Could I Make A Claim For Ovarian Cancer Misdiagnosis?

This guide examines the eligibility criteria for making a medical negligence claim after an ovarian cancer misdiagnosis. We will explain the duty of care owed by medical professionals to their patients and how failures to uphold this duty can lead to patients experiencing avoidable harm. 

ovarian cancer misdiagnosis

Could I Make A Claim For Ovarian Cancer Misdiagnosis?

We have also provided an overview of the impact that could result from misdiagnosis and the possible value of compensation payouts following a successful medical negligence claim.

Later in our guide, you will find an explanation of the type of No Win No Fee agreement our panel of solicitors could offer and the advantages this presents to you as a claimant.

To get a cost-free assessment of your potential medical misdiagnosis claim or to ask any questions you may have, contact our advisors. You can speak to a team member using the following:

Select A Section

  1. Could I Make A Claim For Ovarian Cancer Misdiagnosis?
  2. Causes Of Ovarian Cancer Misdiagnosis
  3. Evidence Supporting Medical Negligence Claims For Misdiagnosis
  4. Examples Of Ovarian Cancer Misdiagnosis Payouts
  5. Get Help From A No Win No Fee Medical Negligence Solicitor
  6. Learn More About Cancer Misdiagnosis Claims

Could I Make A Claim For Ovarian Cancer Misdiagnosis?

Medical professionals, in both private and public healthcare, owe a duty of care to patients they are administering treatment to. This means they must provide their patients with care that meets the correct standard, and a failure to meet that standard could be seen as a breach of their duty. Breaches of the medical professional’s duty of care could lead to avoidable harm, for which it may be possible to claim medical negligence. 

There are circumstances where it is not possible to avoid causing further illness or injury to a patient, even if the correct standard of care is being given. An example of this would be chemotherapy. A medical professional could correctly diagnose you with ovarian cancer, refer you for further tests and then send you for chemotherapy. This could result in side effects that are an unavoidable consequence of treatment that was necessary to address the cancer.

If the harm would not have occurred had the correct standard of care been given, then a medical negligence claim could be possible. For example, your tests were done incorrectly, resulting in an ovarian cancer misdiagnosis. This allowed the cancer to spread, necessitating a more aggressive treatment plan.

Time Limit

You will need to start the legal proceedings for a medical negligence claim within the limitation period found in the Limitation Act 1980. In most cases, this is 3 years from the date the medical negligence occurred or the date of knowledge where you first connected the avoidable harm you experienced with a medical professional providing substandard care. Exceptions to this limit can apply, and extensions may be granted in some cases.

To learn more about the medical negligence time limit and if any exceptions apply to your particular claim, you can speak to our team using the contact information at the top of this guide.

Causes Of Ovarian Cancer Misdiagnosis

There are a number of circumstances where a breach of a medical professional’s duty of care could result in an ovarian cancer misdiagnosis, such as:

  • A medical professional misdiagnoses you with another illness after failing to listen to all of your symptoms correctly, and therefore does not organise for you to undergo any testing. Because of this, the ovarian cancer spreads to other organs, including the spleen and lungs.
  • You are referred for an ultrasound scan to determine whether you have ovarian cancer but the results are misinterpreted, and consequently, you are diagnosed with a different condition. This results in you receiving the correct diagnosis and treatment much later leading to the need for more aggressive treatment and invasive surgery. 
  • A labelling error in the hospital meant you were diagnosed based on another patient’s results. This meant your cancer was undetected for longer resulting in delayed treatment.

To discuss your specific case and find out whether you’re eligible to seek medical negligence compensation, call an advisor on the number.

Evidence Supporting Medical Negligence Claims For Misdiagnosis

Gathering supporting evidence is an important part of the process when seeking compensation for an ovarian cancer misdiagnosis. Evidence can help show that the harm you suffered was avoidable and caused by the medical professional’s breach of duty. Some possible examples of evidence you could gather include:

  • Medical records detailing the incorrect diagnosis you received originally as well as the ovarian cancer misdiagnosis you were given after.
  • The contact details of any potential witnesses who attended your medical appointments with you. Their statements could be taken at a later date.

The Bolam Test

In some cases, the Bolam Test may be used to assess whether you received the correct standard of care. Medical professionals who are relevantly trained will assess the care you received. The test is not used in every medical negligence claim, and you won’t be organising this yourself. If the Bolam test is used, the findings can be used as evidence for your claim. 

One of the medical negligence solicitors from our panel can provide support in collecting evidence for your case after the assessment of your potential claim. Contact our team to get your circumstances assessed using the contact details provided above.

Examples Of Ovarian Cancer Misdiagnosis Payouts

After a successful ovarian cancer misdiagnosis compensation claim, you will receive a compensation settlement. This could comprise two heads of claim. General damages, the first of the two heads of claim, awards for the physical and psychological pain and suffering resulting from the medical negligence.

In order to calculate the value of general damages, solicitors can refer to your medical documents alongside the Judicial College Guidelines (JCG). The JCG publication details guideline award brackets for various types of harm. We have taken some of these figures and used them to create the below compensation table.

It should be noted that the JCG figures are guideline brackets, not guaranteed amounts, as medical negligence claims are calculated individually. Therefore, we have included this table for guidance purposes only. 

Compensation Table

HarmCompensation AmountDescription
Female Reproductive System£114,900 to £170,280Infertility with sexual dysfunction, pain, scarring and severe depression and anxiety. This may have been caused by either injury or disease.
£43,010 to £102,100Sexual dysfunction which is likely to be permanent in a case of a person with children or a person who would never have had them in any event. The top end of this bracket includes cases with significant complications e.g. multiple surgeries.
£56,080 to £71,350Infertility without sexual dysfunction and no aggravating features in a young person without children.
£17,960 to £36,740Cases where the injured person is infertile without sexual dysfunction or medical complication, and already has children.
£6,610 to £18,680Infertility where the person would not have had children in any event, for example because of their age.
Lung Disease (a)£100,670 to £135,920Cases of serious disability with a probability of progressive worsening and premature death in a young person.
£70,030 to £97,330Lung cancer that results in severe pain and function impairment as well as an impact on quality of life.
Spleen (a)£20,800 to £26,290Loss of spleen where there is a continuing risk of internal infection and disorders because of a compromised immune system.

Special Damages

You could receive a payout for any financial losses you have sustained as a result of the medical negligence. This is awarded under special damages. Some examples of costs that could be compensated under special damages include:

  • A loss of earnings.
  • Costs of travel to and from work.
  • Domestic care costs.
  • The cost of adaptations to your home.

Claiming costs under special damages likewise requires evidence. Retain copies of any travel tickets, receipts, payslips and other documentation that shows you incurred monetary losses.

To get a more detailed estimate of the value of your particular case, you can speak to one of our advisors using the contact information above.

Get Help From A No Win No Fee Medical Negligence Solicitor

After one of our advisors has assessed your ovarian cancer misdiagnosis claim and has found it is valid, you could be connected with a solicitor from our panel. They offer their services in a particular way providing a type of No Win No Fee contract called a Conditional Fee Agreement (CFA).

The benefits of claiming under a CFA are no upfront or ongoing fees for the solicitor’s services. There are likewise no fees to pay for their work if your claim does not succeed.

In the event your claim succeeds, you will be awarded a medical negligence compensation settlement. As payment for the work done on your claim, a solicitor will take a percentage of this compensation. This is the success fee. The percentage that a solicitor can take as this fee is legally capped. This means that you will keep most of your compensation amount.

To get an assessment of your potential claim or to ask any questions you may have, our advisors can help. You can speak to a team member using the following:

Learn More About Cancer Misdiagnosis Claims

See some of our other misdiagnosis guides:

Other resources you may find useful:

Thank you for taking the time to read our guide on when you could claim after being given an ovarian cancer misdiagnosis. To get an assessment of your eligibility to start a claim, get in touch with our team using the contact details above. 

Guide by Harry

Edited by Meg