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.
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- Can You Claim For The Misdiagnosis Of Lung Cancer?
- Lung Cancer Statistics
- Diagnosing Lung Cancer
- How Could The Misdiagnosis Of Lung Cancer Impact You?
- Estimating Settlements For The Misdiagnosis Of Lung Cancer
- Contact A Misdiagnosis Claim Specialist
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.
Statistics published by Cancer Research UK indicate that 375,000 new cases of cancer are diagnosed every year. Of this number, 48,549 of these cases are lung cancer, and more than half of all newly diagnosed cancer cases are breast, prostate, lung, or bowel cancers. The rate of lung cancer diagnosis compared to other common cancers can be seen in the graph below.
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.
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.
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 Type Compensation Bracket Notes
Moderate Psychiatric Damage £5,500 to £17,900 Some problems coping with work, education and life, but with improvement by trial and a good prognosis.
Moderately Severe Psychiatric Damage £17,900 to £51,460 Significant problems coping with education, life and work, but with an optimistic prognosis.
Moderately Severe PTSD £21,730 to £56,180 Cases where some recovery is possible, but effects may continue to be disabling.
Moderate PTSD £7,680 to £21,730 Cases of large recovery with no grossly disabling continuing effects.
Lung Disease (a) £94,470 to £127,530 Causing serious disability, with a probability of worsening leading to death in a young person.
Lung Disease (b) £65,710 to £91,350 Lung cancer in an older person causing severe impairment to function of life and pain.
Lung Disease (d) £29,380 to £51,460 Breathing difficulties that require frequent use of an inhaler.
Lung Disease (e) £19,510 to £29,380 Wheezing that doesn't cause serious symptoms.
Lung Disease (f) £9,990 to £19,510 Some breathlessness but no impact on working life.
Lung Disease (h) £2,070 to £5,000 Temporary aggravation but problems resolve in months.
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.
A No Win No Fee agreement can give you the opportunity to hire expert legal counsel with minimised financial risk. In a No Win No Fee agreement, you do not pay any upfront or ongoing costs to your solicitor. You only pay if your claim succeeds, in which case your solicitor will take a legally-capped percentage of your compensation award. If your claim does not succeed, you will not pay any costs to your solicitor.
A No Win No Fee solicitor can guide you through the claims process with their years of legal knowledge and experience, and they could help you answer questions and understand legal processes that you may not be able to otherwise.
Our team of advisors can potentially put you in touch with our panel of experienced solicitors. Get in touch today to learn more by:
How To Claim For Misdiagnosed Injuries And Illnesses
For more helpful resources surrounding the misdiagnosis of lung cancer, try our articles on:
- NHS Hospital Negligence Compensation Claims
- Surgical Negligence Compensation Claims
- Wrongful Death Negligence Compensation Claims
Or, for more helpful resources, try:
- CQC – Make a complaint to a service or care provider
- Macmillan Cancer Support
- NHS Resolution – Information on claiming against an NHS trust
Guide by Cat
Edited by Ruth