to the condition you’re suffering from, meaning that your doctor cannot be expected to make the right diagnosis based on the information they have.
Every medical professional has a duty of care to the patients that they treat. This means that any actions they take in regard to you and your treatment must meet a minimum standard of care, as outlined in the General Medical Council’s (GMC) duties of a doctor.
If their actions do not meet this standard, and you suffer harm as a result, you could be eligible to make a claim.
How Long Do I Have To Claim A Cancer Misdiagnosis Compensation Amount?
In cancer misdiagnosis claims, the time limit to start a compensation claim can be three years from the date of the negligence. It could also be 3 years from the date of knowledge, which is when you realised you were harmed due to negligence. This is outlined in the Limitation Act 1980.
The time limit does not apply to any patients who lack the mental capacity to make their own decisions. It is suspended indefinitely unless they recover. Before this point, a litigation friend can start a claim on their behalf.
If the claimant is a child, the limitation period begins from their 18th birthday. Similarly, a litigation friend can claim on their behalf before this date.
We would recommend that you start a misdiagnosis of cancer claim as soon as possible. Get in touch with our advisors to find out if you’re still eligible to claim.
Can I Claim On Behalf Of Someone Who Has Died?
Yes, it’s possible to claim on behalf of someone who has died due to a cancer misdiagnosis. This may have been a close family member or a friend.
How Can A Cancer Misdiagnosis Happen?
To make a successful medical compensation claim, you must prove that you suffered harm due to negligence. We’ve included some examples of how negligence can contribute to a cancer misdiagnosis in the list below:
- Misreading test results: An example of this could be if your doctor orders a mammogram, but misses a suspicious mass or lesion that could have led to a timely breast cancer diagnosis.
- Ignoring symptoms: This could include cases in which you clearly relay your symptoms to your doctor, but they ignore any that could link your diagnosis to cancer. For example, in cases of bladder cancer, the patient may be experiencing blood in the urine among other symptoms, but the doctor ignores this and diagnoses the patient with a UTI.
- Failure to refer: If your doctor or GP suspects you might have cancer but fails to refer you to a specialist, this could result in a delayed diagnosis or no diagnosis at all.
Our advisors can give you an estimate of what your claim could be worth, as well as more information on the average settlement for cancer misdiagnosis.
What Evidence Do You Need To Make A Cancer Misdiagnosis Claim?
If you start a hospital negligence claim, you must be able to provide proof that a medical professional breached their duty of care and you suffered harm as a result. If you choose to hire a No Win No Fee solicitor, they can help you gather evidence to prove that the harm done to you was caused by negligence.
Some steps you can take to strengthen your claim include:
- Requesting medical records: Medical records or patient notes that show your symptoms and any decisions that a medical professional made can be used as evidence in your claim.
- Collecting witness details: Collecting the details of anyone who might have witnessed the suspected negligence can be helpful, such as a spouse or family member.
- Keeping a symptoms diary: Keeping a diary of any symptoms that may worsen due to the suspected negligence can be helpful, as this can later be used as evidence in your claim.
Your case might also be put through something called the Bolam test. This means that a group of professionals in the field relevant to your claim will assess the actions taken by your doctor, and decide if their behaviour was reasonable or negligent.
To learn more about the average settlement for cancer misdiagnosis, contact our advisors today. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
Can I Claim A Settlement For Cancer Misdiagnosis On A No Win No Fee Basis?
If you are ready to make a claim, a cancer misdiagnosis compensation solicitor from our panel may be able to help. There are many benefits to working with a solicitor; for example, while we can’t offer an average payout for cancer misdiagnosis in the UK, a solicitor may be able to provide more information on your potential payout.
Our panel of solicitors work on a No Win No Fee basis by offering their clients a Conditional Fee Agreement (CFA). This means you can access their expertise without paying an upfront fee or any fees for their continued services. Similarly, if your claim fails, you won’t pay for their work on your claim.
If your claim succeeds, you will pay a success fee. This is taken directly from your cancer misdiagnosis payout as a small percentage. However, this percentage is capped by law, which means you keep the larger share of what you receive.
To find out if working with a solicitor from our panel could be right for you, contact our team of advisors today. They can evaluate your claim for free, and may pass you on to a legal professional. To get started:
- Call us on 0800 652 3087
- Contact us online
- Use the live chat feature
Learn More About How Settlement Amounts Are Calculated
To find out more about medical negligence claims, try:
- Failure To Diagnose Cancer Compensation Claims
- How Do I Make A Claim Against The NHS?
- Time Limits For Suing The NHS
- If you’d like to learn more about how common cancer misdiagnosis rates are, we’ve conducted research on the issue. You can head here to see the number of cancer misdiagnosis cases and delayed cancer misdiagnosis cases there have been in the last few years. We’ve also conducted research on the numbers leading to deaths, which you can view here.
Or, for more helpful resources, try:
If you would like to know more about the average settlement for cancer misdiagnosis, speak with an advisor today.