A Complete Guide To Head And Neck Cancer Misdiagnosis Claims

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Head And Neck Cancer Misdiagnosis Compensation Claims

Sometimes medical negligence can lead to head and neck cancer misdiagnosis. With all types of cancer, getting an early diagnosis can be vital. The earlier that doctors diagnose cancer, the easier it can be to treat.

head and neck cancer misdiagnosis

A guide to claiming after a head and neck cancer misdiagnosis

If a doctor misdiagnoses your head or neck cancer, you might feel devastated, especially if the negligence delayed your cancer treatment, causing you harm. Fortunately, you may be eligible to claim compensation if a doctor misdiagnoses your head or neck cancer because of medical negligence.

This guide will explain the circumstances in which you could claim compensation for a neck or head cancer misdiagnosis. We have also included a compensation table so you can look up what the settlement for a cancer misdiagnosis could be.

If you are eligible to claim compensation, our panel of experienced solicitors could help and make sure you get the compensation you deserve.

To see if you can begin your claim, please call our advisors on 0800 652 3087. Or contact us via our website.

Select A Section

  1. What Are Head And Neck Cancer?
  2. Types Of Head And Neck Cancer
  3. Symptoms And Risk Factors
  4. Can You Claim For Head And Neck Cancer Misdiagnosis?
  5. Head And Neck Cancer Misdiagnosis Compensation Claims
  6. Get Help With Your Head And Neck Cancer Misdiagnosis Claim

What Are Head And Neck Cancer?

Head and neck cancers are malignant tumours that develop in parts of the head or the neck. We will use the terms head and neck cancer interchangeably throughout this guide. Head and neck cancers are not too common. In fact, doctors diagnose around 12,400 new cases every year.

Medical professionals do not generally define these cancers as head or neck cancer:

  • Brain tumours
  • Cancer of the eye
  • Oesophageal (gullet) cancer
  • Thyroid cancer

What Is Medical Negligence?

Medical negligence is the substandard care of a healthcare professional. It is a breach of the duty of care the medical professional owes a patient. You can also use the term clinical negligence.

Medical negligence can lead to head and neck cancer misdiagnosis. For example, a patient who has the symptoms of head cancer may visit their GP. The GP may fail to notice the clear symptoms of cancer through their own negligence. This substandard care could be considered GP negligence. Subsequently, medical negligence can delay the diagnosis and treatment of the patient’s cancer. So the patient’s cancer may worsen unnecessarily. If that happens,  the patient could claim.

Types Of Head And Neck Cancer

Cancer can develop in more than 30 areas of the head and neck. This includes the:

  • area at the back of the nose and mouth (nasopharynx)
  • sinuses and nose
  • lips and mouth
  • salivary glands
  • throat (pharynx)
  • voice box (larynx)

Cancer Research UK has published these statistics to help us understand how common head and neck cancers are in the UK:

  • From 2016 to 2018, there were, on average, 12,422 new cases of head and neck cancer diagnosed each year.
  • From 2017 to 2019, there were 4,143 deaths from head or neck cancer.
  • Between 19% to 59% of head or neck cancer patients survive the disease by ten or more years—results for England, from 2009 to 2013.
  • Between 46% and 88% of head and neck cancers are preventable.

Symptoms And Risk Factors

A large number of cancers are defined as head and neck cancers. Therefore, symptoms can vary depending on the type of cancer the patient has. However, here are some symptoms you may experience if you have neck cancer or head cancer:

  • Swelling along the jawline and in the throat
  • You find it difficult to breathe normally
  • Difficulty swallowing
  • Nosebleeds
  • Unexplained lumps in the mouth

It’s important to get medical advice if you believe you have head or neck cancer. we can’t help you with healthcare information, but we can help i you have a valid claim.

Risk Factors

As we have mentioned, many head or neck cancers are preventable. According to Macmillan Cancer Support, the following characteristics or behaviours put people at a higher risk of developing the disease:

  • Smoking
  • High alcohol consumption
  • Poor oral health
  • Suffering from the HPV virus
  • Suffering from the Epstein-Barr virus

Can You Claim For Head And Neck Cancer Misdiagnosis?

To claim head and neck cancer misdiagnosis compensation, you would need to prove that medical negligence has taken place.

You should be able to claim compensation if your case meets the following criteria:

  • You were the patient of a doctor or medical professional. Therefore the medical professional owed you a duty of care.
  • The medical professional provided you with substandard medical care. In turn, the substandard care led to the misdiagnosis of your cancer.
  • Consequently, the cancer misdiagnosis harmed you.

In addition, you must begin your claim within the medical negligence claims time limit. Normally there is a three-year time limit to begin a medical negligence claim. However, there are sometimes exceptions to this rule. Please get in touch with us to discuss how long you might have to make a clinical negligence claim.

Head And Neck Cancer Misdiagnosis Compensation Claims

You can receive up to two types of compensation for head and neck cancer misdiagnosis:

  1. General damages, which compensate you for any mental or physical injuries incurred.
  2. Special damages, which reimburse you for the costs associated with your injuries.

You can use the below table as a compensation calculator to estimate what your claim may be worth in terms of general damages. However, we have not included special damages compensation payments in the table. Solicitors use guidelines from the Judicial College to help them value medical negligence claims. So, we have used the 16th edition guidelines (April 2022) to create the compensation amounts in the table.

What Injury Was SufferedCompensationAbout This Injury
Severe Neck Injury (i)In the region of £148,330A neck injury which could result in a permanent spastic quadriparesis or an injury where the person has little to no neck movement. They will also have severe headaches and may suffer incomplete paraplegia.
Severe Neck Injury (ii)£65,740 to £130,930Injuries such as those affecting the discs in the cervical spine. The injury could cause the person to suffer a disability.
Severe Neck Injury (iii)£45,470 to £55,990The injury could involve severe degrees of damage to the soft tissue. The person could suffer from a permanent and significant disability.
Moderate Neck Injury (ii)£12,900 to £23,460A soft tissue injury which could lead to the person suffering a cervical spondylosis.
Minor Neck Injury (i)£4,350 to £7,890The person should have recovered in around 1 - 2 years or has an existing condition which has been made worse.
Minor Neck Injury (ii)£2,450 to £4,350The person should have recovered in around 3 - 12 months. The injury could have exacerbated an existing condition.
Minor Neck Injury (iii)Up to £2,450The person has fully recovered from the injury in 3 months.
Mental Anguish£4,670Fear of oncoming death or a reduction of life.
Moderate - Psychiatric Injury£5,500 to £17,900By the time the case comes to a trial a marked improvement in symptoms has been made.
Less Severe - Psychiatric Injury£1,540 to £5,860Damages are based on what symptoms were suffered, how long these affected the claimant and how severe they were.

Please note that the contents of the table are advisory only. If your compensation claim is successful, your settlement may vary from what the table suggests. Please call our claims helpline, and an advisor can help you estimate what your claim could be worth.

Get Help With Your Head And Neck Cancer Misdiagnosis Claim

If the misdiagnosis of head or neck cancer harmed you, you may be eligible to claim compensation. To see if you can begin your claim, please get in touch with us today.

If a solicitor from our panel takes on your case, you will have the option to make a No Win No Fee claim. Traditionally when you claim compensation, you may pay a solicitor’s fee upfront. However, with a No Win No Fee claim, you wouldn’t have to do this – you would pay a success fee if you win your claim. So, the financial risk involved in funding the services of a solicitor is reduced. You pay the success fee after winning, so you don’t have to worry about funding your claim upfront.

There are many advantages to making a No Win No Fee claim. For many claimants, it’s the more affordable option for using the services of a solicitor, as the compensation is deducted from your payout at a legally capped percentage. What’s more, you can claim in confidence because a No Win No Fee solicitor should only take on a cancer misdiagnosis claim if there is ample chance of you winning.

To see if you can begin your No Win No Fee medical negligence claim, please get in touch with us today:

  • Call our compensation claims helpline on 0800 652 3087
  • Alternatively, see if you can begin your claim online
  • Or you can speak to an advisor using our chat widget

Resources

We have more online resources about making a clinical negligence claim.

Medical Misdiagnosis Compensation Claims

NHS Hospital Negligence Compensation Claims

What Legal Advice Against The NHS May I Need To Claim Compensation?

An NHS guide to mouth cancer

The NHS Constitution for England

Help from the NHS on quitting smoking

Thank you for reading our guide to claiming compensation for head and neck cancer misdiagnosis. Get in touch if you have any questions.

Writer Hana Clarke

Publisher Ruth Vero