Was your cancer misdiagnosed as adenomyosis due to a medical professional breaching their duty of care? Have you experienced avoidable harm as a result? If so, you might wonder whether you’re eligible to begin a medical negligence claim. This guide explores when you could have valid grounds to seek compensation following a negligent misdiagnosis.
Could I Make A Claim For Cancer Misdiagnosed As Adenomyosis?
We look at in what circumstances your medical negligence claim is eligible, along with examples of how medical negligence could occur.
We then list the best evidence to collect to prove medical negligence. Moreover, we explain what factors contribute to a compensation evaluation if a claim is successful.
As you reach the end of this guide, we tell you the main benefits of our No Win No Fee solicitors, describing the way in which they work and how that can help you throughout the claims process.
Continue reading to learn more about medical misdiagnosis claims. You can confirm whether you have an eligible case by contacting us. Our lines are free of charge and open 24/7. So why not get in touch using the contact details below:
- Call 0800 652 3087.
- Put your details in our ‘Claim Online‘ form.
- Chat via our live support feature.
Browse Our Guide
- Could I Make A Claim For Cancer Misdiagnosed As Adenomyosis?
- Could Cancer Be Misdiagnosed As Adenomyosis?
- What Evidence Could Help Me Prove My Cancer Was Misdiagnosed?
- How Much Could I Claim If My Cancer Was Misdiagnosed As Adenomyosis?
- No Win No Fee Cancer Misdiagnosis Claims
- Further Cancer Misdiagnosis Claim Resources
Could I Make A Claim For Cancer Misdiagnosed As Adenomyosis?
All medical practitioners owe a duty of care to their patients, which requires providing care that does not fall below the correct standard. If their care does not meet the minimum standard expected of them and a patient suffers avoidable harm because of this, this could constitute medical negligence.
The eligibility criteria for medical negligence claims is:
- A duty of care was owed to you by medical professionals.
- They breached this duty of care.
- You suffered avoidable harm as a result of this breach.
As such, you must show your case meets these criteria in order to have valid grounds to claim for cancer misdiagnosed as adenomyosis.
Time Limits On Claims For Cancer Misdiagnosis
According to the Limitation Act 1980, claimants have 3 years to start their medical negligence claim. This time limit commences from either the date medical negligence occurred or the date you realised medical negligence occurred.
However, there are a couple of instances where the time limit will be paused for the claimant. This is when they are under 18 years old or lack the mental capacity to make a claim for themselves.
If you contact us, we can assess your claim and help you understand whether you’re eligible to seek medical negligence compensation and tell you how long you have to do so.
Could Cancer Be Misdiagnosed As Adenomyosis?
A delay in the correct diagnosis and treatment of cancer can mean that your condition can progress and get unnecessarily worse. You may need more intense treatment, the cancer may spread, or wrongful death can occur in the most serious cases.
Here are examples of how cancer could be misdiagnosed as adenomyosis:
- Your doctor did not perform an ultrasound scan correctly. Therefore, they did not identify your cancer tumour and misdiagnosed you.
- The hospital mixed up your medical records with another patient, meaning you received the wrong diagnosis.
- A doctor failed to listen to all your symptoms and didn’t refer you for further tests, instead diagnosing you with the wrong condition.
Adenomyosis, according to the NHS, is a condition that involves the lining of the womb growing into the muscle in the wall of the womb. Symptoms include pelvic pain, painful periods, and bloating. Different cancers have similar symptoms, including womb cancer, cervical cancer, and ovarian cancer. If these are misdiagnosed, it could lead to the cancer spreading to other organs, such as the lungs and spleen.
Call us today and discuss your specific cancer misdiagnosis to understand whether you can seek compensation for the impact of having a negligent wrong diagnosis.
What Evidence Could Help Me Prove My Cancer Was Misdiagnosed?
It is essential to prove that medical negligence happened in order to claim compensation. Examples of the evidence you could gather to prove this include:
- Contact information from any witnesses who attended your medical appointments with you.
- Copies of medical reports showing the initial diagnosis you received and then the correct diagnosis you were later given.
- A diary of your symptoms and treatment.
If you appointed one of our expert medical negligence solicitors to work your case, they can help you with collecting evidence. Get in touch to learn more about how they can help and whether they could represent you.
How Much Could I Claim If My Cancer Was Misdiagnosed As Adenomyosis?
If your cancer was misdiagnosed as adenomyosis and your medical negligence claim is successful, you may receive up to two heads of loss.
If a claim is successful, general damages will always be given. General damages compensate for the psychological and physical effects of medical negligence. The aspects that are considered when determining this award involve:
- How long it will take for you to make a full recovery.
- How your quality of life changes.
- Your future prognosis.
When your award for general damages is being determined, the Judicial College Guidelines (JCG) and an individual medical assessment will be referred to. The JCG documents different types of injuries and illnesses alongside guideline compensation brackets.
Injuries Table
Apart from the top entry, the table below contains figures taken from the JCG. Since these figures are guidelines only, you should not use them as a guarantee of what you will receive.
| Injury | Severity | Comments | Guideline Compensation Brackets |
|---|---|---|---|
| Multiple serious illnesses and injuries with financial losses | Serious | Compensation can be awarded for the physical and psychological impacts of the negligent misdiagnosis as well the financial losses incurred as a result, such as care costs, medical costs, and financial losses. | Up to £1,000,000+ |
| Female reproductive system | Infertility caused by injury or disease | There is sexual dysfunction, severe depression and anxiety, as well as scarring and pain. | £114,900 to £170,280 |
| Permanent sexual dysfunction | Cases where the person has children or would not have had children in any event. | £43,010 to £102,100 | |
| Infertility but with no aggravating features | With no sexual dysfunction, in a young person with no children. | £56,080 to £71,350 | |
| Infertility but with no medical complications | With no sexual dysfunction, where the person already has children. | £17,960 to £36,740 | |
| Lung | Serious | Cases involving a young person who has a serious disability. There is a likelihood of the condition getting worse and resulting in an early death. | £100,670 to £135,920 |
| Cancer | The person suffers pain and function impairment of a severe nature. There is also an impairment on the person's life quality. | £70,030 to £97,330 | |
| Spleen | Complete Loss | Spleen is lost leading to an ongoing risk of internal infection as well as other disorders because of damage to the immune system. | £20,800 to £26,290 |
Special Damages
If a claim is successful, special damages could also be awarded as part of your overall settlement. Special damages compensate for the money you have lost because of medical negligence. The expenses for which you could be reimbursed include:
- Lost wages from needing time off work for recovery.
- Medication costs if you get any painkillers over the counter.
- Counselling costs.
It is essential that any receipts, payslips, invoices, and bank statements that show your expenses are kept hold of.
You can enquire with us about what factors are considered when compensation is being valued in successful medical negligence claims.
No Win No Fee Cancer Misdiagnosis Claims
If you are looking to make a medical negligence claim with a solicitor after your cancer was misdiagnosed as adenomyosis, we could help. If you have an eligible claim, our expert solicitors can offer you a Conditional Fee Agreement (CFA) which is a type of No Win No Fee contract.
If you are being represented under a CFA, you will not have to pay any fees before or during your claims process for your solicitor’s services. What’s more, you also don’t have to pay their service fees if your claim is unsuccessful.
If your claim is successful, on the other hand, your solicitor will take a success fee from your compensation before it is given to you. Success fees are a percentage of your compensation which are capped by law to ensure you always get the larger part of your compensation.
Contact Us
Don’t hesitate to contact us today. We can give you a free case evaluation and look to see whether we can connect you with a No Win No Fee solicitor with experience handling cancer misdiagnosis claims.
To reach out, you can:
- Call 0800 652 3087.
- Put your details in our ‘Claim Online‘ form.
- Chat in our live support feature.
Further Cancer Misdiagnosis Resources
For more guidance on medical negligence claims:
- Read this guide if you are looking to make a medical negligence claim against a private healthcare company specifically.
- Here is more information on the failure to diagnose cancer settlements if you are looking to make a medical negligence claim.
- If your cancer misdiagnosis has caused your cancer to spread to your bowels, read this guide on negligent bowel cancer claims for your avoidable harm.
Resources from external sites:
- GOV.UK: Information on the NHS Constitution for England.
- Royal College of Nursing (RCN): An overview of a nurse’s duty of care.
- General Medical Council (GMC): A guide on good medical practice for doctors.
Thank you for taking the time to read our guide on whether you can make a claim for medical negligence if your cancer has been misdiagnosed as adenomyosis.