Are you wondering, “my GP missed my cancer symptoms, can I claim compensation?”. If so, then you may find this guide helpful.
A failure to diagnose cancer in time can lead to the condition worsening and more intense treatment being required. In some cases, it might progress to the point where it can no longer be treated.
My GP missed my cancer symptoms
The way settlements are valued is explored in this guide. There’s also information on gathering evidence to support your claim, and how a misdiagnosis could occur.
Furthermore, we will explain the advantages of using an accident at work solicitor when making a claim. You could benefit from the services of a No Win No Fee lawyer, which will be explained in more depth.
If you have any questions, please reach out to our advisors. They’re available 24/7. Use the details below to get in touch:
- Call on 0800 073 8804
- Talk about your claim online
- Use the live chat box in the corner of the screen
Select A Section
- Can I Claim If My GP Missed My Cancer Symptoms?
- Why May A GP Have Missed My Cancer Symptoms?
- How To Prove A GP Acted Negligently
- What Could I Claim If My GP Missed My Cancer Symptoms?
- Why Choose A No Win No Fee Cancer Misdiagnosis Lawyer?
- Learn More About Cancer Misdiagnosis Claims
Can I Claim If A My GP Missed My Cancer Symptoms
For those wondering, “my GP missed my cancer symptoms, can I claim?”, there is a set of criteria that must be met in order to make you eligible for compensation.
- Were you owed a duty of care? – You need to have been owed a duty of care. All medical professionals, including your GP, owe this duty to their patients. This means that the care they provide cannot fall below a certain standard.
- Was the duty breached? – If your GP breaches this duty, this means the care they offered you fell below the required standard.
- Was your health affected? – A duty of care breach by a medical professional that causes you harm is known as medical negligence.
Not all examples of errors with a diagnosis are examples of medical negligence. For example, your GP may fail to refer you for diagnostic tests because your symptoms aren’t typical of the kind of cancer you’re suffering from.
If your GP missed your cancer symptoms and you want to know if you’re eligible for compensation, get in touch with our advisors today.
Time Limit
When making a clinical negligence claim against a GP, you have 3 years to begin the process. This time limit can be found in The Limitation Act 1980. However, there are exceptions to this time limit.
- Child claims – Anyone under 18 cannot make their own claim. However, a litigation friend can be appointed to claim on their behalf while they’re underage, and no time limit applies. Once they turn 18, they have 3 years in which to claim if this has not already been done.
- Those who lack the mental capacity to claim – If this is the case, a litigation friend can also be appointed. The time limit would only apply if the injured party became able to make their own claim; otherwise, it’s indefinitely suspended.
If you have experienced a misdiagnosis of cancer and you want to know if you’re eligible to claim, reach out today.
Why May A GP Have Missed My Cancer Symptoms
There can be various reasons a cancer misdiagnosis could occur. We’ve included a few illustrative scenarios below.
- Failure to refer for testing – Additional testing is required to diagnose cancer; this will not be done by your GP, but they may need to refer you to a hospital or a specialist cancer centre for a biopsy, scan or another kind of test. A failure to do so could result in a misdiagnosis or a delayed diagnosis.
- Incorrect patient information – Your GP may make a referral to a specialist for testing, but they put the wrong patient information down. This means that you don’t receive notice of your referral and don’t attend it as a result.
- Failure to consider medical history. You may have symptoms that could indicate cancer as well as another medical condition. You tell your GP that you have a family history of this kind of cancer, but they fail to take this into account and instead diagnose you with another condition.
If your GP missed your cancer symptoms and you experienced avoidable suffering as a result, you may be eligible to make a claim. Get in touch with our advisors today for more information on receiving a settlement due to a cancer misdiagnosis or delayed diagnosis.
How To Prove A GP Acted Negligently
Proof is an important factor in any medical negligence claim, and it can be used to demonstrate both that negligence occurred and the extent to which you were affected by this.
Below, we’ve included some examples of evidence you could obtain. However, as every claim is unique, your case might require different kinds of proof.
- Medical evidence – Your medical records should contain information pertaining to consultations and treatments. You have the right to request these records at any time.
- The Bolam Test – This is when other medical professionals are consulted regarding the actions of your GP. They offer their expertise and weigh in on whether the GP in question acted accordingly. You won’t be expected to arrange this yourself, but it could be done for you as part of the claims process.
- Independent medical assessment – This is something that you will be invited to as part of the process of claiming. A medical professional will assess you and how your health has been impacted by the substandard care you received. This can also assist with the valuation of your settlement.
You can speak to our advisors today if you want more examples of proof of medical negligence you could gather. Furthermore, they could connect you with a lawyer from our panel if your case is valid.
What Could I Claim If My GP Missed My Cancer Symptoms
The answer to the question, “how much could a medical negligence claim be worth after my GP missed my cancer symptoms?” depends on your circumstances. Each claim is valued individually. Your settlement can be divided into two heads of claim.
- General damages – To address your pain and suffering.
- Special damages – To reimburse you for the financial impact of the harm you’ve experienced.
When legal professionals calculate your general damages, they refer to medical evidence as well as a publication called the Judicial College Guidelines (JCG). The JCG is comprised of figures based on successful court cases. We’ve included some figures below that have been taken from the 2022 edition of the JCG – this is when it was most recently reviewed.
The amounts shown should only be used as a guide. Your own claim needs to be assessed before a bespoke figure can be calculated. In other words, we can’t provide you with the average settlement for a cancer misdiagnosis as your circumstances need to be taken into account. For instance, brain cancer may affect someone’s quality of life differently than colon cancer, which would be reflected in the settlement value.
Examples From The JCG
| Injury | Description | Amount |
|---|---|---|
| Kidney | (H) (a) Permanent, serious damage to, or loss of, both kidneys. | £169,400 to £210,400 |
| Kidney | (H) (c) One kidney will not be damaged, but the other is lost. | £30,770 to £44,880 |
| Female reproduction system | (F) Infertility with sexual dysfunction, along with other factors such as anxiety and depression. | £114,900 to £170,280 |
| Female reproduction system | (F) Likely permanent sexual dysfunction, but where the person would not have had children. | £43,010 to £102,100 |
| Female reproduction system | (F) Infertility where there is no sexual dysfunction. Often for a young person without children. | £56,080 to £71,350 |
| Bladder | (J) (b) Function and control are completely lost. | Up to £140,660 |
| Bladder | (J) (b) Almost a complete recovery, but there will remain some lasting interference with natural function. | £23,410 to £31,310 |
| Lung | (B) (b) Cancer with severe impairment of function and quality of life, along with severe pain. | £70,030 to £97,330 |
| Spleen | (K) (a) Loss, with an ongoing internal infection risk and damage to the immune system. | £20,800 to £26,290 |
| Spleen | (K) (b) There risks above are minimal or not present. | £4,350 to £8,640 |
Special damages can cover various financial costs and losses caused by your cancer misdiagnosis. Examples can include:
- Loss of earnings
- Medical expenses
- Travel costs
- Additional care at home
For more examples and information on special damages and how to make a claim, get in touch with our advisors today.
Why Choose A No Win No Fee Cancer Misdiagnosis Lawyer?
All of the solicitors on our panel work under a form of No Win No Fee deal called a Conditional Fee Agreement (CFA). A CFA is a way of accessing the services of a lawyer without paying upfront.
When working with a No Win No Fee solicitor, they take a legally capped percentage from your settlement as their payment in the event of a successful claim. However, if your claim isn’t a success, they don’t take this fee. Furthermore, they won’t ask you to pay as the claim progresses.
Speak To A Member Of Our Team
Get in touch today. Our advisors can answer any questions you may have regarding your claim. If they deem your claim valid, they could connect you with a No Win No Fee solicitor from our panel.
- Call on 0800 073 8804
- Talk about your claim online
- Use the live-chat box in the corner of the screen
Learn More About Cancer Misdiagnosis Claims
We hope that this guide on claiming if your GP missed your cancer symptoms due to negligence has been useful. Below, we’ve included some links to other helpful resources.
More of our guides:
- Claiming for a misdiagnosis of head and neck cancer.
- Breast cancer negligence claims.
- Misdiagnosed bowel cancer claims.
Information from other sources:
- A general guide from the NHS on the subject of cancer.
- Information on cancer symptoms from Cancer Research UK
- Cancer symptom guidance from Macmillan
Guide by Daniel
Edited by Fern