Last updated 20th November 2024. Cancer is a time-bound disease. It develops through different stages, getting progressively worse at each stage, making it more difficult to treat.
The disease can also spread around the body to other organs if it is not treated. GPs and hospital oncologists take the symptoms of cancer very seriously. If a patient is suffering from possible symptoms of cancer, they will normally be referred to get a diagnosis as soon as possible.
However, incidents of medical negligence do happen, leading to a misdiagnosis of cancer. If a patient’s cancer goes untreated and worsen over time due to negligence on the part of a GP, oncologist, or another medical practitioner, the patient could make a medical negligence claim for compensation.
In the circumstances that a next of kin such as a parent, spouse or child dies because their cancer was misdiagnosed, you may be able to claim compensation on their behalf.
To see if you are owed compensation for missed or late diagnosis of cancer, call Legal Helpline today on 0333 000 0729 for your free medical negligence claims consultation. We will speak to you in-depth about your ordeal and advise you on your legal rights.
Jump To A Section
- A Guide To Misdiagnosed Cancer Compensation Claims
- What Is Misdiagnosed Cancer
- Cancer Treatment Duty Of Care
- Reasons Why Cancer May Be Misdiagnosed
- How Severe Can Misdiagnosed Cancer Be?
- What Are The Effects Of Misdiagnosed Cancer On Healthcare Outcomes?
- Misdiagnosed Cancer Claims Against The NHS
- Late Diagnosed Cancer Claims
- Cancer Misdiagnosis Claims – Compensation Examples
- Special Damages Claimable If Harmed By Negligent Medical Care
- Steps To Take If Your Medical Condition Was Misdiagnosed
- Why Select Legal Helpline For Your Medical Negligence Claim?
- No Win No Fee Misdiagnosed Cancer Compensation Claims
- Begin A Cancer Misdiagnosis Claim
- Resources For Medical Misdiagnosis Claimants
A Guide To Misdiagnosed Cancer Compensation Claims
Cancer is an illness that worsens over time. If a patient gets a timely diagnosis, their cancer might be treatable with an operation rather than more aggressive forms of treatment. However, labelling cancer with a wrong diagnosis or diagnosing at too late a stage might mean the difference between the patient surviving the disease and not surviving it.
In this guide to cancer misdiagnosis claims, we will explain what medical negligence is and what duty of care doctors and other medical professionals have towards their patients. We will look at what errors could lead to a misdiagnosis of cancer and what the consequences of that can be for patients. We will also advise you on how to make a No Win No Fee compensation claim against a private hospital or the NHS. This includes an explanation of how the average payout for cancer misdiagnosis is calculated.
Whether you have suffered because of misdiagnosed lung cancer, misdiagnosed breast cancer, misdiagnosed prostate cancer, misdiagnosed colorectal cancer, or any other type of cancer, you may be able to claim.
Call Legal Helpline today or make an online enquiry to reach us and begin your claim. You can reach our advisor by the details at the top of this guide.
What Is Misdiagnosed Cancer
Cancer is a disease where the body’s normal mechanisms to control cells stop working. Old cells do not die, and, instead, they grow out of control. In some cancers, new abnormal cells keep gathering until they form mass of tissue called a tumour. In others, there is no tumour, such as in leukaemia which is a cancer of the blood.
There are three main ways that cancer can be treated:
- Surgery is the least invasive form of cancer treatment. The tumour is cut out of the person’s body and hopefully will cease to spread or grow back. This is usually only possible if the cancer is caught at an earlier stage. If the cancer is diagnosed at a later stage, the patient will generally need radiotherapy or chemotherapy. In some cases, cancer may be untreatable.
- Chemotherapy is when chemicals are used to kill cancer cells.
- Radiotherapy is when x-rays are used to kill cancer cells.
Misdiagnosed cancer can occur when a diagnostic error is made, leading to an incorrect or delayed diagnosis of a patient’s cancer. An example would be a GP’s misdiagnosis of the symptoms of cancer and not referring the patient to a specialist department at a hospital. The hospital may also fail to correctly diagnose a patient’s cancer. We will look into how this can happen in more detail later.
Cancer Treatment Duty Of Care
All medical practitioners have a duty of care towards their patients. They are legally obliged to follow correct professional practices and provide patients with an adequate standard of care. If a medical practitioner fails to do so and the patient is harmed as a result, it is known as medical negligence. This includes failing to prevent harm and unnecessarily prolonging suffering. In such a case, the medical institution that the practitioner works is usually liable.
Is misdiagnosis a form of medical negligence? When a patient is showing symptoms of cancer, their doctors must take every reasonable step to ensure that the patient receives a correct diagnosis. This may include ruling out other possibilities. For example, a fatty deposit can appear similar to cancer but will be benign.
If a doctor gives a wrong diagnosis or misses a patient’s cancer because they made an error or did not follow correct procedures, this could be counted as medical negligence. Sometimes cancer misdiagnosis can happen because of administrative errors on the part of a hospital. For example, the test results of two or more patients are mixed up. This can also lead to a patient being falsely diagnosed with cancer.
To prove that a patient experienced clinical negligence leading to the misdiagnosis of cancer, a solicitor would have to provide evidence of the following:
- That they were a patient of the medical organisation in question.
- That the patient’s doctor failed to treat the patient competently, i.e. by missing their cancer.
- That the patient was injured (i.e. their cancer worsened as a result).
If you claim a cancer misdiagnosis settlement, your clinical negligence solicitor will be able to investigate to find evidence to support your claim.
Reasons Why Cancer May Be Misdiagnosed
There are a variety of reasons behind a possible misdiagnosis of cancer:
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- A patient goes to their GP complaining of symptoms which may be symptoms of cancer. The GP fails to recognise these symptoms and refer the patient to a specialised hospital department for the correct tests and diagnosis.
- A patient who is suffering from cancer is given the “all clear” by their doctor. This could be because the tests were not carried out correctly or the doctor has made an error. In some cases, it could be because the doctor failed to ask for a second opinion, or follow up on test results they were unsure of.
- Delayed diagnosis of cancer is when the patient is given a correct diagnosis, but their cancer diagnosis is delayed more than necessary. This can be due to institutional failings such as their appointment being postponed or doctors failing to treat the case with the urgency it required. As a result, the patient’s treatment will also be delayed.
- Diagnostic test errors are when a laboratory or radiology clinic gives a doctor inaccurate test results. This could be because of faulty equipment that had not been checked, administrative errors such as a patient’s test results getting mixed up, or human error. This may be judged as “vicarious negligence”, where the laboratory or clinic is judged to have acted negligently, not the doctor.
- The doctor fails to diagnose complications or related diseases. A doctor may correctly diagnose a medical condition, but fail to see that the patient is also suffering from cancer, which is likely to be the more serious illness.
How Severe Can Misdiagnosed Cancer Be?
If a doctor misdiagnoses cancer, the severity of their error can be measured using the Misdiagnosis Severity Score (MSS), ranging from 1 to 7. Several factors are considered when assessing the severity of a cancer misdiagnosis:
- The anatomical severity of the injuries caused.
- Considering whether or not the patient’s treatment would have differed if they received a correct diagnosis.
- The pain, suffering, morbidity, threat to life, or loss of life caused by the missed cancer incident.
- The risk of legal action being taken against the hospital or organisation responsible.
The MSS is helpful but is not an all-encompassing method for assessing the severity of a cancer misdiagnosis incident. A solicitor representing the injured party will also assess the impact on the claimant from a legal perspective, using their medical records and other information. This will be used to value the cancer misdiagnosis payout claim.
What Are The Effects Of Misdiagnosed Cancer On Healthcare Outcomes?
Medical malpractice involving misdiagnosed cancer may result in the patient being given the wrong treatment, which can have a toxic effect on the body or result in dangerous side effects.
Misdiagnosed cancer can also result in the patient not being treated at all. As a result, cancer can progress to a more aggressive stage, making it harder to treat. If a patient does not get the cancer treatment they need, they may need a more invasive form of treatment such as radiotherapy or chemotherapy. This could have been avoidable had their initial diagnosis been correct.
A patient’s cancer can also progress to a stage where it is untreatable or has spread around the body, leading to unnecessary death due to cancer misdiagnosis negligence.
Misdiagnosed Cancer Claims Against The NHS
In the United Kingdom, most people receive cancer care from the NHS (National Health Service). If cancer misdiagnosis made an NHS doctor, GP surgery, or hospital made your condition worse, you could make a claim against NHS Resolution (formerly the NHS Litigation Authority). This is an organisation that handles medical negligence claims against the NHS. The majority of these cases are settled out of court.
If an NHS doctor misdiagnosed your cancer or other failures in the NHS led to your cancer being misdiagnosed, trust Legal Helpline to help you claim a cancer misdiagnosis settlement from the NHS. Similarly, if your next of kin’s life was cut short because a doctor missed their cancer, we can help you to make a clinical negligence claim on their behalf.
Late Diagnosed Cancer Claims
Late diagnosis claims can still be made if a patient’s cancer was correctly diagnosed but only after unnecessary delays. A late diagnosis of cancer may result in delays to the patient getting the treatment they need, potentially causing their cancer to worsen over time.
Another form of medical negligence relating to cancer treatment is when staff in a hospital department are aware that a patient is suffering from cancer but do not treat the matter with enough urgency, perhaps cancelling appointments or treatment sessions. This can lead to unnecessary delays which can cause the patient’s condition to worsen over time.
If you wish to claim compensation for harm caused by the late diagnosis of cancer or delayed cancer treatment, contact Legal Helpline today using the details at the start of this guide.
Cancer Misdiagnosis Claims – Compensation Examples
A payout in a cancer misdiagnosis claim can be influenced by several factors:
- The degree to which your condition was made worse.
- Any distress you experienced as a result.
- Its effects on your quality of life or financial situation.
They could all be considered to help determine how much compensation you should receive. Your claim could involve general damages and special damages.
General damages will look at how the misdiagnosis may have affected you physically or mentally. The table below shows examples of how this type of compensation may be calculated. These figures have been taken from the Judicial College Guidelines, except for the first row.
| Body Part Affected | Severity | Guideline Compensation | Notes |
|---|---|---|---|
| Multiple Injuries with Special Damages | Very Severe | Up to £1,000,000 or more | Settlements may include compensation for very severe harm to multiple organs plus related costs, such as nursing care. |
| Brain | Moderate (iii) | £52,550 to £110,720 | Affects concentration, memory and ability to work is reduced, Limited dependence on others may be required. |
| Lungs | (a) | £122,850 to £165,860 | Usually where a young person's condition worsens to a premature death. |
| (b) | £85,460 to £118,790 | Function and of quality of life are severely affected. | |
| Kidney | (a) | £206,730 to £256,780 | Loss of or permanent damage to both kidneys. |
| (c) | £37,550 to £54,760 | Loss of or permanent damage to one kidney. | |
| Bowels | b) | Up to £183,190 | Dependent on colostomy equipment due to loss of function. |
| c) | In the region of £97,530 | Incontinence and urgency causing embarrassment and distress. | |
| Psychiatric Damage Generally | Severe | £66,920 to £141,240 | Poor prognosis. This category covers a (very) wide range of symptoms and effects on the patient. |
| Moderately Severe | £23,270 to £66,920 | Slightly better prognosis, but there will be long term effects. |
The amounts shown are not a guarantee of what you will receive, They are only to make resolving claims less complicated.
We give you more information about what else you could claim for below. Alternatively, a member of our team can give you more information about medical negligence claims if you get in touch.
Special Damages Claimable If Harmed By Negligent Medical Care
Your cancer misdiagnosis payout could also include special damages. They compensate for any additional expenses caused by the negligence in question. This may include such as the cost of any additional medical treatment needed to treat the patient’s cancer or the cost of travelling to hospital appointments. Special damages you may be able to claim include:
- Medical expenses.
- Travel expenses.
- Care expenses.
- Loss of income reimbursement.
Steps To Take If Your Medical Condition Was Misdiagnosed
To make a misdiagnosis of cancer claim, you will need to show a misdiagnosis led to wrongful treatment or delayed treatment, causing you harm as a result. Evidence that can be used will include medical records. If you are suing a private healthcare provider, information from your medical insurance provider may also be helpful.
If your medical condition worsened because of an incorrect diagnosis or late diagnosis of cancer, contact Legal Helpline today. If you have legitimate grounds to make a clinical negligence compensation claim, we can provide you with an excellent clinical negligence solicitor to handle your case.
Why Select Legal Helpline For Your Medical Negligence Claim?
Legal Helpline can provide you with in-depth advice about how to claim compensation for your injuries. If we can see that you are eligible to claim compensation, we can provide you with an experienced medical negligence solicitor to handle your case. Our panel of solicitors will guide you through the complexities of the legal system, debunking legal jargon along the way, and will push towards the maximum amount of compensation you could be owed.
Our panel of solicitors have decades of experience handling medical negligence claims and offer the option to making a No Win No Fee claim, meaning less financial risk for you.
No Win No Fee Misdiagnosed Cancer Compensation Claims
If you believe you are owed compensation for misdiagnosed cancer, you may be able to make a No Win No Fee claim. This means you won’t pay solicitor fees during the claim or if your case doesn’t succeed.
If your case is successful, your solicitor will deduct a small percentage of any compensation. This success fee and is legally capped and set out before the claim begins.
To learn more about the benefits of making a No Win No Fee claim, call Legal Helpline today.
Begin A Misdiagnosis of Cancer Claim
To begin your medical misdiagnosis compensation claim, call today on 0161 6969 685 or make an online enquiry. If you are eligible, we will assign a medical negligence solicitor to work on your claim right away. Call us today to begin your claim.
Resources For Misdiagnosis of Cancer Claims
- Our guide to claiming for hospital negligence resulting In death.
- Find out how much you could claim for pressure sores.
- Read all about ankle injury claims.
- Get further information on claiming prescription error compensation.
- What to if you were harmed by a stomach ulcer misdiagnosis.
External Resources on Misdiagnosis of Cancer Claims
- Cancer statistics from charity Cancer Research UK.
- Recent research in the BMJ on the causes for recent increases in pancreatic cancer reporting.
- Potential cancer symptoms to discuss with your GP according to the NHS.
Thank you for reading our guide on cancer misdiagnosis claims.
