My Thyroid Cancer Was Misdiagnosed – Could I Claim Compensation?

This guide explains how to claim compensation if your thyroid cancer was misdiagnosed because of medical negligence. Thyroid cancer is an illness that can worsen over time. If it’s misdiagnosed and your treatment is delayed as a result of this, then this could mean you need different, more intensive treatment than you would have otherwise. In some cases, the condition might progress and become untreatable.

thyroid cancer misdiagnosed

My thyroid cancer was misdiagnosed- Could I claim compensation?

If medical negligence caused the thyroid cancer misdiagnosis, you could be entitled to claim compensation for any unnecessary harm caused. Medical Negligence Assist can help you to claim the compensation you deserve. The skilled clinical negligence solicitors from our panel have experience working on these kinds of claims.

Please call our helpline for free legal advice; if an advisor from our team can see that you are eligible to claim, they may be able to appoint a medical negligence solicitor from our panel to work on your case.

Contact us today to enquire:

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Why Is Thyroid Cancer Misdiagnosed?

The thyroid gland is a small gland in the neck that produces hormones. Thyroid cancer mostly affects people in their thirties or age 60 and above, and women are 2 to 3 times more likely to develop it than men.

There are several different kinds of thyroid cancers, which we will outline below:

  • Papillary carcinoma- This is the most common kind of thyroid cancer, usually affecting people (particularly women) under the age of 40.
  • Follicular carcinoma- This accounts for up to one-tenth of cases and affects middle-aged women in particular.
  • Medullary carcinoma- Accounts for less than a tenth of cases and can run in families.
  • Anaplastic thyroid carcinoma. The rarest and most serious form, accounting for about 1 in 50 cases and usually affecting people over 60.

What Is Misdiagnosis?

Misdiagnosis happens when doctors mistake one medical condition for another. This can have a number of consequences; for example, if you were given the wrong diagnosis, your treatment might be mistaken for another condition meaning you get treatment you don’t need, which causes unnecessary harm. Similarly, a delayed diagnosis can result in delayed treatment, which means your condition worsens.

Medical negligence can cause cancer misdiagnosis or a late diagnosis. Medical practitioners owe their patients a duty of care; a duty of care is a legal requirement to provide an adequate standard of care. If a medical professional such as a doctor provides the patient with inadequate care, which causes unnecessary harm, this is medical negligence.

Examples of medical negligence which could lead to the misdiagnosis of cancer include:

  • GP negligence could occur if a GP fails to send a patient for diagnostic tests despite them showing clear signs of cancer
  • Hospital negligence could occur if the records of two patients with the same name are mixed up, meaning that one patient receives the diagnosis that was meant for the other
  • A misdiagnosis could occur if test results are inconclusive but the doctors fail to follow up with further tests to confirm whether or not the patient has cancer
  • The doctor mistakes the symptoms of thyroid cancer for a less serious condition such as a goitre because they didn’t take into account their lifestyle or family history

Can You Claim For Negligent Thyroid Cancer Misdiagnosis?

If your doctor failed to diagnose your cancer and you were harmed, you could claim compensation for the negligent diagnosis of cancer. For your claim to succeed, you will have to meet the following criteria:

  • Firstly, you will need to prove the doctor or another medical practitioner that treated you owed you a duty of care.
  • Secondly, you will need to prove that the practitioner acted negligently, breaching their duty of care.
  • Finally, there must be proof of medical negligence causing unnecessary harm to you.

If you would like guidance on the process of claiming after your thyroid cancer was misdiagnosed, then speak with one of our advisors today.

How Misdiagnosis Could Impact Thyroid Cancer

A misdiagnosis or delayed diagnosis of thyroid cancer can result in your condition getting worse as you don’t receive the treatment you need. This is because the treatment you receive might depend on how far the disease has spread. Thyroid cancer can spread to the lymph nodes, bones and lungs.

For example, surgery will usually be the first treatment offered for most forms of thyroid cancer, followed by radioactive iodine treatments, which has uncommon side effects. However, radiotherapy or chemotherapy might be offered if the cancer has spread, which could happen as a result of misdiagnosis. These kinds of treatments can cause serious side effects.

In some cases, a delay in, or lack of, treatment could mean that the condition professes to a point where it is no longer treatable. Family members could potentially claim after the wrongful death of their loved one caused by medical negligence.

For an assessment of how much your claim is worth, speak with an advisor on our team today. They can tell you whether you could be eligible to claim after your thyroid cancer was misdiagnosed.

Limitation Periods To Claim For Misdiagnosed Thyroid Cancer

Under the Limitation Act 1980, the time limit for making a clinical negligence claim is normally three years. It could run from the date of the incident or the date

Exceptions can apply to these limits, however:

  • If someone was under 18 when harmed by medical negligence, the time limit for claiming is suspended until they turn 18. At this point, they have 3 years in which to start a claim.
  • If someone lacked the mental capacity to claim when harmed by medical negligence, the time limit for claiming is suspended unless they become able to claim. At this point, they have 3 years in which to start a claim.

In both of these cases, a litigation friend could claim on behalf of the party who was harmed by medical negligence while they’re not able to do so on their on behalf. There’s no time limit for a litigation friend to start a claim, because the time limit is suspended.

What Could I Claim If My Thyroid Cancer Was Misdiagnosed?

If your thyroid cancer was misdiagnosed because of medical negligence, you could be eligible to claim compensation. This could be made up of two hears. General damages is the first head; this compensates you for the physical and mental pain and suffering your injuries caused.

You may be curious to know how much compensation you could recieve. You can use the table below to estimate the general damages you’ll receive if you win your claim. The compensation amounts are based on the most recent edition of the Judicial College Guidelines (JCG), which solicitors use to value general damages.

Neck Injury(a) Severe (i) Little or no movement in the neck and severe, intractable headaches. Around £148,330
Neck Injury(a) Severe (ii) - Substantial loss of movement in the neck or loss of limb function. £65,740 to £130,930
Back Injury(a) Severe (i) Severe pain and disability, incomplete paralysis. £91,090 to £160,980
Back Injury(a) Severe (ii) Lost sensation, impairment of mobility. £74,160 to £88,430
Lung Disease(a) Lung cancers affecting a younger person which could cause them serious disability and risks early death.£100,670 to £135,920
Lung Disease(b) Lung cancers affecting an older person and reducing their quality of life as well as function.£70,030 to £97,330
Lung Disease(c) Where the spread of the illness worsens lung function.£54,830 to £70,030

However, if you win your claim, the settlement for your cancer misdiagnosis may vary. For a more accurate estimate, please call our helpline so an advisor can value your clinical negligence claim.

Special Damage Compensation Payments

Your injuries may have caused you to incur costs or financial losses. You may be able to claim these losses back as special damage payments. Your special damages payment can include reimbursement for the following:

  • Medical costs
  • Public or private transport costs
  • Reimbursement for care expenses
  • Reimbursement for loss of income

Speak with our team today for an assessment of how much your claim is worth.

Why Choose Us For Your Misdiagnosis Claim?

If your thyroid cancer was misdiagnosed and this caused you unnecessary harm, you may be owed compensation, provided you can show that this was caused by medical negligence. If you meet the criteria to make a claim, we could connect you with a No Win No Fee solicitor from our panel to handle your case.

If you make a claim with a No Win No Fee agreement, such as a Conditional Fee Agreement, you will be expected to pay a success fee on the condition that you win your claim. There are generally no solicitors fees to pay before work starts on your claim. If you don’t win, you won’t generally pay your lawyer for the work they have done.

So, please contact Medical Negligence Assist today to see if you could work with a No Win No Fee lawyer:

  • Call our helpline on 0800 652 3087
  • Send a request to claim online
  • Type your question to our advisors into our Live Support widget

Resources On Cancer Negligence Claims

Thank you for reading our guide to claiming compensation if your thyroid cancer was misdiagnosed because of negligence. If you wish to learn more about cancer medical negligence, please read our guides below:

Ovarian Cancer Misdiagnosis Compensation Claims

Pancreatic Cancer Misdiagnosis Compensation Claims

Head And Neck Cancer Misdiagnosis Compensation Claims

Thyroid cancer diagnosis tests – an NHS guide

Treatments for thyroid cancer – information from the NHS

A Cancer Research UK guide to thyroid cancer

We are grateful that you have read our guide to claiming compensation because your thyroid cancer was misdiagnosed.

Guide by Hana

Edited by Fern