In this guide, we’ll be discussing what you could do after receiving a pancreatic cancer misdiagnosis. In some cases, you may be able to make a medical negligence claim. We will discuss the eligibility criteria that must be met in order to seek compensation further in this guide, including the time constraints in place to begin a claim.
Pancreatic cancer misdiagnosis claims guide
Furthermore, we will discuss how a misdiagnosis could occur and the impact it could have physically, emotionally and financially.
We will also explore the settlement you could receive and how it can address the ways in which you have been impacted by the misdiagnosis.
Lastly, we will discuss the ways in which a No Win No Fee solicitor from our panel could benefit you and your claim.
For more information, please get in touch with our team of advisors to receive guidance on your potential claim and the steps you can take to seek compensation. To reach them, you can:
- Contact us via our online form
- Call us on 0113 460 1216
- Chat with one of our advisors by using the live chat feature on our website.
Choose A Section
- When Are You Eligible To Claim For Pancreatic Cancer Misdiagnosis?
- What Is The Medical Negligence Claim Time Limit?
- What Do You Need To Potentially Receive Medical Misdiagnosis Compensation?
- Potential Compensation Amounts For A Pancreatic Cancer Misdiagnosis
- Use Our Panel Of Solicitors To Claim For Medical Negligence On A No Win No Fee Basis
- Learn More About Pancreatic Cancer Misdiagnosis Claims
When Are You Eligible To Claim For Pancreatic Cancer Misdiagnosis?
There are a couple of potential scenarios in which a pancreatic cancer misdiagnosis could occur, including:
- Being initially diagnosed with another illness before being given the correct diagnosis of pancreatic cancer.
- Being misdiagnosed with cancer whilst actually having another illness.
If you have been misdiagnosed with cancer, it can result in your condition worsening, or spreading to other parts of your body. For example, it could spread to the lungs, bones or lining of the abdomen. This can mean you require more invasive treatment or unnecessary medical treatment. As a result, you could experience a psychological impact such as stress, anxiety or distress.
In some instances, you might be able to claim for misdiagnosed pancreatic cancer. However, there are certain eligibility criteria that must be met.
Medical professionals owe their patients a duty of care. This means they must provide the correct standard of care. If the care they provide deviates from this standard and you experience avoidable or unnecessary harm as a result, this is medical negligence.
If, as a patient, you’re not provided with the standard level of care that should be provided, then you may suffer harm that could have otherwise been avoided.
Please get in touch to discuss the eligibility criteria with our team of advisors.
Examples Of Medical Misdiagnosis
There are several ways a misdiagnosis could occur. For example:
- Your scan being mislabeled, meaning that your diagnosis is based on another person’s test results.
- A healthcare professional misinterpreting a scan, resulting in you being wrongly diagnosed.
- A doctor failing to send you for further tests despite you exhibiting clear symptoms of pancreatic cancer.
However, please keep in mind that not all cases of a misdiagnosis will form the basis of a valid claim. In order to seek compensation, you must prove that a medical professional provided care that deviated from the correct standard and you experienced unnecessary harm as a result.
To learn more about whether you could be eligible to claim, get in touch with a member of our team.
What Is The Medical Negligence Claim Time Limit?
As per The Limitation Act 1980, a claim needs to be started either within three years of the date the incident occurred or three years from the date you became aware of medical negligence.
There are exceptions to this though, including if the person is under the age of eighteen at the time of the incident, or if the person affected lacks the mental capacity to make a claim.
To learn more about the exceptions and whether they could apply to your specific circumstances, get in touch on the number above.
What Do You Need To Potentially Receive Medical Misdiagnosis Compensation?
To prove that a medical misdiagnosis resulted in you suffering unnecessary harm, you can gather evidence, such as:
- Hospital report
- Doctor report
- Prescriptions
- Letter of diagnosis
The Bolam test may also be carried out as part of the claims process. This involves a group of medical professionals, who are trained in a relevant field, assessing your case. During their assessment, they will look to see whether the correct standard of care was met. The findings from their assessment can be used as evidence to support your case.
You could also seek legal advice. The advisors on our team can provide free legal advice regarding your potential claim. If they find that you have a valid case that has a strong chance of success, they could connect you with a solicitor from our panel.
The solicitors on our panel have experience handling medical negligence claims and could help you collect evidence and ensure you put forward a complete case.
Please call our team to learn more. They can also provide further guidance on the steps you could take when making a pancreatic cancer misdiagnosis.
Potential Compensation Amounts For A Pancreatic Cancer Misdiagnosis
General damages is the head of claim that aims to compensate a claimant for any pain and suffering that they’ve experienced as a result of medical negligence. The following figures are taken from the Judicial College Guidelines, which can be used by solicitors to help them value the general damages head of claim.
Note that the figures provided above cannot be guaranteed. This is due to the variety of factors that have to be considered when determining a claimant’s potential settlement.
| Harm | Compensation Guidelines | Notes |
|---|---|---|
| Bowels (a) | Up to £184,200 | Natural bowel function is completely lost as is urinary function and control. There are also other medical complications. |
| Bowels (b) | Up to £150,110 | Total loss of natural function as well as being dependent on a colostomy. |
| Bowels (c) | In the region of £79,920 | Embarrassment and distress due to faecal urgency and incontinence continuing after surgery. |
| Lung Disease (a) | £100,670 to £135,920 | A disability of a serious nature affecting someone younger. The condition could get worse with the potential of it leading to death. |
| Lung Disease (b) | £70,030 to £97,330 | Lung cancer causing severe pain and impairment of quality of life and function. |
Could I Receive Special Damages Compensation As Part Of My Cancer Misdiagnosis Payout?
You can also claim for special damages which is the head of claim that reimburses you for any financial losses caused by medical negligence. This can include:
- Loss of income
- Cost of medical care
- Cost of domestic care
You should collect evidence to prove these losses. This can come in the form of invoices, bank statements, or receipts.
Use Our Panel Of Solicitors To Claim For Medical Negligence On A No Win No Fee Basis
If you have a valid claim, our panel of solicitors could work under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This type of agreement means you won’t be required to make a payment for the services your solicitor provides upfront or while the claim is ongoing.
Furthermore, if your claim ends unsuccessfully, then generally, you won’t have to pay your solicitor for the work they have completed on your case.
Following a successful claim, your solicitor will deduct a percentage from your compensation. This is called a success fee and is legally capped.
Contact Us For Free Today About Medical Negligence Claims
We hope this guide has provided the information you need about pancreatic cancer misdiagnosis claims. However, if you have any other questions, please get in touch with an advisor. They could potentially connect you with one of the medical negligence solicitors from our panel, provided it has a chance of success and is valid.
For more information, please get in touch via the contact details below:
- Contact us via our online form
- Call us on 0113 460 1216
- Chat with one of our advisors by using the live chat feature on our website.
Learn More About Pancreatic Cancer Misdiagnosis Claims
Please see below for more of our medical negligence guides:
- When are you able to claim for breast cancer misdiagnosis?
- Medication errors in care homes
- What are birth injury claims?
Alternatively, you can follow these external links to learn more:
- GOV – NHS Constitution For England
- Cancer Research UK – Pancreatic Cancer
- General Medical Council – What To Expect From Your Doctor
If you have any further questions regarding pancreatic cancer misdiagnosis claims, please get in touch on the details provided above.
Writer Louis Pocket
Editor Meg McGloughlin
