Learn If You Could Claim For The Misdiagnosis Of Lung Cancer

By Stephen Lambert. Last Updated 1st August 2024. Misdiagnosis of lung cancer can have serious and potentially fatal results. When cancer is left undiagnosed, this presents an opportunity for it to worsen, spread throughout the body, and possibly become resistant to treatment.

If your lung cancer has been misdiagnosed and you have suffered as a result, you may wish to make a claim for compensation. In this article, we’ll explain what medical negligence is, who could make a claim, and how a No Win No Fee solicitor could help you. 

Contact our advisors to start your claim today by:

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Select A Section

  1. Can You Claim For The Misdiagnosis Of Lung Cancer?
  2. How Could Lung Cancer Be Misdiagnosed?
  3. How Could A Lung Cancer Misdiagnosis Impact You?
  4. How Much Compensation Could I Claim For The Misdiagnosis Of Lung Cancer?
  5. Lung Cancer Misdiagnosis Claims With A No Win No Fee Solicitor

Can You Claim For The Misdiagnosis Of Lung Cancer?

When lung cancer is left undiagnosed, this can present the opportunity to metastasize. This means the cancer is able to spread from the lungs throughout the body. Oftentimes, this can cause treatment to become less effective. 

However, to make a claim, the harm done to you must be a result of medical negligence. Sometimes misdiagnosis is unavoidable; for example, if your symptoms do not present as lung cancer. In these cases, you may not be able to make a claim, as no negligence is involved. 

All actions taken by medical professionals must meet a minimum standard of care, as outlined by the General Medical Council (GMC). When this standard is not met, they are in breach of their duty of care, and you could be eligible to make a compensation claim if the negligence causes you harm or worsens your suffering.

To find out if you have a valid misdiagnosed cancer claim, contact our team of advisors today.  

Can You Still Claim If You Smoked?

The links between smoking and lung cancer are well known, but they do not affect your right to make a claim for compensation. You can start a claim for misdiagnosis of cancer due to medical negligence regardless of your past or present smoking status. 

How Could Lung Cancer Be Misdiagnosed?

As we mentioned earlier, not all cases of lung cancer misdiagnosis form the basis of a successful claim. To make a claim, you must be able to prove that the harm you suffered was a result of medical negligence. Some examples of how negligence can contribute to lung cancer misdiagnosis include:

  • Failure to refer: If a medical professional notices symptoms of cancer, or if your test results come back showing signs of potential lung cancer, your doctor or GP must refer you to see a specialist. If they fail to do this, and your condition worsens as a result, they could be in breach of their duty of care.
  • Lost patient notes: Clerical errors can also contribute to medical negligence. If your test results or other patient notes are lost, this could result in a misdiagnosis. 
  • Misreading test results: If your scans or biopsies show the presence of cancerous cells but a medical professional fails to identify this, resulting in your condition worsening, they could be found negligent.

To learn more about how medical negligence can contribute to misdiagnosed and late-diagnosed cancer, contact our expert team today.

How Could A Lung Cancer Misdiagnosis Impact You?

Misdiagnosis of lung cancer can have an impact that lasts beyond the initial act of negligence, and this impact can affect the compensation you receive. Some examples of the lasting results of lung cancer misdiagnosis include the below. 

  • Worsening condition: If your cancer is misdiagnosed, this could lead to delayed treatment. This lag could cause your condition to deteriorate, and you may experience worsening symptoms such as shortness of breath, chest pains, and coughing. 
  • Invasive surgeries: Failure to diagnose cancer can lead to more invasive surgeries than you might have had if your cancer was diagnosed earlier. For example, multiple biopsies or exploratory surgeries may be necessary when they might not have been before.
  • Reduced life expectancy: In some cases, the delayed diagnosis presents enough time for lung cancer to metastasize. This can then reduce the effectiveness of treatments like surgeries and radiation therapy, which in turn can reduce life expectancy. 

Our team of advisors can offer free legal advice surrounding your medical negligence claim when you get in touch today.

How Much Compensation Could I Claim For The Misdiagnosis Of Lung Cancer?

If your claim succeeds, you will receive general damages. This will cover the suffering and pain you experience as a result of your injuries or illness. Solicitors often use a document called the Judicial College Guidelines (JCG) to estimate how much a potential claim could be worth, as the JCG provides a list of injuries beside potential compensation brackets. You can find some examples of these brackets in the table below.

Injury TypeNotesCompensation Bracket
Multiple Serious Injuries/Illnesses And Special DamagesIf you are eligible to claim for multiple illnesses or injuries, including a lung disease, then you may receive a payout that covers all of these as well as related special damages, such as the cost of required home care.Up to £250,000+
Lung Disease (a)Causing serious disability, with a probability of worsening leading to death in a young person.£122,850 to £165,860
Lung Disease (b)Lung cancer in an older person causing severe impairment to function of life and pain.£85,460 to £118,790
Lung Disease (d)Breathing difficulties that require frequent use of an inhaler.£38,210 to £66,920
Lung Disease (e)Wheezing that doesn't cause serious symptoms.£25,380 to £38,210
Lung Disease (f)Some breathlessness but no impact on working life.£12,990 to £25,380
Moderately Severe Psychiatric DamageSignificant problems coping with education, life and work, but with an optimistic prognosis.£23,270 to £66,920
Moderate Psychiatric DamageSome problems coping with work, education and life, but with improvement by trial and a good prognosis.£7,150 to £23,270
Moderately Severe PTSDCases where some recovery is possible, but effects may continue to be disabling.£28,250 to £73,050
Moderate PTSDCases of large recovery with no grossly disabling continuing effects.£9,980 to £28,250

Special damages is the head of claim that covers any financial losses you incur as a result of your injuries. However, you must be able to provide proof of these losses to claim. For example, you could claim back the money you spend travelling to and from hospital appointments if you keep proof of your fares. 

Contact our team of advisors today to find out how much your medical negligence claim could be worth.

Lung Cancer Misdiagnosis Claims With A No Win No Fee Solicitor

If you have valid grounds to claim for the misdiagnosis of lung cancer, then our advisors could put you in touch with one of our No Win No Fee solicitors. They can support medical negligence claims under what’s called a Conditional Fee Agreement (CFA).

Claiming under a CFA means you won’t be required to pay your solicitor for their services before your lung cancer misdiagnosis claim has begun or while it is still being processed. Also, you normally aren’t required to pay your solicitor for their work if the misdiagnosis claim goes ahead but fails.

If your medical negligence claim is successful, then your solicitor will receive what is often called a success fee. This means they take a small percentage of the compensation awarded for your claim. There’s a legal cap on the percentage that your solicitor can take, ensuring that you’ll always keep most of the compensation.

Contact our advisors for free today to learn more about making a medical misdiagnosis claim with a No Win No Fee solicitor. Our team are happy to answer any other questions you may have regarding the claiming process. To speak with our team, you can:

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Learn More About Claiming Compensation For A Misdiagnosis

For more helpful resources surrounding the misdiagnosis of lung cancer, try our articles on:

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