If your lung cancer was misdiagnosed due to inadequate care, you may wonder if you can claim compensation. According to Cancer Research UK, lung cancer is the third most common cancer in the UK, making up 13% of all new cases in 2016-2018.
Lung Cancer Was Misdiagnosed – Medical Negligence Claims Guide
Misdiagnosed lung cancer could have consequences that affect your health, quality of life and finances. This guide will explain how to determine if medical negligence played a role in your misdiagnosis and evidence that may help support this claim. We will also discuss compensation and how solicitors reach settlement amounts in medical negligence claims.
Our advisers can help if you want to learn more about medical misdiagnosis claims, or if you have any further questions. During a free consultation, they can assess the validity of your claim and may be able to put you in contact with a solicitor from our panel. To get in touch:
- Call on 0800 652 3087
- Start your claim online using our form
- Use the live chat feature for instant support
Choose A Section
- Could I Claim If My Lung Cancer Was Misdiagnosed?
- How Could Lung Cancer Be Misdiagnosed?
- Evidence That May Support Medical Negligence Claims
- Examples Of Payouts If Your Lung Cancer Was Misdiagnosed
- Talk To Us About No Win No Fee Cancer Negligence Claims
- Find Out More About Claiming For Cancer Misdiagnosis
Could I Claim If My Lung Cancer Was Misdiagnosed?
Any medical professional who treats you owes you a duty of care, which means they are responsible for ensuring the treatment you receive meets the correct standard of care. They must ensure that you do not experience unnecessary or avoidable harm due to their care.
You may be eligible to claim compensation if you are unnecessarily or avoidably harmed due to the action or inaction of a medical professional. However, a successful claim will rely upon your ability to show that your lung cancer was misdiagnosed due to medical negligence.
Not all misdiagnosis cases result from a medical professional breaching their duty of care even if harm is caused. For example, your doctor may misdiagnose lung cancer because your symptoms are atypical and do not indicate cancer. In this case, you may not be able to claim because your doctor did not necessarily act negligently.
Medical Misdiagnosis Claim Limitation Periods
If your lung cancer was misdiagnosed, the limitation period for starting a claim is three years according to the Limitation Act 1980. This starts on the date medical negligence occurred or the date you connect your misdiagnosis with negligence. However, there are some exemptions to the limitation period, including:
- Those under the age of 18: The time limit is suspended until you turn 18, at which point it is reinstated.
- Those lacking the mental capacity to claim: If you do not have the capacity to claim for yourself, the limit is suspended until you gain the required capacity.
A litigation friend can start a claim on your behalf while the limitation period is suspended. Contact our team if you have questions about the time limits that may apply.
How Could Lung Cancer Be Misdiagnosed?
Circumstances may exist in which a doctor or GP failed to diagnose cancer. The following examples could represent a misdiagnosis that occurs because of medical negligence:
- Your doctor fails to refer you for further tests after you exhibit clear symptoms of lung cancer.
- A medical professional misreads blood testing or scan results showing obvious cancer signs.
- A medical professional mislabel your test results, meaning you receive another person’s diagnosis.
If your lung cancer was misdiagnosed, delayed treatment could mean it has time to spread to other organs, such as your brain. However, as mentioned above, not every misdiagnosis represents medical negligence. Contact our team today to find out if your claim may be valid.
Evidence That May Support Medical Negligence Claims
Collecting evidence may help prove the validity of your claim. You can gather evidence to strengthen your claim by yourself, but you can also get the help of a solicitor. Examples of potential evidence include:
- Medical records: Your medical records detail any treatment you received. These can illustrate how the actions of a medical professional were negligent.
- Financial records: A copy of your bank statements or receipts will help demonstrate any financial losses you experience due to medical negligence.
- A symptoms diary: The misdiagnosis could lead to delayed cancer treatment, meaning your condition worsens. A symptoms diary records how the misdiagnosis led to avoidable or unnecessary harm.
If your lung cancer was misdiagnosed due to negligence, contact our team today to learn more about the evidence that could prove useful for your case.
Examples Of Payouts If Your Lung Cancer Was Misdiagnosed
If your medical negligence claim for failure to diagnose lung cancer is successful, your potential compensation could benefit from up to two heads of claim. The first is general damages, which is intended to compensate for the unnecessary suffering you experience due to a negligent misdiagnosis.
The payout for general damages is often calculated with the help of the Judicial College Guidelines (JCG). Solicitors and other legal professionals reference this document because it contains guideline settlement brackets for many different kinds of injuries and illnesses. The table below contains entries that could be relevant to your cancer misdiagnosis.
JCG Compensation Brackets
| Compensation Bracket | Injury | Description |
|---|---|---|
| £219,070 to £282,010 | Moderately Severe Brain Damage (b) | A very serious disability and substantial dependence on others. Constant need for care from professionals or others. |
| £150,110 to £219,070 | Moderate Brain Damage (c) (i) | A risk of epilepsy paired with moderate to severe intellectual deficit, effect on senses and personality change. |
| £90,720 to £150,110 | Moderate Brain Damage (c) (ii) | If not completely removed, ability to work is at least reduced, accompanied by risk of epilepsy and moderate to modest intellectual deficit. |
| £70,030 to £97,330 | Lung Disease (b) | Typically in older people, this bracket covers lung cancer causing a reduction in function and quality of life, and severe pain. |
| £54,830 to £70,030 | Lung Disease (c) | Worsening lung function and breathing impairment, caused by disease. |
| £31,310 to £54,830 | Lung Disease (d) | This bracket covers breathing difficulties that are short of disabling. |
Please note that these amounts are not guaranteed, as any compensation you receive will be calculated based on the circumstances of your cancer misdiagnosis.
Special Damages You Could Also Claim
If your lung cancer was misdiagnosed, it could affect your finances as well as your health. For example, a misdiagnosis could allow your cancer to progress to the point that you need to hire domestic help at home, or you may need to pay for travel to and from appointments.
You could potentially claim these expenses back under special damages, which is the second head of a medical negligence claim. However, you must provide evidence of your financial losses to receive this payout. Therefore, it can be useful to keep records of any bills, receipts, or invoices.
Our advisors can give you more information about claiming for medical negligence compensation.
Talk To Us About No Win No Fee Cancer Negligence Claims
If the negligent failure to diagnose cancer has caused you avoidable or unnecessary harm, our solicitors may be able to help you claim compensation. They can provide legal services under a kind of No Win No Fee service known as a Conditional Fee Agreement (CFA).
Under a CFA, your medical negligence solicitor will start work on your claim without asking you to pay any upfront fees for their services. If you succeed, you will pay a small success fee, deducted straight from your compensation and legislatively capped to ensure you get the majority of your settlement. However, if your claim fails, then you typically won’t have to pay this fee.
Contact Us
Get in touch with our advisors today to start your free consultation. They can provide free information about the process of claiming for medical negligence. Furthermore, they may connect you with a solicitor:
- Call on 0800 652 3087
- Start your claim online using our form
- Use the live chat feature for instant support
Find Out More About Claiming For Cancer Misdiagnosis
To learn more about medical negligence claims:
- Breast Cancer Negligence Claims
- Misdiagnosed Bowel Cancer Compensation Claims
- Throat Cancer Misdiagnosis Claims
Or, for related resources:
If your lung cancer was misdiagnosed, contact our team of advisers. They can help you understand if you’re eligible to claim compensation.