If you are interested in starting a cancer misdiagnosis claim, you may be wondering what the average settlement for cancer misdiagnosis is. Misdiagnosis of cancer can have serious and long-lasting consequences, some of which could be fatal. If your cancer was misdiagnosed due to medical negligence, you might be eligible to make a claim.
Through this article, you can find out what counts as negligence, how much you could receive, and the benefits of choosing a No Win No Fee solicitor to handle your claim.
Our advisors are ready to offer free legal advice. If your case is valid, they could help you start your claim today. Contact us by:
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- Common Types Of Cancer You Could Claim For
- Eligibility To Claim For Cancer
- What Evidence Do You Need To Make A Claim?
- What Is The Average Settlement For Cancer Misdiagnosis?
- Negotiating Your Final Medical Negligence Settlement
- Learn More About The Average Settlement For Cancer Misdiagnosis By Contacting Us
Misdiagnosis of cancer can cause far-reaching and potentially fatal consequences. However, not all cases of misdiagnosis can form the basis of a successful claim. To make a claim, you must be able to connect negligence on the part of a medical professional with your misdiagnosis. Furthermore, you need to show that the negligence caused you unnecessary harm.
Examples of cancers that could be negligently misdiagnosed by a medical professional include:
- Breast cancer
- Cervical cancer
- Lung cancer
- Prostate cancer
- Bowel cancer
Every medical professional has a duty of care to the patients that they treat. This means that any actions they take in regards 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.
Our advisors can offer more information on the average settlement for cancer misdiagnosis, as well as free legal advice surrounding your claim. Contact us today by following the information at the top of the page.
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.
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.
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.
If your claim succeeds, you will receive general damages. General damages cover the emotional suffering and physical pain caused by your injury or worsening of your condition.
Legal professionals often use a document called the Judicial College Guidelines (JCG) to help value a claim, as the JCG provides a list of injuries with corresponding guideline compensation brackets. Because all claims are based on individual circumstances, there is no average settlement for cancer misdiagnosis.
See the table below for some examples of these compensation brackets:
Injury Type Compensation Bracket Notes
Severe PTSD (post traumatic stress disorder) £56,180 to £94,470 Cases where the patient cannot function at the pre-trauma level.
Moderate Psychiatric Damage £5,500 to £17,900 Significant change in the patient's ability to cope with life, work, and education, but with marked improvement over time and good prognosis.
Complete Loss of Sight in One Eye £46,240 to £51,460 Consideration given to regional scarring and risk of sympathetic ophthalmia.
Total Deafness £85,170 to £102,890 Total deafness.
Lung Disease (b) £65,710 to £91,350 Lung cancer causing impairment and severe pain.
Asbestos-Related Mesothelioma (a) £65,710 to £118,150 Mesothelioma causing impairment of life and pain.
Female Infertility (a) £107,810 to £158,970 Infertility due to disease or injury with scarring, depression/anxiety, and pain.
Loss of One Kidney (c) £28,880 to £42,110 Loss of one kidney with no damage to the second.
Bladder Injuries (b) Up to £132,040 Complete loss of function and control.
Loss of Spleen £19,510 to £24,680 Continuing risk of internal infection due to weakened immune system.
You might also be eligible for special damages. Special damages cover the financial losses you might incur as a result of your illness. For example, if you suffered a delayed diagnosis and your cancer spread as a result, you may be unable to work.
In this case, you could potentially claim back any future earnings you would have earned were it not for the delay in diagnosis. However, you must be able to provide proof of these losses. As such it can be helpful to save any relevant receipts, bills, or invoices.
The JCG can only provide broad guidelines. For a free and in-depth assessment of whether you could receive compensation, contact our advisors today.
Compensation can in the form of a settlement that covers both general and special damages. This does not always mean your claim will have to go to court; there are a number of ways you can reach a settlement.
Arbitration And Mediation
Arbitration is an out-of-court process in which a third party is appointed. This person will usually have legal training; they will make a generally legally-binding decision on behalf of the parties involved.
Mediation is another kind of out-of-court process in which an independent mediator helps both parties negotiate a reasonable settlement. Their decision is not legally binding but is intended to facilitate a discussion between the two parties.
To find out how our panel of No Win No Fee solicitors can help you negotiate a medical negligence settlement, contact our advisors today. They could also offer you guidance on the average settlement for cancer misdiagnosis.
A No Win No Fee agreement is a way to fund legal representation with minimised financial risk. When you enter into a No Win No Fee agreement, you do not need to pay ongoing or upfront fees.
If your claim succeeds, your solicitor will take a small percentage of your award as their success fee. However, if your claim is unsuccessful, you will not have to pay any fees to your solicitor.
Our advisors can give you free legal advice and could potentially put you in contact with our panel of expert No Win No Fee solicitors. They can help guide you through the many steps and legal processes that come with making a claim with their extensive legal knowledge and minimised financial risk.
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Find Out How Damages Claims 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
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.
Guide by Cat
Edited by Fern