By Lewis Winehouse. Last Updated 17th July 2023. In this guide, we explore how you could claim for a head and neck cancer misdiagnosis and what eligibility criteria you will be expected to meet in order to do so. Additionally, our guide look s into the time limit you should adhere to and the factors that could impact how long you have to start a claim.
Moreover, we explain the evidence that will be significant in supporting your claim. The potential causes of a cancer misdiagnosis are also discussed within our guide. You may wonder what the average payout is for cancer misdiagnosis; this guide will look at how settlements are valued and the amount you could receive.
Head and neck cancer misdiagnosis claims guide
Furthermore, we highlight the differences between the types of compensation you could claim. Lastly, our guide looks at how a No Win No Fee agreement may interest you when making your claim with the help of a lawyer.
Please continue reading our guide on cancer misdiagnosis to learn more about how you could claim. You can also contact one of our team’s advisors to receive legal advice and further discuss your options to claim.
To reach us, please do so by using one of the following methods:
- Call us on 0333 000 0729
- Contact us by completing our online form
- Refer to our live support feature to chat with an advisor
Jump To A Section
- How To Claim For Head And Neck Cancer Misdiagnosis
- How To Prove Medical Misdiagnosis Claims
- What Could Cause Cancer Misdiagnosis?
- What Is The Average Payout For Medical Negligence In The UK?
- Head And Neck Cancer Misdiagnosis Claims – No Win No Fee
- Learn More About Claiming For The Misdiagnosis Of Cancer
How To Claim For Head And Neck Cancer Misdiagnosis
To begin, if you have experienced a head and neck cancer misdiagnosis, you could be eligible to make a claim. To do so, you must have been owed a duty of care by the medical professional which they breached, causing you unnecessary harm.
In some cases, harm will occur even when a medical professional provides the right standard of care. For example, if you’re diagnosed with cancer, then you may need to undergo chemotherapy. This can cause harm in the sense that it can make you lose your hair, damage your teeth and make you sick. However, it’s necessary to treat cancer, so you would be unable to claim.
All medical professionals automatically owe their patients a duty of care. This means that they need to provide a level of care that doesn’t fall below a minimum standard. If they do, and a patient is harmed unnecessarily as a result, then this is an example of medical negligence. You may be able to claim; speak with our team for guidance.
Medical Negligence Claim Time Limits
The time limit to make a medical negligence claim for a head and neck cancer misdiagnosis is generally three years from:
- The date of medical negligence.
- The date you first became aware that the harm you had experienced was a result of medical negligence.
However, there are exceptions to the time limit set out in the Limitation Act 1980:
- The time limit is paused for a child under the age of 18. It will reinstate from the date of their 18th
- The time limit is indefinitely paused for a person lacking the mental capacity to make their own cancer misdiagnosis compensation claim. If they regain their mental capacity, the time limit will start from the recovery date.
An appointed litigation friend can make the claim on the person’s behalf in both circumstances mentioned above.
If you have any other questions regarding the medical negligence claim time limit, our advisors are free to talk to and can be contacted 24/7.
How To Prove Medical Misdiagnosis Claims
If you are eligible to claim for a misdiagnosis of neck and head cancer, you will need evidence to support your claim. The types of evidence that could be useful in supporting your case could include:
- Your medical notes, describing when you sought help for your symptoms, and what advice and treatment was given to you.
- The contact details of any witnesses who could be approached for a statement to support your claim. This could include friends and family who were with you at your appointments.
- Any scans or test results related to your symptoms of head and neck cancer.
- Documentation of any financial expenses caused by your misdiagnosis.
When gathering evidence for a medical misdiagnosis claim, it may be useful to consider getting a solicitor to help you. If you would like to ask us any questions about evidence that could be useful in supporting your claim, or how else a solicitor could help, you can contact an advisor at any time.
What Could Cause Cancer Misdiagnosis?
There are various ways that a medical misdiagnosis could happen. We have included some of these in the list below:
- A doctor fails to listen to your symptoms, causing them to make an incorrect diagnosis.
- Your scan is misread
- A doctor fails to refer you for additional testing on which a diagnosis could be based
- The wrong test results are mixed up with yours. You could then be given the wrong medication as you’re treated for the incorrect condition.
- If a doctor does not conduct the relevant tests.
The medical professional must have acted negligently for you to have grounds to claim. Speak with a member of our team today for free legal advice and guidance.
What Is The Average Payout For Medical Negligence In The UK?
You may wonder what payout you could receive if your misdiagnosis claim is successful. Your claim could consist of a head of claim called general damages. This covers the pain and suffering you have experienced.
When valuing the injuries and harm you sustained, solicitors may review the Judicial College Guidelines to help them. These provide compensation brackets for different injuries of various natures. However, the amounts are not definite and should only be used as a guide.
| Injury | Severity | Notes | Value |
|---|---|---|---|
| Brain Damage | Very Severe | There is an ability to follow basic commands but there is little if any response to the environment that is meaningful. | £282,010 to £403,990 |
| Brain Damage | Moderately Severe | There is serious disability and a substantial dependence on others, such as a requirement for constant professional care. | £219,070 to £282,010 |
| Brain Damage | Less Severe | There has been a good recovery and their social life has returned to normality involving employment. | £15,320 to £43,060 |
| Lung Disease | Serious | Involving a young person who is seriously disabled and the likelihood of the condition worsening is high as is the probability of a premature death. | £100,670 to £135,920 |
| Lung Disease | Severe | Lung cancer usually in an older person causing severe pain and having an impact on function and their life quality. | £70,030 to £97,330 |
| Facial Disfigurement | Very Severe | In someone who is relatively young and the cosmetic impact is disfiguring. | £29,780 to £97,330 |
| Facial Disfigurement | Less Severe | Substantial disfigurement, significant psychological reaction. | £17,960 to £48,420 |
| Loss of Smell | Total | Complete loss of smell | £24,990 to £32,900 |
Expenses Covered By Special Damages
Another head of claim you could receive is special damages. These aim to restore you to the financial position you were in before your injuries by compensating you for your monetary losses.
Examples of these losses and the evidence you could provide in support of special damages include:
- Payslips to show a loss of earnings.
- Bank statements to illustrate the cost of any home adjustments.
- Invoices to show the cost of care incurred
A solicitor from our panel could help you collect these pieces of evidence to strengthen your claim. Speak with a member of our team today to see if you could be connected with a legal representative.
Head And Neck Cancer Misdiagnosis Claims – No Win No Fee
When making a medical negligence claim, you may choose to work with a solicitor offering a No Win No Fee agreement, A popular type of this arrangement is a Conditional Fee Agreement. It means that you will not pay for the work your lawyer has done if you’re not paid compensation, nor will you pay any upfront or ongoing fees.
With this agreement in place, your solicitor will take a success fee if your claim is successful. This is a deduction of your compensation. The percentage they are allowed to take is legally capped by the Conditional Fee Agreements Order 2013. The proportion will be discussed between yourself and your solicitor before entering into the agreement.
Please contact us for more information about the percentage that No Win No Fee solicitors take. Our advisors can offer you free legal advice that can be advantageous to your claim. To reach us, please don’t hesitate to use contact details listed below:
- Call us on 0333 000 0729
- Contact us through the submission of our form
- Refer to our live chat to receive support
Learn More About Claiming For The Misdiagnosis Of Cancer
Thank you for reading our guide on how to claim for a head and neck cancer misdiagnosis. For more of our guides, please visit the links below:
- How To Make A Wrongful Death Medical Negligence Compensation Claim
- Walk-in Centre Negligence Claims No Win No Fee Claims Guide
- GP Negligence Claims
For further information, please explore the external resources:
- Statutory Sick Pay – Government Guidance
- Cancer – NHS
- Care After A Hospital Stay – NHS
