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Advice On Cancer Misdiagnosis Claims
Learn who could make cancer misdiagnosis claims and how we could help you.
£90 million in compensation
Advice On Cancer Misdiagnosis Claim
Learn who could make cancer misdiagnosis claims and how we could help you.
Cancer Misdiagnosis Claims | How Much Compensation?
If you’ve experienced a cancer misdiagnosis, we appreciate that it can be a challenging experience with potentially serious consequences. A misdiagnosis of cancer as a different condition can lead to a delayed diagnosis, resulting in aggressive treatment at a later stage. As such, please read our useful cancer misdiagnosis claims guide and learn when you could be eligible for compensation.
Key Takeaways
- A cancer misdiagnosis can result in delayed treatment, a lower chance of survival, unnecessary treatment and emotional distress.
- The most common cancers are typically breast cancer, prostate cancer, lung cancer and bowel cancer.
- A cancer misdiagnosis may occur due to a healthcare professional failing to take your concerns seriously, misinterpreting test results and failing to refer you for further testing.
- If you’ve lost a loved one to a cancer misdiagnosis, you could claim for their funeral expenses and the impact of their death.
At JF Law, our group of friendly advisors are here to help you if you’ve experienced a misdiagnosis of cancer. As part of the free services we offer, you could receive an eligibility assessment to look at the merits of your claim. If your claim is strong, you could be connected with one of our expert No Win No Fee solicitors to start your cancer misdiagnosis claim. Our team of experienced solicitors have decades of experience in prioritising the health and well-being of clients who have suffered substandard treatment. To start your claim today, please get in touch with our helpful team:
- Call us on 0151 375 9916
- Contact us by filling out our online form
Who Can Make Cancer Misdiagnosis Claims?
Those who have suffered unnecessary harm due to the negligent care of a medical professional could make cancer misdiagnosis claims. Therefore, the following criteria must be fulfilled:
- A healthcare professional owed you a duty of care
- A healthcare professional breached this duty of care
- You suffered avoidable harm as a direct result of the breach
All healthcare professionals owe a duty of care to their patients to provide the minimum expected standard of care when providing treatment. As such, healthcare professionals should give the correct medical advice and assess patients’ concerns and symptoms seriously as part of their duty of care. Therefore, you could make a medical negligence claim if you’ve suffered harm due to substandard medical treatment, such as a cancer misdiagnosis.
You could also make a claim on behalf of a loved one by assuming the role of a litigation friend. Typically, as parents, guardians or close family members, litigation friends work to direct proceedings on behalf of loved ones by performing the following duties:
- Making decisions in the best interests of the claimant
- Corresponding with a solicitor
- Updating the claimant about the ongoings of the claim where possible
You can therefore claim on behalf of a loved one who is either:
- A child under the age of 18, or;
- A person who is lacking in mental capacity
Please keep reading our useful guide to learn the claim time limits in the above scenarios. If you have any questions, please don’t hesitate to contact one of our friendly advisors.
Can Cancer Misdiagnosis Claims Be Made Against The NHS?
Yes, cancer misdiagnosis claims can be made against the NHS provided that you can prove they were negligent, resulting in your harm. The duty of care placed on healthcare professionals extends to both the public healthcare system and private medical institutions.
Therefore, your claim would be made against the relevant NHS Trust where you received your cancer misdiagnosis, such as a hospital or GP surgery. The NHS Resolution was established to assess claims against the NHS, and is responsible for pay-outs in successful cases.
Please note that the NHS Resolution has separate funding dedicated to providing compensation pay-outs to claimants. Therefore, any claim that you make against the NHS will not directly impact the financing or resources of that specific institution.
Fatal Cancer Misdiagnosis Claims
You could make fatal cancer misdiagnosis claims if a loved one has sadly passed away due to substandard medical care.
Firstly, the estate of the deceased is the only party that can begin a claim within the first 6 months following death; this is set out by the Law Reform (Miscellaneous Provisions) Act 1934. Under this Act, the estate could claim for any physical pain and suffering, as well as financial losses experienced by the deceased until their death occurred. They can also make a claim on behalf of the dependents.
If the deceased’s estate does not claim on their behalf within these 6 months, the dependents can make their own claim for how the death has impacted them under the Fatal Accidents Act 1976.
Under this 1976 Act, a dependent can include:
- Children or descendants of the deceased, such as step-children
- A spouse or former spouse
- The current or former civil partner of the deceased
- Parents or ascendants of the deceased
- Someone who lived with the deceased as spouses for 2 years immediately prior to their death
To learn more about making a fatal cancer misdiagnosis claim on behalf of a loved one, please contact our advisory team today.
How Much Compensation Could I Get For A Cancer Misdiagnosis?
How much compensation you could get for a cancer misdiagnosis would depend on the severity of harm you suffered and whether this caused you to suffer any financial losses.
In successful cancer misdiagnosis claims, you could be awarded general damages as part of your settlement. In essence, general damages will aim to compensate you for any physical and mental pain and suffering you may have experienced due to the medical negligence.
Typically, the Judicial College Guidelines (JCG) are used by legal professionals when assigning values to types of harm. For instance, a solicitor could use this publication along with your medical report to provide you with an estimated compensation figure. This is because the JCG lists guideline compensation brackets for different illnesses and injuries.
All entries in the table below, aside from the first figure, have been taken from the JCG. It must be emphasised that the figures are merely guidelines and do not guarantee how much you could receive.
| Harm | Notes | Estimated Compensation Pay-out |
|---|---|---|
| Multiple serious forms of harm with financial losses | More than one type of harm with special damages such as loss of earnings | Up to £1,000,000+ |
| Severe Kidney Damage a) | A serious and permanent damage to both kidneys, or a loss of both kidneys | £206,730 to £256,780 |
| Kidney Damage b) | Where there is a large risk of future urinary tract infections. Such cases will carry substantial future medical expenses. | Up to £78,080 |
| Total Loss of Reproductive Male Organs | The level of award will depend on the effect on fertility, hormonal effects and medical complications | In excess of £187,790 |
| Bowel Damage a) | A loss of function of the bowels and dependence on colostomy, depending on your age. | Up to £183,190 |
| Lung Disease a) | For a younger person with serious disability with a probability of worsening condition leading to premature death. | £122,850 to £165,860 |
| Seriously Impaired Control of the Bladder | A serious impairment of control with some continuing pain and incontinence. | £78,080 to £97,540 |
| Spleen Damage a) | The loss of spleen where there is a risk of internal infections and disorders. | £25,380 to £32,090 |
| Hernia Damage a) | Continuous pain and limitation on physical activities, sport and employment | £18,180 to £29,490 |
For an in-depth assessment of your personal experience, please contact our team today.
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How Will Compensation Help Me After A Misdiagnosis Of Cancer?
After a misdiagnosis of cancer, compensation could not only help you feel a sense of justice after receiving substandard medical treatment, it could also help you with any financial losses you have suffered.
You could receive special damages as part of your settlement, which provides reimbursement for financial losses you suffered due to your harm. For instance, you may have paid for long-term counselling costs out of your own pocket.
Please see the following examples of special damages that you could include in your claim:
- Loss of earnings, such as loss of a bonus, loss of overtime and loss of current or future income
- Medical expenses, such as private medical appointments and prescription costs
- Travel expenses to and from appointments, such as fuel and public transport costs
- Care costs, such as child or elderly care, you may have hired
- Home modification costs such as wheelchairs, hoists and stairlifts
Crucially, you should also provide evidence to support your special damages, such as:
- Receipts
- Invoices
- Payslips
- Bank statements
You could also apply to the court to receive an advance on your compensation, otherwise known as interim payments. To learn more about this, please contact one of our friendly advisors today.
How Might Medical Negligence Lead To Misdiagnosed Cancer?
There are many situations where medical negligence might lead to misdiagnosed cancer, such as:
- A GP could misdiagnose a person with a chest infection, due to not taking their symptoms seriously. As a result, the patient could later find out that they were suffering from lung cancer, resulting in delayed treatment and serious harm to their lungs.
- A consultant could misinterpret the results of an abdominal scan and misdiagnose a patient with irritable bowel syndrome. Instead, the patient could later find out that they had colorectal cancer, leading to organ damage, invasive treatment and psychological harm such as PTSD.
- A patient could present symptoms of a breast lump and itchiness to her doctor, but could be misdiagnosed with a benign fibroadenoma. As a result, the doctor could fail to refer the patient for further testing and mammograms. Consequently, the patient could later find out that she was experiencing stage 3 breast cancer, leading to a worsened condition and depression.
Please note that the above list is not exhaustive, and cancer misdiagnosis could occur in numerous ways.
To see if you could claim compensation for your specific incident, you can contact one of our advisors.
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What Are The Implications Of Cancer Being Misdiagnosed?
A cancer misdiagnosis could result in many significant complications and health risks due to the serious nature of cancer. No matter what stage cancer may be, it’s essential that treatment is arranged for the immediate future due to the rapid rate at which it can spread. Therefore, a cancer misdiagnosis could unfortunately result in the following circumstances:
- Delayed diagnosis, leading to delayed treatment, may lower your chances of the treatment being as effective
- A lower chance of survival
- Limited care and treatment. For instance, some later-stage cancers may prohibit chemotherapy due to weakness
- Unnecessary treatment, leading to future complications
- Emotional distress
Please contact one of our friendly advisors today to discuss making a cancer misdiagnosis claim for harm that you suffered.
What Types Of Cancer Can I Claim Misdiagnosis Compensation For?
There are various types of cancers you could claim misdiagnosis compensation for, such as:
- Breast cancer. This is most commonly misdiagnosed as a benign tumour, a cyst or swollen lymph nodes
- Lung cancer. This type of cancer is most commonly misdiagnosed as a common cold, bronchitis or asthma
- Skin cancer. This is most commonly misdiagnosed as a rash or contact dermatitis
- Lymphoma. This is most commonly misdiagnosed as autoimmune diseases such as lupus and Lyme disease
- Pancreatic cancer. This type of cancer can be misdiagnosed as a stomach ulcer or irritable bowel syndrome
- Thyroid cancer. This can be misdiagnosed as swollen lymph nodes, a cyst or general tiredness and fatigue.
- Cervical cancer. This may be misdiagnosed as a cyst or endometriosis.
Please note that the above list is not limited to all types of cancer misdiagnosis claims. To discuss your unique cancer misdiagnosis experience, please get in touch with our helpful team today.
How Long Is The Cancer Misdiagnosis Claim Time Limit?
You will typically have up to 3 years to make cancer misdiagnosis claims; this is set out by the Limitation Act 1980. Please note that the time limit for medical negligence claims commences from:
- The date the medical negligence happened, or;
- The date of knowledge. In essence, this refers to the date that you realised the harm you’re suffering is due to the substandard care of a healthcare professional.
Moreover, there are two exceptions to the above limit as per the 1980 Act:
- If the claimant is a child, they will be required to wait until their 18th birthday to claim. From this date, the 3-year time limit will commence.
- If the claimant lacks mental capacity, the time limit will freeze for an indefinite period. If the claimant were to ever regain their mental capacity, the 3-year time limit will commence from this date.
As previously mentioned, you could claim as a litigation friend on behalf of a loved one in both situations above. To learn more about making cancer misdiagnosis claims on behalf of loved ones, please get in touch with our advisory team today.
How Can I Prove My Cancer Was Misdiagnosed As A Result Of Negligence?
You can prove that your cancer was misdiagnosed as a result of negligence by providing sufficient evidence of the harm you suffered and how a medical professional was liable.
Therefore, you could provide the following forms of evidence to support your claim:
- Contact details of any potential witnesses who could support your version of events at a later date
- Your medical records that detail any diagnoses, the harm you suffered and any treatments
- X-rays, scans and test results that show your cancer misdiagnosis
- Correspondence between yourself and the institution where you received your medical treatment
- A daily symptoms diary that details the level of harm you experienced and its impact
- Photographs and videos of visible harm you suffered
If you’re connected with one of our specialist solicitors, they could help to collect evidence on your behalf to ensure a smoother claims process.
To learn more about the types of evidence you could provide, please contact one of our friendly advisors today.
No Win No Fee Cancer Misdiagnosis Claims
At JF Law, our advisors work around the clock to answer any questions you may have about cancer misdiagnosis claims. Following a free case check, you could also be connected with one of our experienced No Win No Fee solicitors to help start your claim. By operating under a Conditional Fee Agreement (CFA), you could enjoy the following:
- No fees for your solicitor’s services at the start of your claim, or as it progresses
- In the event that your claim is unsuccessful, you won’t be required to pay any solicitor’s service fees
- If your claim is successful, you will instead be required to pay a small success fee for your solicitor’s work. The success fee percentage is capped by law and will be subtracted from your compensation. As a result, you’ll always receive the bulk of your payout.
Moreover, please see the following benefits you could receive from one of our specialist solicitors at JF Law:
- Advice on your claim that strictly adheres to the rules of confidentiality
- Consistent claim updates so you always know where it stands
- Arrangements of physiotherapy or counselling to aid any ongoing harm
- Explanations of key legal terminologies
- Help with signing documents
- Assistance with evidence-gathering such as obtaining medical reports and witness statements
- Negotiating a settlement with the third party that best reflects the pain and suffering you experienced
To learn more about how CFAs could benefit you, please get in touch with one of our advisors today.
Contact JF Law’s Specialist Solicitors
Our friendly advisors are available 24 hours, 7 days a week, to answer any questions you may have about cancer misdiagnosis claims. To start your claim today, please feel free to contact us:
- Call us on 0151 375 9916
- Contact us by filling out our online form
Learn More
To learn more about medical negligence claims, please see some of our other guides:
- Learn about how to make pressure sore claims
- See the following advice on pregnancy negligence claims
- Get help with making an endometriosis negligence claim
Additional external resources:
- Learn about the symptoms of cancer from the NHS
- Learn about managing sick leave and return to work from HSE
- Get help with claiming for statutory sick pay from the Gov.uk
Thank you for reading our useful guide on cancer misdiagnosis claims.
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