In this guide, we will look at the process of claiming compensation if a hospital has failed to diagnose cancer. If a condition like cancer is misdiagnosed, this can have a detrimental effect on your wellbeing. If it happened as a result of negligence, you could be owed compensation.
This article will guide you through the process of making a hospital negligence claim, as well as how misdiagnosis could happen in a healthcare setting. We will look at different examples of a breach of duty of care and when you could be eligible to make a claim.
Contact us today, and our advisors can offer free legal advice and if they believe you have a successful claim, they can put you in touch with a medical negligence lawyer from our panel.
Here is how you can contact us today:
- Telephone us on 0800 652 3087
- Contact us through our website
- Speak with someone through our live chat feature
Select A Section
- Misdiagnosis Of Cancer By A Hospital
- What Is Misdiagnosis Of Cancer By A Hospital?
- Types Of Hospital Misdiagnosis
- Can You Claim If A Hospital Failed To Diagnose Cancer?
- How Much Could You Claim If A Hospital Failed To Diagnose Cancer?
- Get Help If A Hospital Failed To Diagnose Cancer
A duty of care means that medical professionals owe a duty of care to their patients. This means that they need to act in a way that prevents them from coming to unnecessary harm.
Some harm may be required in the course of treating a medical condition. For example, in order to treat cancer, you might have to undergo chemotherapy. Chemotherapy is a kind of treatment that, although it can be effective in treating cancer, can also make you ill and lose your hair. You would not be able to claim for the harm caused by chemotherapy that is caused to treat your cancer.
Furthermore, you cannot claim for a misdiagnosis causing harm but that did not result from a breach of duty of care. For example, your doctor may have failed to diagnose your cancer because you were not exhibiting any of the typical symptoms that you would usually exhibit if you had this condition.
For more information on claiming if a hospital failed to diagnose cancer as a result of negligence, speak with an advisor today.
The term misdiagnosis is used when a medical professional gives an incorrect diagnosis of an illness, injury or another health condition. This can have a number of different effects.
For example, the misdiagnosis of cancer could result in the condition getting worse than it would have if you’d received the right care. As a result, when you eventually receive the right diagnosis, you might need more intensive treatment as the condition has progressed. In some cases, the delay in diagnosing and treating cancer could result in death.
Furthermore, if you’re mistakenly told that you have a condition other than cancer as a result of negligence, then you might be given treatment for this condition, and this could cause you harm. For example, you could receive medication for a condition you don’t have that then makes you ill.
To determine whether you’re eligible to claim compensation for harm caused when a hospital failed to diagnose cancer, you can speak with a member of our team today. Call us on the number at the bottom of the page.
There are a number of ways that your condition could be misdiagnosed. These include:
- Delayed diagnosis: This is where there’s a delay in coming to the correct diagnosis. For example, this might happen because your doctor forgets to refer you to a specialist or neglect to set up a follow-up appointment despite this being appropriate.
- Misdiagnosis: This is where you’re mistakenly told you have a condition that you do not have because of negligence.
- Missed diagnosis. This is where the condition you’re suffering from is missed completely, and you’re negligently told you don’t have any health complications when you do.
These are some of the ways that a hospital could give an incorrect diagnosis, for more information on the other types of medical negligence, contact our advisors today.
If you’ve received a misdiagnosis of cancer, you could be wondering if you are eligible to make a claim. There is a time limit that applies when it comes to starting a claim for medical negligence.
This is usually 3 years. It can run from the date that the negligence has occurred, or the date you became aware that medical negligence contributed to the harm you experienced. The latter is the “date of knowledge”.
However, a medical misdiagnosis is not enough to lead to a claim. Some errors with a diagnosis may not be the fault of a doctor. In order to gather enough evidence to make a claim for misdiagnosis of cancer, you would need to assess whether:
- You were owed a duty of care by your doctor or the hospital
- The doctor breached their duty of care in misdiagnosing you.
- Your condition worsened or you suffered an injury.
If you can prove that the three criteria above apply, then you could be eligible to make a claim after a hospital has failed to diagnose cancer. Our advisors can offer free legal advice and guidance about how you could proceed with your claim. If they feel you have a valid claim for the harm caused when a hospital failed to diagnose cancer, they can put you in touch with our panel of medical negligence lawyers.
The table we have created uses compensation brackets from the Judicial College. They produce guidelines for compensation based on previously settled claims. The amount in these brackets can be used as a guideline for compensation, and these amounts can vary depending on the severity of the injuries.
The figures come from the 16th edition of the Judicial College Guidelines, which was released in 2022.
|Types of Injury ||Compensation Brackets||Description|
|Lung Cancer||£100,670 to £135,920||Where a young person is seriously disabled, leading to premature death.|
|Lung Cancer||£70,030 to £97,330||Lung cancer in an older person that causes pain and impairs function|
|Asbestos-Related Disease (b)||£70,030 to £97,330||Lung cancer proving fatal in most cases.|
|Post-Traumatic Stress Disorder: Moderately Severe||£23,150 to £59,860||The psychological impact will cause some disability in the future.|
|Loss of natural bowel function and complete loss of bladder control.|
|Complete loss of function and control in the bladder.|
|Where the spleen is lost, resulting in a risk of internal infection because of the impact on the immune system|
|Where there's minimal or non-existent risk of internal infection and disorders|
|Both kidneys are lost or seriously damaged|
|Kidney||Up to £63,980||Total loss of kidney function.|
Special damages are a head of compensation that covers the financial harm you could have suffered as a result of the injuries you sustained because of medical negligence. For example:
- House modifications
- Travel expenses
- Medication or prescriptions
- Loss of earnings
- Childcare costs
You would need evidence to support this head of your claim. This means that items such as receipts or invoices can be used as a form of proof that you have incurred these expenses.
For more information on the kinds of damages that could be included in your claim, get in touch with us today. Our advisor can answer any questions you may have about the claims process if a hospital failed to diagnose cancer as the result of negligence.
If you are considering making a claim for compensation, and are concerned about the costs of using the services of a lawyer, you may be interested in learning more about No Win No Fee agreements.
A Conditional Fee Agreement (CFA) is a form of a No Win No Fee agreement and allows you to start a claim with a solicitor without upfront or ongoing legal fees. You wouldn’t need to pay your lawyer to begin your claim. Instead, you would pay a success fee.
However, if your claim is unsuccessful then you wouldn’t have to pay your lawyer for their services. Furthermore, the success fee that can be owed in the event of a successful claim is subject to a legal cap.
If you believe that you have suffered a cancer misdiagnosis that was caused by medical negligence, you can get in touch with our advisors today. They can provide free guidance and advice, and if they believe your claim will be successful, they can put you in touch with our panel of medical negligence solicitors.
You can get in touch with us in the following ways:
- Telephone us – 0800 652 3087
- Contact us through our website
- Speak with us through our live chat feature
References For Claims Against Hospitals
We have collected a range of internal resources that could be useful for you to read through. They are listed below:
- Misdiagnosed and late-diagnosed bladder cancer
- Wrong medication given in a hospital claims
- Breast cancer negligence claims
Additionally, we have collected some external sources from other websites, providing you with a wide range of information and background of the information we have presented in this guide.
If you need any further advice on making a claim if a hospital failed to diagnose cancer as a result of negligence, then contact us today.
Guide by Lizzie
Edited by Fern