In this guide, we’ll discuss when you could claim after your cancer was misdiagnosed as fibromyalgia. We’ll explain what it means when a breach of duty of care has occurred and when you may be eligible to claim for the harm caused. We’ll also provide information about the time limits you should be mindful of when considering a claim.
Cancer misdiagnosed as fibromyalgia claims guide
A later section of this article will explore the benefits of working with a No Win No Fee solicitor. Legal professionals may work with you under this kind of arrangement, meaning that you can seek medical negligence compensation without necessarily having to pay for the solicitor’s services if your claim fails.
Read on for more information. You can also contact us for free by using the details below to check the eligibility requirements to claim for the harm caused by a negligent medical misdiagnosis. Our advisors can answer the questions you might have about the claims process, so find out more:
- Fill out the Contact Us form on our website
- Call us on 0113 460 1216
- Chat with our team using the live chat feature below
Choose A Section
- When Are You Eligible To Claim If Your Cancer Has Been Misdiagnosed As Fibromyalgia?
- What Evidence Could Help You Make A Medical Negligence Claim?
- What Potential Compensation For Medical Misdiagnosis Could You Receive?
- Is There A Medical Negligence Claim Time Limit?
- Our Panel Of Medical Negligence Solicitors Can Work Your Case On A No Win No Fee Basis
- Learn More About How To Claim If Your Cancer Has Been Misdiagnosed As Fibromyalgia
When Are You Eligible To Claim If Your Cancer Has Been Misdiagnosed As Fibromyalgia?
All health professionals owe a duty of care to their patients. This means that they must provide them with the correct standard of care. If an adequate standard of care is not delivered, then patients may experience harm that was unnecessary or could have been avoided through the correct level of care. This could form the basis of a medical negligence claim.
Fibromyalgia is a long-term condition that causes widespread pain all over the body. It can also create symptoms such as:
- Muscle stiffness
- Headaches
- Increased sensitivity to pain
Because the main symptom of fibromyalgia is widespread pain, it is possible to be misdiagnosed with this condition when your pain is caused by a different medical condition, such as cancer. Several forms of cancer, such as bone cancer, can carry symptoms such as pain felt in different parts of the body.
If your cancer is misdiagnosed as fibromyalgia, this may cause a delay in treatment that gives the cancer time to get worse or spread to other parts of your body. For example, bone cancer can spread to the brain or lungs.
How Can A Fibromyalgia Misdiagnosis Happen?
In a case study, a 46-year-old woman sought medical help for severe back pain. Medical professionals diagnosed her with fibromyalgia.
However, due to many years of heavy and painful periods, this individual later underwent tests for polycystic ovary syndrome (PCOS). These tests revealed multiple growths in her womb. After the growths were surgically removed, they were sent for lab analysis. She was diagnosed with endometrial cancer, a form of cancer that begins in the womb.
When it was discovered, the cancer was stage three and had spread into the woman’s ovaries and omentum. She had to undergo three rounds of chemotherapy and two surgeries, one of which was a hysterectomy to remove her uterus.
Source: https://www.newsweek.com/woman-back-pain-cancer-uterus-after-misdiagnosis-fibromyalgia-fiona-williams-scotland-1676206
What Evidence Could Help You Make A Medical Negligence Claim?
In order to make a successful claim, you may wish to collect evidence showing that medical negligence caused the harm you have experienced. It’s important to note that not every misdiagnosis occurs due to medical negligence. In order to make a medical negligence claim, you would need to show that the duty of care a medical professional owed you was breached and that this breach caused you to sustain avoidable harm.
To support your claim for medical negligence, you can provide:
- A diary that documents the treatment you’ve undergone and symptoms you’ve experienced.
- Copies of your medical records.
- The names of medical professionals who treated you, locations where you received this treatment and relevant dates.
Furthermore, it may be worth seeking the help of a medical negligence solicitor. They can arrange an independent medical assessment, the results of which can support your claim. Working with a solicitor from our panel could mean that this is organised as close to you as possible to reduce the need for you to travel.
Additionally, a solicitor can help you collect other forms of evidence and represent you during the claims process. Contact our team of advisors to learn more about claiming for the harm caused by cancer being misdiagnosed as fibromyalgia.
What Potential Compensation For Medical Misdiagnosis Could You Receive?
If you have experienced a misdiagnosis that occurred because of medical negligence, you could receive compensation for your pain and enjoyment loss. The harm you suffer is compensated through a head of claim called general damages.
For example, if a healthcare provider negligently misdiagnoses your condition, you may be able to claim for the negative side effects you experience while taking medications used to treat fibromyalgia and the extent to which your condition worsens because of a lack of treatment. Alternatively, you may be able to claim if a loved one died because of medical negligence resulting in death.
Below, we’ve provided a table with figures taken from the Judicial College Guidelines (JCG). This is a publication that solicitors use to help them assess how much a claim could be worth. These figures are not guaranteed, as a wide variety of factors are considered when calculating compensation.
Judicial College Guidelines Compensation Brackets
| Type of Harm | Severity | Compensation Brackets | Notes |
|---|---|---|---|
| Head and Brain | Very Severe | £282,010 to £403,990 | Person requires full time care. They may retain some ability to follow basic commands and recover a sleep/wake cycle. |
| Head and Brain | Moderately Severe | £219,070 to £282,010 | Person is disabled to a very serious degree in a cognitive or physical manner. |
| Back | Severe (i) | £91,090 to £160,980 | Damage to spinal cord and nerves that causes pain and disability, leading to consequences not usually found in cases of back injury. |
| Back | Severe (ii) | £74,160 to £88,430 | Nerve root damage with associated sensation loss, mobility impairment and impact on bowel and bladder function. |
| Lung Disease | Serious Disability | £100,670 to £135,920 | Younger person left with a serious disability that will progressively worsen until premature death occurs. |
| Lung Disease | Severe | £70,030 to £97,330 | Lung cancer, typically in an older person, that causes significant pain, and impairs the functioning of their lungs. |
Can You Recieve Special Damages Compensation In A Misdiagnosis Claim?
A compensation award could also include a head of claim called special damages; this payment is intended to help you recoup financial losses caused by medical negligence. You must provide evidence of the losses you’ve experienced in order to claim special damages.
For instance, this head of claim could include:
- Payslips will help demonstrate the earnings you have lost. They can also be used to prove future lost earnings if you cannot return to work
- Receipts can be used to prove what you’ve spent on medications, travelling to hospital appointments, and other aspects of care you require
- Bank statements can provide evidence of money you’ve spent hiring someone to help care for you
Speak to our team if you have questions about the financial losses you may be able to recoup through special damages after a successful misdiagnosed cancer claim.
Is There A Medical Negligence Claim Time Limit?
As per The Limitation Act 1980, a claim needs to begin either within three years of the date medical negligence occurred or three years of the date of knowledge. The date of knowledge would be the date you connected the harm you experienced with medical negligence.
There are exceptions to these time limits. Speak to our team to find out more about the time limits you should consider when claiming for cancer that was misdiagnosed as fibromyalgia.
Our Panel Of Medical Negligence Solicitors Can Work Your Case On A No Win No Fee Basis
The medical negligence solicitors on our panel can work under a kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This type of agreement allows you access to the services of a legal representative without paying them upfront or as the claim progresses.
If your claim fails and you do not receive compensation, you typically wouldn’t have to pay the solicitor for their services. By contrast, if your claim succeeds, your solicitor will deduct a limited percentage from your overall compensation amount. This is legally capped, so you will never be overcharged.
Contact Us For Free To See If You Could Recieve A Cancer Misdiagnosis Payout
You can contact our team anytime to get a free consultation about claiming after your cancer was misdiagnosed as fibromyalgia. During this conversation, a member of our team could give you advice and a more personalised estimate of your potential compensation. Furthermore, they can tell you about the medical negligence claims process. Get more information today:
- Fill out the Contact Us form on our website
- Call us on 0113 460 1216
- Chat with our team using the live chat feature below
Learn More About How To Claim If Your Cancer Has Been Misdiagnosed As Fibromyalgia
Learn more about misdiagnosis claims using the guides below:
- Could I Claim If My Cancer Has Been Misdiagnosed As Kidney Stones
- When Can I Claim For Thyroid Cancer Misdiagnosis?
- Can I Claim If My Cancer Has Been Misdiagnosed As Adenomyosis?
Alternatively, you may find these external links useful:
Contact us to learn more about whether you could claim if your cancer was misdiagnosed as fibromyalgia.
Writer Louis Pocket
Publisher Fern Smith
