This guide will explain whether you could make a throat cancer misdiagnosis claim for the harm caused by medical negligence. Every medical professional has the responsibility to provide patients with the correct standard of care. If they fail to meet this level of care and, as a result, you are injured, this is known as medical negligence. If you sustained harm due to this negligence, you could be eligible to claim.
Throat cancer misdiagnosis claims guide
Throat cancer, also known as laryngeal cancer, is a disease which affects the larynx (voice box). If you received a laryngeal cancer misdiagnosis, this could have lengthened the time it took you to receive treatment.
Consequently, your condition might have worsened over this time. In severe cases, if a doctor misdiagnoses a patient’s cancer, and the disease has more time to develop and spread, the patient could lose their life.
You could be eligible to claim compensation if a misdiagnosis of throat cancer has injured you due to a medical professional’s negligence. Don’t hesitate to contact our team of advisors today for free legal advice about the claims process.
Moreover, if they find you could be eligible to claim compensation, they may put you in contact with one of the No Win No Fee solicitors from our panel, who could help you through the process of seeking compensation.
To get in touch, you can:
- Call on 0800 652 3087
- Contact an advisor via our website to begin your claim online
- Speak with an advisor through the live support feature at the bottom of this page
Select A Section
- Laryngeal And Throat Cancer Misdiagnosis
- Throat Cancer Symptoms
- Diagnosing Throat Cancer
- Could You Claim For Throat Cancer Misdiagnosis?
- Throat Cancer Misdiagnosis Compensation Settlements
- Can I Hire A Solicitor Under A No Win No Fee Agreement?
Laryngeal And Throat Cancer Misdiagnosis
Throat cancer misdiagnosis is the failure to diagnose cancer correctly. Doctors may miss cancer altogether, or they may mistake cancer for another illness.
A laryngeal cancer misdiagnosis could happen due to medical negligence. Therefore, causing you to suffer avoidable harm.
However, doctors could also misdiagnose cancer because of circumstances beyond their control, such as inconclusive test results. This means that negligence does not cause every case of misdiagnosis. If negligence isn’t proven, you won’t be able to claim.
What Is Throat Cancer?
Throat cancer, also referred to as laryngeal cancer, affects the larynx. The larynx, also known as the voice box, enables you to breathe and speak.
The NHS explains that the causes of laryngeal cancer are changes in the cells of the larynx. The reason this happens is not clear. However, they do provide some factors that could increase your risk of developing laryngeal cancer:
- Alcohol and tobacco
- Family history
- Diet
- Human papillomavirus (HPV)
- Exposure to harmful substances
Contact our team of advisors if medical negligence has caused you harm.
Throat Cancer Symptoms
The NHS outlines some of the symptoms of laryngeal cancer, including:
- A hoarse voice or a change in your voice for over three weeks.
- A lump or swelling in your neck.
- You find it difficult to swallow, or you experience pain when swallowing.
- You experience breathlessness and have a continuous cough.
- You wheeze in a high-pitched tone when you breathe.
- You experience earache or an ongoing sore throat.
If you are experiencing these symptoms, please see your GP as soon as possible.
How Common Is Throat Cancer?
The charity Cancer Research UK provides head and neck cancer statistics to provide an insight into the frequency of throat cancer:
- Between 2016-2018, there were 12,422 cases of head and neck cancer on average in the UK.
- There were 4,143 deaths in the UK from head and neck cancer between 2017 to 2019.
- An estimated 46% to 88% of head and neck cancers in the UK are preventable.
Diagnosing Throat Cancer
If you have symptoms of throat cancer, you should seek medical attention and receive an examination.
According to the NHS, after your GP has examined you and discussed your symptoms, they may refer you to an ear, nose and throat specialist if they suspect you have laryngeal cancer. A specialist can carry out further tests, such as:
- Nasendoscopy
- Laryngoscopy
- Biopsy
Can Throat Cancer Be Misdiagnosed?
Throat cancer could be misdiagnosed by a medical professional. However, a doctor could provide you with the correct standard of care but still misdiagnose you with laryngitis. This is not medical negligence.
However, if a doctor didn’t provide you with the correct standard of care and, as a result, you suffered avoidable harm, this would be an example of throat cancer misdiagnosis due to medical negligence.
Throat cancer could be misdiagnosed for various reasons, such as:
- A patient may exhibit clear signs of throat cancer, however, their GP does not suggest any further action. This could result in avoidable harm and, therefore, could be GP negligence.
- A doctor at a hospital may misinterpret the results of a test for cancer. As a result, the patient may receive a delayed diagnosis due to hospital negligence.
Could You Claim For Throat Cancer Misdiagnosis?
You could be eligible to make a medical negligence claim for throat cancer misdiagnosis under the following circumstances:
- A medically trained professional, such as a doctor, owed you a duty of care.
- They breached their duty of care towards you by providing care that fell below the correct standard.
- As a result, you suffered avoidable physical or psychological harm.
If your loved one has passed away following a cancer misdiagnosis due to medical negligence, a claim could be made for wrongful death compensation on their behalf. Please get in touch with us today to learn more.
Throat Cancer Misdiagnosis Compensation Settlements
There are two categories of compensation you could receive following a successful medical negligence claim. Firstly, you could claim special damages for any financial losses incurred as a result of the harm you sustained due to medical negligence.
For example, you could claim reimbursement for loss of earnings if the avoidable harm made you too unwell to work. It is important to note that you must provide evidence of any special damages, such as payslips or bank records.
Secondly, you could receive general damages alongside special damages, which compensate for the harm caused by medical negligence.
The table below provides compensation brackets that relate to different types of harm. We used the Judicial College guidelines, updated in April 2022, to create the table. Solicitors use the JCG to help them value general damages.
However, it is important to know that these figures reflect previous court settlements but many factors are considered when valuing a claim. Therefore, these amounts are not an exact representation of what you will receive but a guide.
| Severity And Injury | Damages | About The Injury |
|---|---|---|
| Brain Damage - Very Severe (a) | £282,010 to £403,990 | The person will require full time care. Several factors are considered when valuing the award such as impairment of senses. |
| Back Injury - Severe (i) | £91,090 to £160,980 | Damage to nerve roots and the spinal cord. |
| Lung Disease (b) | £70,030 to £97,330 | Severe pain and function impairment due to lung cancer. The person's quality of life will also be affected. |
| Neck Injury - Severe (ii) | £65,740 to £130,930 | Damage to discs in the cervical spine. |
| Neck Injury - Severe (iii) | £45,470 to £55,990 | Severe soft tissue damage. |
| Neck Injury - Moderate (i) | £24,990 to £38,490 | Serious soft tissues injuries affecting both the neck and back. |
| Neck Injury - Moderate (ii) | £13,740 to £24,990 | A soft tissue injury or disc lesion in the cervical spine. |
| Impairment of Taste and Smell (a) | In the region of £39,170 | Cases in this bracket could include a brain injury that has caused a complete loss of taste and smell. |
| Psychiatric Injury - Moderate (c) | £5,860 to £19,070 | The person will have experienced several issues but will have a good prognosis. |
| Mental Anguish | £4,670 | The person will have feared death is pending or a reduction in their life expectancy. |
For more information on how much a medical negligence claim be worth, call us on the number above.
Can I Hire A Solicitor Under A No Win No Fee Agreement?
You will not pay any upfront or ongoing fees for a solicitor’s services when you enter into a No Win No Fee agreement. Furthermore, you would not have to pay for these services if the claim is unsuccessful. These are terms involved in a Conditional Fee Agreement (CFA) which is a type of No Win No Fee service.
Under a CFA, if your claim is successful, your solicitor would take a success fee from your compensation. This is calculated as a percentage which is subject to a legal cap.
To see whether you could be eligible to use a No Win No Fee solicitor, contact our team of advisors for an assessment of your claim. They can also provide further guidance on whether you’re eligible to claim following a throat cancer misdiagnosis.
To get in touch, you can:
- Call on 0800 652 3087
- Use our claim form to claim online
- Speak with an advisor through the live support feature at the bottom of this page
Cancer Misdiagnosis Claims Resources
Below, we have provided additional resources that you may find beneficial.
- Pancreatic Cancer Misdiagnosis Compensation Claims
- How To Claim For The Misdiagnosis Of Lung Cancer
- Kidney Cancer Misdiagnosis Compensation Claims
- An NHS guide on the signs and symptoms of cancer.
- GOV advice on Statutory Sick Pay (SSP).
- Guidance from the General Medical Council on what you should expect from your doctor.
Thank you for taking the time to read our guide to claiming throat cancer misdiagnosis compensation. If you need any other information, please get in touch on the number above.
Writer Hana Clarke/ Jess Olsen
Editor Meg Miller