By Lewis Winehouse. Last Updated 17th July 2023. In this guide, we discuss how to claim for a leukaemia misdiagnosis. We explore the eligibility criteria you will be expected to meet in order to seek compensation, including the time limits for starting a medical negligence claim for a cancer misdiagnosis.
Leukaemia Misdiagnosis Claims Guide
Additionally, we outline the standard of care that medical professionals must meet and how their failure to meet this could result in an incorrect diagnosis.
Furthermore, our guide looks into how a medical misdiagnosis could impact you and how a compensation payout can address the ways in which you have been affected.
To conclude, we discuss how you may be offered a No Win No Fee agreement if you choose to claim with the help of a solicitor from our panel. We also look into how these arrangements can benefit you.
Please continue reading for more information on the claims process. Alternatively, you can contact one of our advisors to receive advice and a free consultation about your claim.
To get in touch, you can do so by:
- Calling us on 0161 696 9685
- Completing our form to contact us
- Use our live feature to receive advice and support
Jump To A Section
- How To Claim For A Leukaemia Misdiagnosis
- How Could A Cancer Misdiagnosis Impact You?
- Evidence Needed For Leukaemia Misdiagnosis Claims
- Examples Of Leukaemia Misdiagnosis Payouts
- No Win No Fee Leukaemia Misdiagnosis Claims
- Find Out More About Medical Misdiagnosis Claims
How To Claim For A Leukaemia Misdiagnosis
You will be expected to meet the relevant eligibility criteria in order to claim for a leukaemia misdiagnosis. Medical professionals are required to provide you with the minimum standard of care. This is the duty of care they owe their patients.
In order to claim, you must be able to show that a medical professional breached the duty of care they owed you and you experienced unnecessary harm as a result. This amounts to medical negligence for which you could be able to seek compensation.
The Bolam Test can be used to evaluate the standard of care given by medical professionals. This is usually conducted by asking appropriately trained medical professionals if the care delivered deviated from the expected standard. The findings from this assessment can help to support your claim.
Medical Misdiagnosis Claim Time limits
The Limitation Act 1980 sets out time limitations in relation to starting a claim. When making your leukaemia misdiagnosis claim, generally, you will have three years from the date medical negligence occurred to begin your claim. However, exceptions can be made in certain circumstances.
To learn more about the exceptions and your eligibility to claim, please get in contact with our team using the number above.
How Could A Cancer Misdiagnosis Impact You?
Leukaemia is a cancer of the white blood cells. There are different types such as acute myeloid leukaemia (AML) or acute lymphoblastic leukaemia (ALL). A misdiagnosis of this type of cancer can have serious impacts, such as:
- Cancer spreading to other parts of the body. In the case of AML, it could spread to the spleen and brain. Also, in the case of ALL, it could spread to the brain and spinal cord, spleen and testicles.
- The requirement for more invasive treatment due to your cancer worsening.
- Being given the wrong treatment after receiving the incorrect diagnosis from your GP. For example, you may be given the wrong medication which causes complications as a result of GP negligence.
You may want to claim compensation for the effects you have suffered due to a medical professional’s failure to provide the correct level of care resulting in you experiencing avoidable harm.
Please get in touch with our team to find out whether you could be eligible to make a leukaemia misdiagnosis claim.
Evidence Needed For Leukaemia Misdiagnosis Claims
Having evidence to support your leukaemia misdiagnosis claim will be useful in helping you prove that medical negligence occurred. This evidence can include:
- Doctor reports
- Hospital reports
- Statement of diagnosis
- Treatment plan
- Prescriptions
You may also need to attend an independent medical appointment to produce a more in-depth report of the harm you suffered, which can be used to support your claim. A solicitor from our panel could assist you in collecting the evidence you require.
Examples Of Leukaemia Misdiagnosis Payouts
You may be wondering what the average payout for a cancer misdiagnosis is. However, it is difficult to provide a definitive figure because several factors will be considered when valuing your claim.
General damages are one head of claim that can form your overall payout. This compensates for the pain and suffering you have experienced due to medical negligence. Consideration is given to both the physical and emotional impact of the avoidable harm you sustained.
Solicitors may consult the Judicial College Guidelines to assist them in valuing the general damages portion of your claim. This document provides guideline compensation brackets for different types of harm. The figures are included in the table below, though it should be noted that the amounts are not guaranteed.
| Type of Harm | Notes | Guideline Compensation Bracket |
|---|---|---|
| Brain Damage | (a) Very severe: The person has some ability to follow basic commands and returns to a normal sleep pattern but they will need full time nursing care. | £282,010 to £403,990 |
| Brain Damage | (b) Moderate (i): An intellectual deficit of a moderate to severe nature, a change in personality and an effect on senses are symptoms present in this bracket. | £150,110 to £219,070 |
| Spleen | (a) The spleen is completely lost and there is an ongoing risk of internal infections and disorders because the immune system is damaged. | £20,800 to £26,290 |
| Spleen | (b) The risks in the above category are not present or are minimal. | £4,350 to £8,640 |
| Male Reproductive System | (f) Cases of an orchidectomy which involves a surgery to remove the testicles. There is a psychological impact but no loss of sexual function or impotence. | £20,070 to £22,580 |
How Are Special Damages Calculated?
Special damages are another head of claim you could receive as part of your payout. This compensates for the financial expenses you incurred due to medical negligence. Evidence can be useful when claiming for these losses. Examples of these losses and the evidence that can support these include:
- Payslips to illustrate a loss of earnings.
- Invoices to show the cost of at-home professional care you may require.
- Bus or train tickets to show the cost of travel.
For more information on the compensation you could be awarded following a successful leukaemia misdiagnosis claim, get in touch using the number at the top of the page.
No Win No Fee Leukaemia Misdiagnosis Claims
If you are eligible to make a leukaemia misdiagnosis claim, you might benefit from working with a No Win No Fee solicitor under the terms of a Conditional Fee Agreement. As per the terms of this contract, you typically won’t expect to pay a fee upfront or during the claims process for your solicitor’s work.
Furthermore, should your medical negligence claim fail, you aren’t expected to pay for your solicitor’s services. However, if you are awarded compensation for leukaemia misdiagnosis, a success fee is deducted by your solicitor. The percentage they take as this success fee is capped by law.
Our panel of specialist solicitors could work with you on this basis. To find out more, speak with our advisors at any time and they can arrange a free consultation.
You can find ways to get in touch with us below:
- Give us a ring on 0161 696 9685
- Fill out a form to contact us
- Make use of our live pop up feature for an instant response
Talk To Our Team About Your Claim
If you have any other questions relating to your potential leukaemia misdiagnosis claim, please contact our team, who can provide you with legal advice and a free consultation.
You can get in touch by:
- Calling us on 0161 696 9685
- Completing our form to contact us
- Using our live feature to receive advice and support
Find Out More About Medical Misdiagnosis Claims
Below, we have included more of our guides that you might find beneficial:
- Stroke Misdiagnosis Compensation – How To Make A Claim
- How To Make A Wrongful Death Medical Negligence Compensation Claim
- Walk-In Centre Negligence Guide
For extra resources, please explore the links:
- Acute Myeloid Leukaemia – NHS
- Good medical practice – General Medical Council
- NHS Constitution For England – GOV
Thank you for reading our guide on how to claim for a leukaemia misdiagnosis. If you have any other questions, please don’t hesitate to get in touch using the details provided above.
Written by EM
Edited by MMI