In this article, we’ll discuss claiming medical negligence compensation if your cancer was misdiagnosed as adenomyosis because of a breach of duty of care. Topics we will cover include how to determine when medical negligence played a role in your misdiagnosis and the evidence that will help demonstrate this is the case. We’ll also explain how compensation awards are calculated following a successful claim for medical negligence.
Later in this article, we’ll provide information about a type of No Win No Fee agreement that solicitors may offer to potential clients. Read on if you wish to know more about this topic or the process of beginning a medical negligence claim.
Additionally, our advisers are available 24/7 via the following methods:
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Choose A Section
- Eligibility Criteria For Claiming Due To Cancer Being Misdiagnosed As Adenomyosis
- Potential Examples Of How Cancer Could Be Misdiagnosed As Adenomyosis
- What Compensation Could You Receive From A Medical Negligence Claim?
- What Evidence Could Help You In A Medical Misdiagnosis Claim?
- Why Claim For A Cancer Misdiagnosis Payout On A No Win No Fee Basis?
- Learn More About The Medical Negligence Claims Process
Eligibility Criteria For Claiming Due To Cancer Being Misdiagnosed As Adenomyosis
You may be eligible to claim compensation for cancer that was misdiagnosed as adenomyosis if you can show that medical negligence played a role in you experiencing unnecessary harm. All healthcare professionals owe their patients a duty of care, meaning they must provide care of an acceptable level.
Therefore, you may be eligible to claim when you can show that your medical misdiagnosis occurred because a doctor, GP or other healthcare professional breached the duty of care they owed you. If you aren’t certain how to begin this process, contact our team of advisers. They can help determine whether medical negligence played a role in your misdiagnosis.
Potential Examples Of How Cancer Could Be Misdiagnosed As Adenomyosis
Certain forms of womb cancer can be misdiagnosed as adenomyosis. This is because both conditions could present similar symptoms; Cancer Research UK states that one of the most common womb cancer symptoms is abnormal bleeding from the vagina, while the NHS determines that adenomyosis commonly involves heavy, painful or irregular periods.
If you have cancer and this is misdiagnosed, then this could mean that your condition is allowed to spread and progress without treatment. Furthermore, if you’re given the incorrect prescription for a condition you don’t have, this could cause you avoidable harm.
Your condition could be misdiagnosed despite you being provided with the right level of care. In order for you to claim, you need to show that it was a breach of duty of care that caused you avoidable harm.
How Could A Misdiagnosis Occur?
The following scenarios are examples of how cancer could be misdiagnosed as adenomyosis:
- A doctor could order a biopsy to be taken. However, the results are mislabelled and you receive another individual’s test results by mistake, meaning that you are misdiagnosed with adenomyosis.
- A pap smear could return abnormal results, but a nurse does not schedule a follow-up procedure. You are misdiagnosed with adenomyosis.
- Your GP may fail to notice that your medical history shows you have a higher risk of developing uterine cancer and attribute your symptoms to adenomyosis. This GP misdiagnosis means your condition is allowed to progress.
Later in this article, we’ll discuss what evidence may help you prove that medical negligence contributed to the scenario in which your cancer was misdiagnosed as adenomyosis. Next, however, we’ll provide information about the compensation that could be awarded following a successful claim of this type.
What Compensation Could You Receive From A Medical Negligence Claim?
A medical negligence claim could include compensation for the suffering you experience as a result of avoidable or unnecessary harm. For instance, this could include unnecessary medical treatment you undergo or the damaging side effects of medication you would not have been prescribed if you’d received a correct diagnosis.
Medical negligence solicitors will usually refer to a document called the Judicial College Guidelines (JCG) when assessing how much a claim could be worth in general damages. These guidelines contain compensation brackets for different types of harm a person could suffer due to negligence.
We’ve included some of these brackets in the table below. Please remember that the JCG is only a guide. It cannot account for your personal circumstances, and any claim you make will take the details of your situation into consideration.
Examples Of Medical Negligence Compensation Amounts
Harm (Avoidable or Unnecessary) | JCG Bracket Information | Further Details |
---|---|---|
(a) Reproductive System, Female | £114,900 to £170,280 | Infertility, sexual dysfunction, severe depression, anxiety, pain and suffering. |
(b) Reproductive System, Female | £43,010 to £102,100 | Likely permanent sexual dysfunction in the case of an individual with children or who would not have had any. |
(c) Reproductive System, Female | £56,080 to £71,350 | Infertility that is not accompanied by sexual dysfunction. |
(d) Reproductive System, Female | £17,960 to £36,740 | Infertility that is not accompanied by medical complications or sexual dysfunction where the claimant has children. |
(e) Reproductive System, Female | £6,610 to £18,680 | A case of infertility in an individual who would not have had children in any case; e.g. due to age. |
(b) Bladder | Up to £140,660 | Total loss of control and function. |
(c) Bladder | £63,980 to £79,930 | Serious impairment of function and control. Some pain and/or incontinence are involved. |
Special Damages In Medical Negligence Claims
Medical misdiagnosis compensation could involve a second head of claim called special damages. This is intended as a way to recoup financial losses incurred as a result of the harm you experienced. For instance, special damages could involve payments for:
- Lost earnings, past and/or future
- Alternate travel costs, such as if you are unable to drive and must instead take public transport
- The costs of prescription medications
This list is not exhaustive, so speak to our advisers if the harm you experienced as a result of your cancer being misdiagnosed as adenomyosis resulted in a particular financial loss.
What Evidence Could Help You In A Medical Misdiagnosis Claim?
When claiming for a misdiagnosis of cancer, you will be expected to produce evidence that shows how medical negligence played a role. Some forms of evidence that could help include:
- Your medical records
- The results of an independent medical assessment detailing the level of avoidable or unnecessary harm you experienced
- Evidence regarding any financial losses you intend to claim for
Furthermore, medical negligence claims should begin within the relevant time limit. This is generally 3 years from the accident or from the date you made a connection between the negligence and the harm you were caused.
This is an area where medical negligence solicitors could provide their services. Collecting and collating evidence beforehand can be a key aspect of the claiming process, so it may be worth getting help with these tasks. Speak to our advisers if you’d like to know more.
Why Claim For A Cancer Misdiagnosis Payout On A No Win No Fee Basis?
If you have evidence to show your cancer was misdiagnosed as adenomyosis due to medical negligence, you may wish to seek legal advice to help start a claim. While not a legal requirement, this can be very helpful.
If your claim is valid, an advisor may be able to put your details before one of the solicitors on our panel. They could offer their services to you under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
By agreeing to the terms of a CFA, you wouldn’t have to pay upfront fees or ongoing charges for the solicitor’s services. Additionally, you typically don’t have to pay for their services if your claim fails.
Instead, they would take a success fee from your compensation at the end of the process if your claim succeeds. This fee is legally capped, so you would still receive the majority of your compensation.
Want To Know If You Can Claim For Cancer Being Mistaken As Adenomyosis? Contact Us For Free Today
If you’d like to know more about beginning a misdiagnosed cancer claim, our advisers can provide more information. To learn more, you can:
- Call 0113 460 1216
- Fill in our online contact form
- Speak to one of our advisers using the chatbox below
Learn More About The Medical Negligence Claims Process
Other guides about medical negligence claims:
When Are You Able To Claim For Pancreatic Cancer Misdiagnosis?
When Are You Able To Claim For Breast Cancer Misdiagnosis?
Can I Claim For A Misdiagnosis Of Lung Cancer?
Further information from third-party websites:
Litigation Friend – Government guidance about individuals who can be appointed as a litigation friend on behalf of someone without the capacity to claim on their own
Womb Cancer – Information from Macmillan Cancer Support regarding womb cancer
Good Medical Practice – General Medical Council (GMC) resource with details about the ethical guidance doctors should follow
We hope this article has provided useful information about cancer misdiagnosed as adenomyosis. To learn more about the claims process, contact our team of advisers using the methods discussed above.
Writer Fern Smith
Publisher Morgan Filly