Cancer Misdiagnosis Claims Guide
Are you wondering whether you could claim compensation following a cancer misdiagnosis? If you suffered unnecessary harm due to a medical professional, either in the public or private healthcare sector, breaching their duty of care towards you, you might be able to make a medical negligence claim.
In this guide, we will explore how your cancer could have been misdiagnosed. Additionally, will discuss the potential evidence you could gather to help support your claim.
However, if you prefer to speak to someone about your specific claim, you can contact one of our friendly advisors. They are available 24/7 and can offer you free legal advice.
Talk with one of our advisors today:
- Call on 0800 652 3087
- Chat with us using the live chat feature.
- You can contact us online.
Select A Section
- What Is Cancer Misdiagnosis Negligence?
- Harm Cancer Misdiagnosis Could Cause
- Proving A Doctor’s Duty Of Care
- Proving Clinical Or Medical Negligence
- Other Evidence To Support Your Claim
- How Long Do You Have To Claim Cancer Misdiagnosis Compensation?
- Calculate What Cancer Misdiagnosis Negligence Is Worth
- No Win No Fee Agreements And Medical Negligence Claims
- Helpful Links
- Cancer Misdiagnosis Negligence FAQs
What Is Cancer Misdiagnosis Negligence?
According to the NHS, cancer is a medical condition where cells grow and reproduce uncontrollably in a specific part of the body. These cancerous cells can take over and destroy healthy tissue in the body, including organs.
In order to be able to make a valid medical negligence claim for your cancer misdiagnosis, you will need to prove that a medical professional breached their duty of care and that, as a result of this, you suffered harm.
For instance, you may have gone to your doctor with concerns about a lump in your breast that hasn’t gone away. The doctor diagnoses it as a swollen lymph node through a physical examination without running any further tests. If you were then later diagnosed with breast cancer, your doctor might be liable for a breast cancer misdiagnosis if it’s shown that their failure to carry out further tests was an example of negligence.
If you are unsure as to whether you have a valid claim, you can contact our advisors today. If your case has a good chance of success, you could be connected with a No Win No Fee solicitor from our panel.
Harm Cancer Misdiagnosis Could Cause
The NHS provide examples of any signs and symptoms that could be indicative of cancer. These can include:
- Chest pain, coughing and breathlessness.
- Unexplained bleeding.
- Lumps forming.
If a healthcare professional, such as a GP or doctor, were to ignore these symptoms and not order any further tests, you could potentially receive a cancer misdiagnosis. Furthermore, if your cancer were to be misdiagnosed, you could suffer repercussions such as:
- Your cancer spreading to other parts of your body.
- More invasive and aggressive treatment that causes further unpleasant symptoms being required.
- Your condition progressing to a point where it is terminal.
If you have suffered harm due to a medical practitioner failing to provide the acceptable level of care required of them, you may be able to make a claim for compensation. Contact our advisors today for further guidance.
Proving A Doctor’s Duty Of Care
Every medical professional owes a duty of care to their patients. According to this duty, they must ensure that all of their patients receive the correct standard of care. This duty is applicable in various medical settings, including hospitals, nursing homes and GP surgeries.
While there is no one piece of legislation that outlines this duty of care, you can find the things that medical experts are expected to do on the relevant regulatory body’s webpage; for example, the General Medical Council outline the duties of a doctor.
If a healthcare professional were to ignore your symptoms and fail to take your concerns seriously, they could potentially be breaching their duty of care to you. Call one of our advisors today for further guidance regarding cancer misdiagnosis claims.
Proving Clinical Or Medical Negligence
As we have stated, in order to make a valid medical negligence claim, you will need to prove the following:
- A healthcare professional owed you a duty of care.
- They breached this duty of care.
- As a result, you suffered harm.
The Bolam Test might be carried out in order to see whether a medical professional’s actions were of an acceptable standard. This is where a group of medical professionals who are trained in the relevant discipline are asked to confirm whether they feel that the care provided was acceptable. If not, then you could be awarded compensation.
If you have received a cancer misdiagnosis and are wondering whether you are eligible to make a claim, contact our advisors today.
Other Evidence To Support Your Claim
Evidence is crucial when making a successful medical negligence claim. Some of the potential evidence you could collect to help support your claim could include:
- Medical records detailing your appointments and symptoms. This could include your cancer misdiagnosis.
- Updated medical records stating your cancer diagnosis and the harm you have suffered.
- Correspondence with the medical institution responsible for the medical negligence if a complaint has been made.
For further guidance on the potential evidence you could supply to help you towards a successful claim, contact our advisors.
How Long Do You Have To Claim Cancer Misdiagnosis Compensation?
There are time limits you must adhere to when making a claim for compensation. Generally, these are:
- 3 years from the date medical negligence occurred; or
- 3 years from the date you realised the harm you suffered was caused by medical negligence.
However, in certain circumstances, exceptions to these limits might apply. For example:
- If you are a minor, you will have 3 years to start your claim once you turn 18 if one has not already been made.
- If the person lacks the mental capacity to make a claim, they will have 3 years to start their claim if they regain this capacity, provided a claim has not already been made.
Alternatively, for people who lack mental capacity and minors, a litigation friend could pursue a claim on their behalf and the time limit for doing so is suspended. A litigation friend is someone who claims on behalf of someone who cannot and could potentially be a parent, partner or friend.
To find out whether you are still within the time limit to make a claim for harm caused by negligent cancer misdiagnosis, contact our advisors today.
Calculate What Cancer Misdiagnosis Negligence Is Worth
Following a successful medical negligence claim, your compensation may consist of special and general damages.
Special damages will compensate you for the financial losses you have suffered due to the harm caused by medical negligence. For example, if you had to pay for private medical treatments, then these could be reimbursed through special damages. Providing evidence of these losses could help support your claim; proof could include invoices or bank statements.
General damages will compensate you for the pain and suffering that the harm caused by medical negligence has resulted in. Again, providing evidence of this suffering, such as your medical records, could help support your claim.
Using the compensation figures listed in the 16th edition of the Judicial College Guidelines (JCG), we have created the following table. Many solicitors use the JCG to help them value claims, which is why we have used this document when creating this table.
The amount you receive if your claim is a success will depend on your specific claim, so you should only use this table as a guide.
| Injury | Description | Amount |
|---|---|---|
| Kidney | (a) Permanent and serious damage to both kidneys. Or both kidneys are lost. | £169,400 to £210,400 |
| Kidney | (c) One kidney is lost, however the other suffers no damage. | £30,770 to £44,880 |
| Bowels | (a) Total loss of urinary and bowel function along with other medical complications. | Up to £184,200 |
| Bowels | (b) The injured person may depend on a colostomy due to the total loss of the bowels natural function. | Up to £150,110 |
| Reproductive System: Female | (a) Disease or injury causes infertility. This can also cause severe anxiety and depression with scarring and pain. | £114,900 to £170,280 |
| Reproductive System: Male | (a) A total loss of the male reproductive organs. | In excess of £153,870 |
| Bladder | (b) A complete loss of the control and function of the bladder. | Up to £140,660 |
| Lung disease | (b) Lung cancer that causes severe pain and affects quality of life. | £70,030 to £97,330 |
| Digestive System | (a)(i) Severe damage to the digestive system. This causes ongoing pain and discomfort. | £43,010 to £61,910 |
| Mental anguish | The person will have a fear of impending death or having a reduced life expectancy. | £4,670 |
Call our advisors today to find out whether you could claim compensation for the misdiagnosis of cancer. If you do have a valid case, you could be connected with a lawyer from our panel.
No Win No Fee Cancer Misdiagnosis Negligence Compensation
If are considering making a claim following your cancer misdiagnosis, you may want legal representation. If so, an experienced medical negligence solicitor from our panel could potentially take on your claim on a No Win No Fee basis.
There are various types of No Win No Fee agreements, for example, a Conditional Fee Agreement; furthermore, there are many benefits to making a claim with this type of arrangement in place. For example, you will not be expected to pay your solicitor for their services if the claim is unsuccessful.
If you win your claim, you will pay your solicitor a legally capped success fee from your compensation. These agreements have the added advantage of meaning you don’t pay anything upfront or as the claim progresses.
If you have any questions regarding No Win No Fee agreements or about starting a medical negligence claim, you can contact our advisors. Our friendly team can offer you free legal advice concerning your potential claim. They are available to help you 24/7.
Talk with one of our advisors today:
- Call on 0800 652 3087
- Chat with us using the live chat feature
- Contact us online
Helpful Links
For more articles by us about medical negligence claims:
- Birth injury claims – medical negligence claims.
- Dental negligence compensation claims.
- Can you sue for the misdiagnosis of cancer?
Or, if you are looking for further resources:
- Cancer Research UK – General cancer information.
- Department of Health & Social Care – NHS complaints guide.
- General Medical Council (GMC) – Patient guides and materials.
Cancer Misdiagnosis Negligence FAQs
Please find the answers to some questions we’re commonly asked regarding medical negligence claims.
How long could it take to get compensation?
The length of time a claim takes to resolve can depend on factors such as whether the defendant admits liability and how much further evidence is required to support your claim.
Can you claim for fatal medical negligence?
If a medical professional breached their duty of care and this negligence caused someone to die, certain parties could claim on behalf of the deceased.
Why start a cancer misdiagnosis claim?
A misdiagnosis of cancer could have a great impact on your quality of life. You could be reimbursed both for the pain and suffering that this has caused and the financial impact it has had.
Contact our advisors today to see whether you could make a valid medical negligence claim for your cancer misdiagnosis.
Guide by Megan
Published by Fern