This guide looks at when it could be possible to make a medical negligence claim if you have had a skin cancer misdiagnosis which has caused you to suffer unnecessary harm or harm that could have otherwise been avoided. Medical professionals owe their patients a duty of care. If this is breached, causing avoidable harm as a result, this may constitute medical negligence. However, you must meet the criteria in order to seek compensation. We discuss these further in our guide, including the evidence you could gather to support your case.
Could I Make A Claim For Skin Cancer Misdiagnosis?
Additionally, we provide examples of how skin cancer could be misdiagnosed and the impact this could have. Since proving liability for your unnecessary harm is essential to have a chance of a successful claim, we also show you what pieces of evidence are best to collect to support your case.
In addition, this guide explains how compensation is valued in successful medical misdiagnosis claims. To conclude, this guide touches on the main benefits of beginning your claim with one of our No Win No Fee solicitors.
Please speak with our advisors to see whether you are able to pursue a medical negligence claim. They might connect you with one of our solicitors, who can use their expertise to help you try and claim compensation for the way you have been affected. To get in touch, you can:
- Call 0800 652 3087.
- Enter your details via our ‘Claim Online‘ page.
- Send a message in our live support chat box.
Jump To A Section
- Could I Make A Medical Negligence Claim For Skin Cancer Misdiagnosis?
- What Could Cause Skin Cancer Misdiagnosis?
- Evidence Supporting A Claim For Skin Cancer Misdiagnosis
- Examples Of Payouts For Misdiagnosed Skin Cancer
- Make A No Win No Fee Medical Negligence Claim
- Further Guidance On Claims For Misdiagnosed Cancers
Could I Make A Medical Negligence Claim For Skin Cancer Misdiagnosis?
All medical professionals owe their patients who are in their care a duty. This duty requires delivering the correct standard of care. If their care falls below the correct standard that is required of them, and this leads to a skin cancer misdiagnosis, resulting in avoidable harm being suffered, medical negligence may have occurred.
However, the eligibility criteria that must be met for a medical negligence claim to be considered valid are:
- A duty of care was owed to you as a patient by a medical professional.
- The medical professional breached their duty of care.
- You suffered avoidable or unnecessary harm as a result of this breach.
Cancer Medical Negligence Claim Time Limits
As set out in the Limitation Act 1980, you must start your medical negligence claim within 3 years. The 3-year time limit begins from either the date the medical negligence occurred leading to a skin cancer misdiagnosis or the date you realised that medical negligence occurred.
There are a couple of exceptions to this time limit. To find out more about these, please call an advisor. They can also discuss the eligibility requirements in more detail.
What Could Cause Skin Cancer Misdiagnosis?
According to Cancer Research UK, there are two types of skin cancer; non-melanoma and melanoma. Advanced melanoma can spread to different parts of the body, such as the lungs, liver, and brain.
Below, we have provided examples of how a skin cancer misdiagnosis could occur and the effects it could have:
- Despite you displaying clear signs of skin cancer, your GP dismisses your symptoms and concerns and fails to organise any follow-up tests. As a result, your skin cancer progresses and worsens resulting in you receiving delayed treatment.
- The results of your biopsy are mixed up with another patients. Therefore, you are misdiagnosed and prescribed a different medication that you don’t need. Taking this medication causes further problems alongside your skin cancer.
- A negligent doctor fails to refer you to a specialist after your biopsy came back with signs of skin cancer. As a result, the cancer spreads to your brain and lungs.
Contact our team today to find out whether you could have valid grounds to pursue medical negligence compensation.
Evidence Supporting A Claim For Skin Cancer Misdiagnosis
When making a skin cancer misdiagnosis claim, you need to provide evidence that a medical professional breached their duty of care and as a result, you experienced avoidable harm. As such, you could gather:
- The contact details of any witnesses, such as those who attended any medical appointments with you.
- A diary with recordings of your well-being and symptoms.
- A copy of a formal complaint you have made against the healthcare provider in particular.
- Copies of your medical records, such as biopsy test results.
- Letters containing notes about any medical appointments you attended.
Our solicitors have experience handling medical negligence claims for cancer misdiagnosis and if you are eligible, they could assist you with gathering evidence to build your case. If you would like to learn more about the services they offer, please contact an advisor on the number above.
Examples Of Payouts For Misdiagnosed Skin Cancer
If you make a successful medical negligence claim for your skin cancer misdiagnosis, you may receive up to two heads of loss within your payout.
General damages compensate for the pain and suffering you experienced due to medical negligence. Your independent medical records and the Judicial College Guidelines (JCG) are documents that help solicitors figure out how much your general damages should be worth. The JCG has guideline valuation brackets for various types of harm.
Injuries Table
We have included figures from the JCG in the table below. Please note, these are not a guarantee for what could be awarded.
| Harm Type | Severity | Guideline compensation brackets | Comments |
|---|---|---|---|
| Brain damage | Very severe (a) | £282,010 to £403,990 | The person will need full-time nursing care. |
| Moderately severe (b) | £219,070 to £282,010 | A very serious disability causing the requirement of constant care. | |
| Lung disease | Serious disability (a) | £100,670 to £135,920 | Where a young person is seriously disabled with the possibility of premature death due to the progressive worsening of the condition. |
| Lung cancer (b) | £70,030 to £97,330 | Causing severe pain and impaired function and quality of life. | |
| Facial disfigurement | Very severe (a) | £29,780 to £97,330 | Where the injured person is young, and the facial scarring has a very disfiguring cosmetic and psychological impact. |
| Less severe (b) | £17,960 to £48,420 | Causing substantial disfigurement and a significant psychological impact. | |
| Significant (c) | £9,110 to £30,090 | The psychological reaction was considerable at first but has improved and plastic surgery has reduced the worse impacts leaving some cosmetic disability. | |
| Less significant (d) | £3,950 to £13,740 | Cases where one scar or a number of very small scars does not majorly affect the injured person's appearance. | |
| Scarring to other parts of the body | A number of noticeable laceration scars or single disfiguring scar | £7,830 to £22,730 | Affecting the legs, arms, back, chest, or hands. |
| Several superficial scars or single noticeable scar | £2,370 to £7,830 | Affecting the hands, arms, or legs. |
Awards For Special Damages
Special damages are the second head of loss which compensate for the money you have lost due to the medical negligence. For example:
- Loss of earnings from not being able to work.
- Medical costs.
- Travel costs.
You should keep any payslips, invoices, bank statements, and receipts as evidence of any financial losses.
Speak with our advisors today. They can tell you more about calculating compensation in successful medical negligence claims and answer any questions you may have.
Make A No Win No Fee Medical Negligence Claim
Our No Win No Fee solicitors can represent claimants making a medical negligence claim for skin cancer misdiagnosis under a Conditional Fee Agreement (CFA). Under the terms of this No Win No Fee contract, you typically won’t be charged for your solicitor’s work at the following times:
- Before the claims process.
- During the claims process.
- If you end up having an unsuccessful claim.
If your claim is successful, your solicitor will take a success fee out of your compensation. The percentage solicitors can take for their success fee is legally capped, ensuring you keep the majority of your settlement.
Contact Us
If you want to find out whether you have a valid medical negligence claim for skin cancer misdiagnosis, please contact our advisors today. They can assess your case and determine whether you’re eligible to instruct one of our helpful solicitors to represent you. Additionally, they can answer any questions you might have regarding your potential claim. To get in touch, you can:
- Call 0800 652 3087.
- Enter your details via our ‘Claim Online‘ page.
- Send a message in our live support chat box.
Further Guidance On Claims For Misdiagnosed Cancers
For more of our guides:
- Find out what proof of medical negligence you could provide to support your claim.
- Learn whether you could claim following a failure to diagnose skin cancer and the steps you could take to seek medical negligence compensation.
- Read our guide discussing the average settlement for cancer misdiagnosis and how payouts are calculated.
For more external resources:
- GOV.UK – The NHS Constitution for England.
- Royal College of Nursing (RCN) – An overview on a nurse’s duty of care.
- NHS – A guide on melanoma skin cancer.
Thank you for reading our guide on whether you can make a medical negligence claim for skin cancer misdiagnosis. Contact us if you have any additional questions by calling the number above.