This guide examines cancer misdiagnosis claims. It can help those who suffered due medical negligence claim compensation. We’ll cover a wide range of topics to help you seek damages from health practitioners who failed to diagnose and treat your cancer by not complying with expected standards of care.
Cancer is a serious and potentially life-threatening disease that can spread throughout the body if not diagnosed and treated promptly. Certain types of cancer can return or be difficult to spot. With this in mind, the medical professionals involved in care must approach diagnosing cancer very carefully.
This guide will start by looking at common causes of cancer misdiagnosis and who could launch a compensation claim based on them. We also explain how medical negligence compensation could be calculated and what evidence might help support a claim after a misdiagnosis left you harmed.
Our final section looks at the advantages of working with a solicitor from our panel to organise and launch a compensation claim. Please read on to learn more about cancer misdiagnosis claims. Or start now by discussing your case with our advisory team for free, impartial guidance:
- Call on 0333 000 0729
- See if you can start a claim online by submitting your details here.
- Ask a question in the discussion box below.
Jumpt To A Section
- How Much Compensation For Cancer Misdiagnosis Claims
- Common Causes Of Cancer Misdiagnosis
- The Impacts Of Cancer Misdiagnosis
- How To Make Cancer Misdiagnosis Claims
- Can I Make A Cancer Misdiagnosis Claim On A No Win No Fee Basis?
- More Information
How Much Compensation For Cancer Misdiagnosis Claims
The total compensation awarded in successful cancer misdiagnosis claims can be drawn from two areas called general and special damages. General damages acknowledge the level of pain and psychological distress experienced. It also applies an amount for any long-term disability caused and what damage was done to the overall quality of the patient’s life.
To arrive at a figure for this, those involved in valuing claims use medical evidence that has been submitted. They may also confer with publications like the Judicial College Guidelines (JCG). This is a compendium of injuries based on severity and provides award bracket guidelines based on successful medical negligence claims in the past. The excerpt illustrates some typical entries for cancer-related harm:
Compensation Guidelines
| INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Several forms of harm and Special Damages Awards | Serious | Up to £1 million plus. | Cases here involve more than one type of harm, as well as special damages for care provision and lost earnings. |
| Brain Damage | (a) Very Severe | £344,150 up to £493,000 | Severe and permanent instances of disability giving rise to complete reliance on others for professional care. |
| Kidney | (a) Serious | £206,730 up to £256,780 | Cases where there is permanent damage and/or lost function to both kidneys. |
| Bowels | (b) Total loss | Up to £183,190 | Where lost natural function occurs and there is a dependence on colostomy (depending on age). |
| Bladder | (b) Function loss | Up to £171,680 | Examples of complete lost function and control of the bladder. |
| Lung | (b) Serious | £122,850 up to £165,860 | Cases where a worsening of the condition indicates risk of premature death. |
| Lung | (b) Lung Cancer | £85,460 up to £118,790 | Examples in an older person where pain is severe and impacts both function and life quality. |
| Digestive System | (b) Non-traumatic (i) | £46,900 up to £64,070 | Instances of severe toxicosis leading to vomiting, diarrhoea, fever and hospital admission. |
| Spleen | (a) Complete loss | £25,380 up to £32,090 | Instances of spleen loss with compromised immunity thereafter. |
| Psychological Damage | (b) Moderately Severe | £23,270 up to £66,920 | Where the person suffers a serious and long-standing psychological injury, although future prognosis is improved. |
As you look at these amounts, please note that every cancer misdiagnosis claim has factors that set it apart. Therefore, any compensation awarded will differ. These are guidelines only, so for a more accurate and personalised assessment of compensation, speak to us first. Also note that the figure in the top row was not taken from the JCG.
Taking Special Damages Into Account
The second component of successful compensation awards can be special damages. These reflect the financial losses the person has suffered because of the misdiagnosis, incorrect treatment or other related issues. Documented proof is always needed to back up a claim for special damages such as the following:
- Payslips or bank statements showing a loss of earnings caused by time off work because of the misdiagnosis.
- Receipts and tickets for travel expenditures to appointments.
- Proof of payment to anyone who gave domestic support (cooking, cleaning and shopping).
- Evidence of additional costs for private medical treatments.
Other eligible amounts may apply under special damages and when calculated correctly, future predicted costs can be included in the claim. Our panel of solicitors are experts at ensuring clients receive every penny that is owed to them, so why not see if they could help you? Call today.
Common Causes Of Cancer Misdiagnosis
A cancer misdiagnosis claim could be based on several scenarios. Therefore, medical negligence must be demonstrated using the following method:
- The healthcare provider treating you had a specific duty of care.
- They failed to meet the expected professional standards and you suffered unnecessary harm because of this.
Not every example of illness is medical negligence and cancer can spread and return despite the best levels of care. Also, not every claim leads to compensation, so it’s useful to check with our expert team now to see if you have grounds to proceed. Next, we look at some common examples of cancer misdiagnosis:
Failure To Interpret Test Results
This may result when a GP or medical professional lacks the training or experience to read test results correctly. For example, if they fail to recognise a blood test indicating that cancer is returning or spreading, a wrong cancer diagnosis can be given and incorrect treatment recommended. Both might significantly impact the health of the patient.
Administrative Errors
The staff at an NHS Trust or private clinic need to ensure patient notes are updated regularly and correctly. It’s vital to ensure medications and treatments are related to the correct patient and that changes are responded to accordingly. Failure to stay on top of administrative tasks and other hospital negligence in admin can lead to the wrong care and create future harm or illness.
Delayed Diagnosis
Given how time-sensitive cancer treatment needs to be, a delayed diagnosis could allow the condition to get a foothold in a patient. Failure to respond promptly could also disrupt treatment schedules and damage recovery. In worse cases, it could create potentially life-threatening problems. Other oversights and errors can result in causing harm such as failing to spot complications quickly or acting slowly on radiology diagnostics.
As stated, healthcare providers are bound by strict codes of professional conduct. If you think a GP, doctor or specialist failed to deal with your cancer diagnosis correctly in any way, speak to us about your options to sue the NHS or a private clinic for compensation.
The Impacts Of Cancer Misdiagnosis
The impact of a cancer misdiagnosis can have far-reaching consequences for the patient, such as:
- An increased risk of toxicosis, allergic reactions or other side effects to the incorrect medicine or combinations of drugs.
- An increase in the risk of invasive treatments such as surgery, radiotherapy or chemotherapy that would have been avoidable had correct care been given.
- The failure to receive cancer treatment at all, allowing it to become aggressive, progress further and become harder to treat.
- The cancer could progress to an untreatable stage, thereby directly threatening the patient’s life expectancy.
- Creating considerable psychological anguish.
All these examples could form valid grounds to a start medical negligence claim. Speak to us about the impact misdiagnosis had on you.
How To Make Cancer Misdiagnosis Claims
There are two aspects to constructing cancer misdiagnosis claims that are useful to understand, namely evidence and time limits. We deal with each one in a sub-heading next:
What Evidence Do I Need To Make A Claim?
It’s important to gather evidence that proves the medical professional fell short of the expected standards of care and that this resulted in you being harmed. With this in mind, the following may be available to you:
- Medical records that indicate the dates that you were diagnosed and what treatment was recommended.
- Packaging for any wrong medication.
- Copies of X-rays, blood test results, scans and other proof of medications required.
- Reports from any specialists about your treatment and cancer prognosis.
- The contact information for others who may have witnessed the negligent care. Should you appoint a solicitor to handle your claim, they can obtain supporting statements from these people after the claim has started.
- Photos of visible harm.
Time Limits And How Long It Can Take To Get A Cancer Misdiagnosis Payout
The Limitation Act 1980 states that there is a three-year time frame in which to begin a medical negligence claim for compensation. This can begin from the date of injury. Or more typically in cancer misdiagnosis claims, from the date when you were reasonably expected to have connected negligent care as the cause of harm. Time limits may alter, for example:
- Minors cannot launch a claim themselves and they are allotted three years to claim after they turn 18.
- Those without the sufficient mental capacity to manage their own affairs are not subject to a time limit unless capacity returns. Upon which they have three years from the date of recovery to claim.
- Both groups have the option to start a claim immediately using a litigation friend. Allocated by the courts, this is often a family member who assumes the duties of the claim for them.
Once begun, there’s no time limit in which a medical negligence claim must conclude. Certain factors might influence how long it takes to actually receive compensation:
- The complexity of the harm and what treatment or recovery is predicted.
- Waiting for reports from specialists or witness statements.
- If the health trust or clinic concerned is disputing their liability.
- The general workload of the court hearing the claim.
A skilled solicitor from our panel could help you navigate these potential obstacles. Take a moment to call the team and see if they might handle cancer misdiagnosis claims with you.
Can I Make A Cancer Misdiagnosis Claim On A No Win No Fee Basis?
Not all solicitors offer No Win No Fee terms to their clients but our panel does. Often, they will use a Conditional Fee Agreement (CFA) which has a host of benefits to the person seeking compensation. Under a CFA, you can expect the following:
- No solicitors fees upfront.
- No fees owed for work performed on the cancer negligence claim going ahead.
- No solicitors fees owed for completed services should the claim fail.
- A successful claim outcome means the solicitors deduct a small percentage from the compensation. This ‘success fee’ is agreed in advance between you and the solicitor.
- Importantly, a legal cap also restricts this amount and ensures that the person claiming benefits the most.
How Can Legal Helpline Help With My Medical Negligence Claim?
In addition to providing a way to access legal services without upfront or ongoing costs, the solicitors on our panel can help in a number of other ways:
- The solicitors will calculate your compensation much more accurately and fight for every penny owed to you.
- They will gather witness statements and compile evidence alongside you.
- They will deal with the often complex Pre-Action Protocol involved in medical negligence claims.
- You’ll get regular updates on the claim and professional support throughout the entire claims process.
You could access excellent care like this with your claim. Call our team for a free, no-obligation assessment today and they can take it from there. You may need to concentrate all your energy on your recovery right now, so why not see if our panel of solicitors could help you?
- Call for free on 0333 000 0729 about your cancer misdiagnosis compensation claim.
- See if you can start a claim online
- Ask a question in the discussion box below.
More Information
In addition to this guide on making cancer misdiagnosis claims, these other resources might be helpful:
- Here we look at stomach cancer misdiagnosis claims.
- Also, claims for testicular cancer are looked at here.
- Read what the average payout in a cancer claim might be
External resources on this topic:
- Here is help from Cancer Support UK.
- Also, Macmillan Cancer Support offers useful information.
- This link to the NHS cancer overview page may be useful.
In conclusion, we appreciate your interest in our guide about starting cancer misdiagnosis claims. Advisors can answer any questions and offer more information if you want to get in touch.
