Advice On Making A Cancer Misdiagnosis Claim
If you have been harmed due to negligent medical treatment, learn when you could make a cancer misdiagnosis claim in this guide.
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Advice On Making A Cancer Misdiagnosis Claim
If you have been harmed due to negligent medical treatment, learn when you could make a cancer misdiagnosis claim in this guide.
Cancer Misdiagnosis Claim – Could I Make One?
The negligent misdiagnosis of cancer can have serious consequences for patients. The failure to provide the correct cancer diagnosis could result in serious harm, require more aggressive treatment and, in some cases, can be fatal. Within this guide, we discuss when you could make a cancer misdiagnosis claim.
In addition to examining the eligibility requirements that need to be met, we also look at the types of cancer which may be misdiagnosed and how this misdiagnosis could happen. Furthermore, we look at what evidence could help you make a successful medical negligence claim and examine how compensation is calculated. Finally, we explain how one of our No Win No Fee solicitors could help you
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To find out more about claiming for negligent treatment or misdiagnosis of cancer, please contact our team. An advisor could assess whether you are eligible to make a claim and answer any questions about the claims process.
Start your cancer misdiagnosis claim today by,
- Calling 0151 375 9916 to talk to an advisor.
- Using the live chat below.
- Sending a message using our ‘contact us’ page.
Can I Make A Cancer Misdiagnosis Claim?
All medical professionals have a duty of care to the patients under their care. This means that they must provide you with the correct and minimum standard of care. For example, this includes taking all the symptoms you describe seriously and forwarding you for additional tests when needed.
Cancer misdiagnosis could occur when a medical professional fails to take all your symptoms into account or fails to refer you for relevant oncology testing and care. They may even have missed symptoms of cancer altogether. A doctor may also have failed to diagnose your cancer in time or have provided the wrong treatment.
In any of these instances, if the delayed diagnosis or negligent treatment made your condition worse, you could make a cancer misdiagnosis claim.
Cancer misdiagnosis claims must show that:
- You were owed a duty of care by a healthcare professional.
- They breached this duty of care. For example, they may have failed to refer you for cancer tests.
- You were unnecessarily harmed as a direct result of this. For example, you may require more aggressive treatment due to the cancer spreading.
For more information on No Win No Fee cancer misdiagnosis claims, please contact a member of our team.
Which Cancers Can Be Misdiagnosed?
According to Cancer Research UK, there are over 200 different types of cancer. Unfortunately, any type of cancer could be misdiagnosed. If medical professionals do not carry out the correct assessments, fail to listen to patients’ symptoms and do not send you for further testing, they may provide the wrong diagnosis to cancer patients.
Examples of cancers that could be misdiagnosed include:
- Bowel cancer
- Lung cancer
- Breast cancer
- Cervical cancer
- Ovarian cancer
- Prostate cancer
- Brain cancer.
Of course, these are just some examples of cancers which may be misdiagnosed due to the negligent actions of a medical professional.
For more information on cancer misdiagnosis claims, please contact our team.
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How Can A Cancer Misdiagnosis Happen?
Cancer misdiagnosis claims could be made in a wide variety of different circumstances.
Some examples of how cancer could be misdiagnosed include:
- You visit your GP with a lump in your breast. They fail to perform a physical examination or refer you for a mammogram and misdiagnose the lump as a swollen lymph node. This leads to your breast cancer spreading and you requiring a full mastectomy.
- Doctors at a hospital, due to administrative errors, mix your biopsy results with another patient. This leads to you receiving a misdiagnosis, and your cancer spreads, later requiring you to need more aggressive treatment.
- A doctor at a walk-in centre diagnoses your lung cancer as a chest infection due to them sharing similar symptoms and failing to refer you for further tests. This leads to the lung cancer spreading to other organs and causing more damage.
These are only a few examples. If your specific case has not been listed, you can contact our advisors to see whether you may have an eligible cancer misdiagnosis claim.
How Do I Prove A Cancer Misdiagnosis Claim?
In order to make a cancer misdiagnosis claim, you need to provide evidence which shows a medical professional is liable for the unnecessary harm you suffered.
Examples of evidence which could support cancer misdiagnosis claims could include:
- A copy of your medical records. Your records should show what diagnosis you were given and any treatment received. These could also help to highlight that a healthcare professional failed to diagnose your cancer.
- Records of any test results. This could include blood tests, imaging tests and other similar test results.
- Details of anyone who witnessed the misdiagnosis happen, such as a friend or relative.
- Proof of any financial losses suffered, such as wage slips for a loss of earnings.
Call our team today to find out how we can support people through cancer misdiagnosis claims process.
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How Much Cancer Misdiagnosis Compensation Could I Receive?
If you have been impacted by clinical negligence, such as a negligent cancer diagnosis, and you make a successful medical negligence claim, you will be awarded compensation. Your cancer misdiagnosis compensation may consist of general damages and special damages.
General damages compensate for the pain and suffering caused by the medical negligence. Special damages compensate for any financial losses.
When valuing a claim for general damages, those responsible may use the Judicial College guidelines (JCG). The JCG contains guideline amounts of compensation which may be awarded for different types of harm.
In the table below, we have listed some of these compensation guidelines, aside from the first entry.
Compensation Guidelines
Type Of Harm Severity Notes Compensation
Multiple serious types of harm + special damages. Serious Multiple forms of harm with special damages for losses such as medical expenses and lost earnings. Up to £500,000+
Brain damage Moderately severe Substantial dependence on others and requiring professional care. £267,340 to £344,150
Kidney damage Loss or permanent damage Impacting both kidneys. £206,730 to £256,780
Bowels Double incontinence Loss of all natural function. Up to £224,790
Bladder Double incontinence Loss of all natural function and control. Up to £224,790
Reproductive system – female Infertility due to injury or illness. Causing infertility with severe complications. £140,210 to £207,260
Reproductive system – male Complete loss of reproductive organs Hormonal effects, medical complications and effect on fertility will all affect the amount awarded. In excess of £187,790
Lung disease Serious disability Affecting a young person with probability of the condition worsening and leading to premature death. £122,850 to £165,860
Lung disease Lung cancer Affecting an older person and impairing lung function and quality of life. £85,460 to £118,790
Special Damages In Medical Negligence Claims
As we highlighted above, compensation payouts for cancer claims may consist of both general and special damages. Special damages may compensate for:
- The cost of medical care and treatments.
- The cost of medication.
- Care costs, including care in the home or in a care facility.
- Loss of income and earnings.
- The cost of getting to and from medical appointments.
For more information on how compensation for your cancer misdiagnosis claim may be valued, please contact our team.
Make A Cancer Misdiagnosis Claim On A No Win No Fee Basis
One of our No Win No Fee solicitors could help you to make a cancer misdiagnosis compensation claim. They could offer their expert services to you under the terms of a Conditional Fee Agreement (CFA).
A CFA offers many advantages to you as a claimant, such as:
- Not needing to pay any upfront costs for your medical negligence solicitors services.
- Not needing to make any ongoing payments for their work whilst the claim is underway.
- If the claim is not a success, you will not need to pay for the services they have provided.
If your medical negligence claim is successful, you will pay a legally limited success fee.
Contact Us About Your Cancer Misdiagnosis Claim
To learn more how one of our solicitors could help you make a medical negligence claim, you can:
- Call our advisors on 0151 375 9916.
- Ask a question using our live chat.
- Contact us online.
Read More About How To Make A Compensation Claim
Learn more about the other types of compensation claims we could help with:
- Advice on making a medication error claim.
- Learn how we could help you claim for a hernia at work.
- Learn how we could help you make a pedestrian accident claim.
Additional resources:
- Learn more about the different types of cancer from the NHS.
- Get support with cancer from Cancer Support UK.
- Learn about the professional duty of candour for doctors from the General Medical Council (GMC).
To see whether you may have an eligible cancer misdiagnosis claim, you can contact our advisors.
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