This guide discusses whether you could claim compensation after your pancreatic cancer was misdiagnosed. We explore the eligibility criteria you should meet and explain a medical professional’s standard of care.
Moreover, we outline the causes of misdiagnosis and the time limits when you make a claim of this nature. Following this, our guide looks at the compensation you could receive and what resources solicitors may use when valuing your injuries. Furthermore, we explain the evidence that will help to support your claim.
Finally, to conclude the guide, we highlight the benefits of a No Win No Fee agreement if a solicitor offers such. We also explain how these arrangements are typically conducted and the different outcomes that can happen depending on the success of your misdiagnosis negligence compensation claim.
Below you will find sections relating to claiming compensation after your pancreatic cancer was misdiagnosed. Comparatively, you can contact a member of our team to discuss your claim and receive a free consultation.
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- Can You Claim If Your Pancreatic Cancer Was Misdiagnosed?
- Causes Of Pancreatic Cancer Misdiagnosis
- What Do You Have To Prove For A Medical Negligence Claim?
- What Could I Claim If My Pancreatic Cancer Was Misdiagnosed?
- No Win No Fee Pancreatic Cancer Misdiagnosis Claims
- Learn More About Cancer Negligence Claims
The misdiagnosing of a medical condition can happen for a number of reasons, as you will see as we move through this guide. Not all misdiagnoses or a delay in diagnosis will mean a medical negligence claim is possible. When a medical professional agrees to treat you as their patient, they instantly owe you a duty of care. Should this duty of care be breached, for example, if the medical professional deviates from the correct standards, and this goes on to cause you preventable harm, then a medical negligence claim is possible.
Medical professionals must provide a correct standard of care that avoids causing their patient’s unnecessary harm.
To illustrate medical negligence, you should be able to show that your circumstances meet the following criteria:
- You were owed a duty of care.
- There was a breach of duty.
- This breach caused harm.
Demonstrating a breach of duty will help establish liability that can amount to medical negligence. Harm must have occurred for you to make a claim. If there was a breach of duty, but no harm occurred, you would not be able to make a claim.
Medical Misdiagnosis Claim Time Limits
When looking into making a claim after your pancreatic cancer was misdiagnosed, there are time limits to be aware of. The Limitation Act 1980 states that generally, you will have three years from the date of the medical negligence or the date of knowledge i.e. from the date you become aware of the misdiagnosis and suspected it was caused by a medical professional acting negligently.
For a medical negligence claim involving a child, a person will have three years from their eighteenth birthday to start a claim.
The time limit is also not applicable when the person lacks the mental capacity to claim. The limit will resume in the event that they become mentally capable of claiming.
Litigation friends can make a claim on behalf of these individuals. These are usually adults who prioritise the individual’s best interests.
Numerous causes could lead to a misdiagnosis of cancer. Examples of these include:
- A doctor failed to listen clearly to the symptoms you were describing, which caused a delayed diagnosis.
- There is a failure to refer someone for further testing as their initial test results were misplaced, leading to delayed treatment.
- A receptionist at a hospital mixed up your files. Due to this, you were given another person’s diagnosis.
Negligence must have occurred in order for you to claim after your pancreatic cancer was misdiagnosed.
Evidence will be significant in supporting your claim of medical negligence after your pancreatic cancer was misdiagnosed. Examples of what evidence can support your claim include:
- Doctor reports
- Hospital reports
- Statement of diagnosis
- Treatment plan
Having an independent medical appointment can help to produce a more in-depth report of what harm you suffered due to the negligence. A solicitor could help you to collate the evidence you need to provide proof of medical negligence.
The Bolam Test could also be of use in relation to evidence. This is when other trained medical professionals give an evaluation of the provided care. If the panel come to an agreement that the care you received fell below the correct standard of care and that they would have done things differently, this assessment can help to support your claim for negligent pancreatic cancer misdiagnosis.
To learn more about whether you can claim compensation for the misdiagnosis of cancer, please call our advisors for a free consultation.
If your pancreatic cancer was misdiagnosed due to a breach in the duty of care owed to you, you may wonder what payout you could receive for a successful claim. There are two forms of compensation you could claim for. General damages are one type. These cover the pain and suffering caused by medical negligence.
Furthermore, solicitors may turn to the Judicial College Guidelines for assistance when valuing your injuries. These provide compensation brackets for injuries of varying natures. These figures are in the table below though they are not definite amounts, and there is no fixed guarantee that they are what you will receive for your claim.
Alternatively, medical negligence calculators can also be used to estimate the compensation you could receive though these numbers are also not invariable.
|The claimant will be seriously disabled, need constant professional care and substantially dependant on others.
|£219,070 to £282,010
|The damage is serious and permanent. Both kidneys could be lost or damaged.
|£169,400 to £210,400
|Significant risks of urinary tract infections in the future and a possibility that the kidney will struggle to function naturally.
|Up to £63,980
|Loss of one kidney but the other is not damaged.
|£30,770 to £44,880
|Lung cancer causing severe pain typically to an older person. Function and quality of life are both impaired.
|£70,030 to £97,330
The other form of compensation you could claim for is special damages. These aim to compensate you for the monetary losses you endured due to the harm you experienced. The damages aim to restore you to the financial position you were in prior to the harm. Evidence will be useful to support and illustrate these monetary losses. Examples include:
- Payslips to show any loss of earnings.
- Invoices to illustrate the costs of the home adjustments you have purchased.
- Bus and train tickets to show the cost of public transport.
To conclude, if you choose to work with a solicitor, they may offer to work on a No Win No Fee basis. A common kind of this is a Conditional Fee Agreement.
These generally mean that you will not be obligated to pay for your solicitor’s services if your claim is unsuccessful. However, with this agreement in place, your solicitor can take a success fee if your claim is successful.
This fee is a deduction of your compensation that solicitors can take. The Conditional Fee Agreements Order 2013 legally caps the percentage they are allowed to take. Additionally, you will usually discuss the proportion they will take prior to entering the agreement.
To learn more about making a No Win No Fee claim, please get in contact with our team.
For free legal advice and a consultation about your claim, please don’t hesitate to get in touch with us. Our advisors have access to solicitors from our panel who can assist you in the process of your medical negligence claim.
To reach us, you can do so by:
Thank you for reading our guide on claiming compensation if your pancreatic cancer was misdiagnosed. For more of our guides, see the links we have provided:
- Operation Gone Wrong Negligence Claims
- What Is The Average Settlement For A Cancer Misdiagnosis?
- Claimning Against the NHS For Hospital Negligence
For external resources, please visit the sites linked: