If your non-Hodgkin Lymphoma has been misdiagnosed and you have suffered avoidable harm as a result, you might be eligible to make a medical negligence claim. You’d need to show that the misdiagnosis happened as a result of a breach of duty of care.
Can I Claim If My Non-Hodgkin Lymphoma Was Misdiagnosed?
First, we shall discuss the impact a misdiagnosis of Non-Hodgkin Lymphoma could have on you. We will also look at what duty of care a medical professional owes and how this could be breached.
You may be wondering how much compensation you could receive in a successful claim. We’ll look at the different heads of claim that a payout could be made up of and how settlements are valued. Finally, we will explain the benefits of No Win No Fee agreements.
Our advisors are here 24 hours a day, 7 days a week, to answer any questions you may have about the information in this guide. If your case is eligible, they can also put you in touch with a solicitor.
You can contact them by:
- Calling us on 0800 652 3087
- Filling out our claim online form
- Using the live chat box to talk to an advisor
Select A Section
- Could I Claim If My Non-Hodgkin Lymphoma Was Misdiagnosed?
- How Could Non-Hodgkin Lymphoma Being Misdiagnosed Impact You?
- How To Prove The Misdiagnosis Of Non-Hodgkin Lymphoma
- Estimating Settlements If Your Non-Hodgkin Lymphoma Has Been Misdiagnosed
- Contact A Medical Negligence Claim Specialist
- Learn More About Cancer Misdiagnosis And Medical Negligence Claims
Could I Claim If My Non-Hodgkin Lymphoma Was Misdiagnosed?
Every medical professional owes a duty of care to their patients to provide them with care that doesn’t fall below a minimum standard. If this duty is breached, and the patient suffers avoidable harm as a result, this is known as negligence. If you can prove that negligence occurred, you may be able to begin a successful claim for compensation.
A misdiagnosis alone is not an example of negligence. For example, if you were suffering from a condition that usually carried clear symptoms, but in your case was largely asymptomatic, then it might not be reasonable to expect a doctor to make a diagnosis, even if you sought medical attention for the few symptoms you were displaying.
Furthermore, the misdiagnosis needs to have harmed you in order to claim. For example, if you received your initial diagnosis that was incorrect but then were given the correct diagnosis within a few hours, the delay in treatment resulting from the misdiagnosis would not cause you any harm and so you’d be unable to claim.
Contact an advisor today to learn more about your eligibility to make a medical negligence claim.
Limitation Period
The Limitation Act 1980 states that the time limit for beginning a medical negligence claim is typically three years. This can run from the date of the misdiagnosis, or from the date you became aware that you were suffering as a result of negligence. The latter of these is called the date of knowledge.
However, exceptions can apply to this time limit. If the claimant is 18 when the condition was misdiagnosed as a result of negligence, the three-year time limit is suspended until they turn 18. A litigation friend can claim on their behalf at any time up until they come of age. A litigation friend is an adult who can act in the best interests of the claimant.
Exceptions can also apply to those who lack the mental capacity to pursue their own claim. To find out more about time limits and the exceptions that can apply, speak with our team today.
How Could Non-Hodgkin Lymphoma Being Misdiagnosed Impact You?
Non-Hodgkin Lymphoma is a kind of cancer that impacts the lymphatic system. The lymphatic system is part of the immune system.
Delayed diagnosis of this disease can cause it to get worse. In some cases, it might progress to a point where it becomes more difficult or even impossible to treat. You might require chemotherapy when, if the condition was caught earlier, surgery could have sufficed. In some cases of Non-Hodgkin lymphoma, the cancer is so small that no further treatment is needed after the initial biopsy in which it’s diagnosed.
Furthermore, if the patient is misdiagnosed with another condition when they actually have Non-Hodgkin lymphoma, they could be given redundant treatment or medication, which means that they experience harm that they would not otherwise have experienced.
If your Non-Hodgkin Lymphoma was misdiagnosed and you require advice, contact an advisor today.
How To Prove The Misdiagnosis Of Non-Hodgkin Lymphoma
A crucial part of any successful medical negligence claim is collecting evidence to show that you were harmed as a direct result of a medical professional’s negligence.
Evidence you could collect includes::
- Hospital records
- X-rays
- Records of medication you were prescribed
- A diary of how your
The Bolam Test might also be used in your claim. The test entails appropriately-trained medical professionals stating whether the medical care you received was of the correct standard.
Finding the right evidence to support your case might be a daunting prospect to face alone. Our solicitors have years of experience in this field; get in touch with an advisor today to see if you could be connected with one.
Estimating Settlements If Your Non-Hodgkin Lymphoma Has Been Misdiagnosed
If your claim is successful, you could be awarded compensation made up of two separate heads of claim. These heads are known as general and special damages.
The first of these, general damages, compensate for the pain and suffering you experienced because of your negligent misdiagnosis. The Judicial College Guidelines can be used alongside the results of an independent medical assessment to determine how much medical negligence claims could be worth in general damages.
The figures in the table below are taken from the Judicial College Guidelines; however, these figures are not a guarantee as the individual factors of your claim will impact your payout.
| Kind Of Harm | How Severe | Settlement Bracket | Additional Information |
|---|---|---|---|
| Brain Damage | Very Severe | £282,010 to £403,990 | Little to no meaningful interaction with environment. |
| Brain Damage | Moderately Severe (b) | £219,070 to £282,010 | Marked change in personality and behaviour as well as physical disabilities. |
| Brain Damage | Moderate (i) | £150,110 to £219,070 | Moderate to severe impact on intellect and an impact on senses. |
| Brain Damage | Moderate (ii) | £90,720 to £150,110 | Moderate to modest impact on intellect and an impact on senses. |
| Brain Damage | Moderate (iii) | £43,060 to £90,720 | Impact on concentration and memory, reduced ability to work. |
| Brain Damage | Less Severe | £15,320 to £43,060 | Good recovery made. Restoration of all functions may not be restored to normal, however. |
| Kidney damage | Serious | £169,400 to £210,400 | Serious and permanent damage to or loss of both kidneys. |
| Kidney damage | Significant | Up to £63,980 | There will be significant risk of future urinary tract infections or another total loss of kidney function. |
| Lung | Serious | £100,670 to £135,920 | Serious disability and progressive worsening leading to early death. |
| Lung | Severe | £70,030 to £97,330 | Where lung cancer (particularly in older people) impairs both function and quality of life. |
Special Damages Payouts
As well as general damages, you might also be eligible to receive special damages if your Non-Hodgkin Lymphoma was misdiagnosed as a result of negligence. This reimburses you for any out-of-pocket costs incurred because of your misdiagnosis and its consequences.
Special damages could compensate you for costs of travel to and from medical appointments, present and future costs of medical and at-home care, and present or future loss of earnings.
You must present proof of these costs to receive special damages, so keeping evidence is crucial. You should aim to keep any evidence of costs, e.g. bus tickets, hospital bills, etc.
Contact an advisor to find out more about which kinds of compensation you might be eligible to receive.
Contact A Medical Negligence Claim Specialist
Our panel of personal injury lawyers have years of experience helping people make successful medical misdiagnosis claims. If your claim is valid, they could offer you a kind of No Win No Fee agreement known as a Conditional Fee Agreement.
Typically, under the terms of this agreement, you will not have to pay any fees to enlist your solicitor’s services. As your case continues, you do not need to pay your solicitor anything for the work they are doing on your case.
Should your case not succeed, you would not have to pay your solicitor any money for the work they completed for you. However, if your case is successful, you will only have to pay a small success fee from your compensation to your solicitor. This is subject to a legal limit.
Talk To Our Specialist Team
Our advisors can help you with any queries you still have after reading this guide. They are available 24 hours a day, 7 days a week and can pass you on to a solicitor should your claim be viable.
You can contact them by:
- Calling us on 0800 652 3087
- Filling out our claim online form
- Using the live chat box to talk to an advisor
Learn More About Cancer Misdiagnosis And Medical Negligence Claims
We have provided some further useful links to help you with your research:
More of our personal injury guides:
- Cancer Misdiagnosis Claims – Compensation Examples
- Medication Errors And The Effects On Patients – Could I Make A Compensation Claim?
- Negligent Doctors – How To Claim Compensation
Some further useful external links:
The NHS Constitution for England – GOV.UK
Duties of a Doctor- General Medical Council
If your Non-Hodgkin Lymphoma was misdiagnosed as a result of negligence, you could be eligible to claim compensation. Contact an advisor today for free legal advice or to be put in touch with an advisor should your claim be eligible.
Guide by Arthur
Edited by Fern