If you have been misdiagnosed with cancer or experienced a doctor failing to diagnose your condition, you may be eligible to claim compensation for your suffering. You would need to show that medical negligence was the cause.
This article will explain more about medical negligence, including how to tell it has occurred. We will also discuss how much compensation you could receive from a successful claim of this kind.
Misdiagnosed cancer claims guide
It is crucial to remember that all medical professionals owe their patients a duty of care. This duty means providing their patients with the correct standard of care. If this duty of care is breached, it may be possible for the person who experienced the unnecessary harm to file a medical negligence claim.
Read on to learn more about medical misdiagnosis compensation. If you have questions that are not answered in this article, you can reach out to our advisers using our 24/7 helpline. Our team can listen carefully to your circumstances and offer free legal advice about the best way to proceed with your potential claim. Contact us today:
- Fill in our contact form to request a return call
- Speak to an adviser on 0113 460 1216
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- Misdiagnosed Cancer Claims – A Guide To Claiming Compensation
- When Are You Eligible To Make A Claim For Medical Negligence?
- What Compensation Could You Receive From A Misdiagnosed Cancer Claim?
- Potential Evidence That Could Be Used In A Hospital Negligence Claim
- Could You Make A No Win No Fee Medical Negligence Claim?
- Read More About How To Claim For Misdiagnosed Cancer
Misdiagnosed Cancer Claims – A Guide To Claiming Compensation
There are two situations that could form the basis of a misdiagnosed cancer claim. These are:
- Receiving a diagnosis of cancer when, in reality, you have another condition
- Receiving a diagnosis of a different illness when you are actually suffering from a form of cancer
The first scenario could cause a great deal of psychological harm during the time in which you think you have cancer. Additionally, both scenarios could mean that your condition worsens while a medical professional attempts to treat the wrong illness. You may also undergo unnecessary medical treatment if, for example, your doctor performs surgery to remove a tumour when none exists.
Keep reading to find out more about claiming compensation after being misdiagnosed with cancer. You can also speak to our advisers if you’d like to learn more about how much your potential medical negligence claim could be worth.
When Are You Eligible To Make A Claim For Medical Negligence?
You may be eligible to claim compensation for misdiagnosed cancer if you can show that a medical professional did not provide you with the correct standard of care and that, as a result of this poor care, you suffered avoidable harm. For example, you could have been misdiagnosed because:
- A doctor becomes distracted while interpreting the results of a scan, meaning that they do not see several small tumours in your breast. Your cancer could spread to a different organ before the mistake is discovered.
- A technician mixes up the results of two different tests, meaning that you are given someone else’s results. You could spend several months undergoing chemotherapy before being told you do not actually have cancer.
- A GP fails to make a note of several concerning symptoms you are experiencing, including blood in your stool. Your cancer could progress to Stage IV before another doctor correctly diagnoses you with bowel cancer.
Not all situations will form the basis for a valid claim, so contact our advisers if you have questions about valid medical negligence claims. Our team has a great deal of experience and can offer free legal advice about the circumstances you describe.
What Compensation Could You Receive From A Misdiagnosed Cancer Claim?
The compensation awarded for misdiagnosed cancer will vary depending upon the severity of the pain you experienced as a result of inadequate care. The payment you are awarded for this aspect of your suffering is called general damages, which is intended as a way to reimburse you for the suffering you experienced.
When assessing how much a claim may be worth, medical negligence solicitors will usually refer to the Judicial College Guidelines (JCG). This document represents a set of guidelines for the various kinds of harm that might result from negligence. We have included a table showing some of the entries that can be found in this document.
| Type of Harm Experienced | JCG Compensation Brackets | Notes About the Harm Experienced |
|---|---|---|
| Moderate Brain Damage (i) | £150,110 to £219,070 | Incidents causing moderate to severe personality change, intellectual deficit, and effect on sight, speech, and senses. |
| Bowels | Up to £184,200 | Incidents leading to double incontinence, accompanied by other medical complications. |
| Bowels | Up to £150,110 | Total loss of natural function and dependence upon colostomy. |
| Bladder | Up to £184,200 | Incidents leading to double incontinence, accompanied by other medical complications. |
| Bladder | Up to £140,660 | Complete loss of function and control. |
| Bladder | £63,980 to £79,930 | Serious impairment of function and control. |
| Asbestos-Related Disease | £63,650 to £114,460 | Mesothelioma causing severe pain and impairment of function. May affect lining of lung or lining of abdominal activity. |
| Asbestos-Related Disease | £70,030 to £97,330 | Lung cancer with symptoms that may not be as severe as those of mesothelioma, but which are generally more protracted. |
| Lung Disease | £70,030 to £97,330 | Lung cancer causing severe pain and impairment of function. Typically in an older person. |
The set of figures shown above are only intended as guidelines. Your actual compensation may vary.
Can You Receive Special Damages When You’ve Been Misdiagnosed With Cancer?
In addition to the amount awarded for general damages, a claim for misdiagnosed cancer may also include special damages. This second head of claim can be a means of recouping financial losses caused by the misdiagnosis. For example, special damages may include payments for:
- Lost earnings
- Future lost earnings
- Travel expenses brought about while getting to and from hospital appointments
- The cost of prescription medications and specialist consultations
The financial losses that may be claimed under special damages can vary widely from person to person. It could be worth speaking to one of our advisers on this topic, as they can offer detailed information about potential compensation.
Potential Evidence That Could Be Used In A Hospital Negligence Claim
An individual who files a medical negligence claim will be expected to produce supporting evidence. For example, if you were misdiagnosed with cancer, the process of claiming would benefit from:
- A copy of your medical records
- Notes containing the names of involved medical professionals, relevant locations, and the dates that specific events occurred
- A journal that details your mental and physical symptoms
You may wish to retain the services of a solicitor who can help you gather and collate this evidence. Contact our advisers to learn more. If they feel your claim is valid, they may be able to put you in touch with one of the medical negligence solicitors on our panel.
Could You Make A No Win No Fee Medical Negligence Claim?
If you are put into contact with one of the No Win No Fee solicitors on our panel, you may be offered a specific type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This type of agreement can be beneficial because it allows you to hire a solicitor without necessarily paying for their services upfront.
It is important to mention that, by agreeing to the terms of a CFA, you generally don’t have to pay for the work a solicitor does if your claim fails. Instead, the solicitor will take a success fee from your compensation. This fee is capped by the Conditional Fee Agreement Order 2013.
Contact Us For Free 24/7 To See If You Could Receive Medical Misdiagnosis Compensation
You can contact our advisers on any day that is most convenient for you, at any time of the day or night. We may be able to help explain many aspects of misdiagnosed cancer claims, including how long a medical negligence claim could take to conclude. Furthermore, our team have experience with other kinds of cases, such as a claim for cerebral palsy following a birth injury. To learn more:
- Fill in our contact form to request a return call
- Speak to an adviser on 0113 460 1216
- Talk to an adviser using the chat box below
Read More About How To Claim For Misdiagnosed Cancer
Other medical negligence guides that may be of use:
What Are Never Events And How Do I Claim Compensation?
Medication Errors – How Do I Report Them?
How To Claim For Maternity Negligence
Further information on this topic:
Cancer Symptoms – Information from Cancer Research UK about the symptoms of bowel cancer
NHS Constitution – Government explanation about the NHS’ obligations to patients, staff and members of the public in England
Good Medical Practice – General Medical Council (GMC) resource explaining what constitutes good medical practice for a physician
Thank you for reading this article about claiming compensation for misdiagnosed cancer. Contact our advisers for further information about this subject.
Writer Morgan Filly
Publisher Fern Smith
