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Advice on Lung Cancer Misdiagnosis Claims
Read our guide to learn about the process of making lung cancer misdiagnosis claims.
£85 million in compensation
Advice On Lung Cancer Misdiagnosis Claims
Read our guide to learn about the process of making lung cancer misdiagnosis claims.
A Guide To Lung Cancer Misdiagnosis Claims
Getting a lung cancer diagnosis can be devastating, but what happens when substandard medical care leads to the disease being misdiagnosed? Unfortunately, such cases do occur, and can add to the distress of being told you have cancer. Read our guide to learn how JF Law can help with lung cancer misdiagnosis claims in particular.
Key Takeaways
- According to the UK government, about 48,000 people are diagnosed with lung cancer every year.
- NHS cancer registration statistics for England showed that the vast majority of lung cancer cases in 2022 were diagnosed at stage 3 or 4.
- A lung cancer misdiagnosis can make the disease harder to treat and lead to a reduced life expectancy, long-term mental harm, and financial loss.
- Misdiagnoses can have many causes, ranging from a failure to refer to specialists where appropriate to tests being misinterpreted.
- The solicitors at JF Law offer their nationwide services on a No Win No Fee basis.
Read ahead to know more about making lung cancer misdiagnosis claims. For more information about cancer misdiagnosis claims in general, get in touch with our team now:
- Call 0151 375 9916.
- Contact us online.
Can I Claim For A Lung Cancer Misdiagnosis?
You can claim for a lung cancer misdiagnosis if you fulfil the following criteria:
- A medical professional owed a duty of care towards you.
- They breached this duty.
- You suffered avoidable or unnecessary harm resulting from this breach.
Every medical professional (and, by extension, hospitals and other facilities) must provide patients with the correct standard of care. This is the duty of care touched on above, and applies irrespective of whether the patient is treated in the public or private sector.
Claiming For A Fatal Misdiagnosis Of Lung Cancer
When claiming for a fatal misdiagnosis of lung cancer, the deceased’s estate is the only party that can seek compensation in the first 6 months after someone’s death.
During this period, the estate can also claim on behalf of eligible relatives, per the Law Reform (Miscellaneous Provisions) Act 1934. If the estate doesn’t do so, then qualifying dependants can claim under the Fatal Accidents Act 1976 for how they have been affected by a loved one’s passing.
You can read our guide on making fatal injury claims and speak to our advisors for more information.
What Compensation Can Be Awarded For Lung Cancer Misdiagnosis Claims?
Compensation in lung cancer misdiagnosis claims can award individuals for their pain and suffering, as well as for the financial impact of the harm. The part of your compensation corresponding to the harm you’ve suffered is known as general damages.
Your medical negligence solicitor will calculate your lung cancer misdiagnosis compensation with the help of the Judicial College Guidelines (JCG). These guidelines provide descriptions for various forms of harm, along with corresponding suggestive compensation ranges based on severity. This part of your compensation corresponding to the harm you’ve suffered is known as general damages.
You can refer to the table below for a selection of JCG brackets. However, this table is intended for guidance only, and the top row figure hasn’t been taken from the document.
| Harm | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Forms of Harm and Special Damages | The multiple instances of severe harm will have a financial impact, such as a loss of earnings. | Up to £350,000+ |
| Chest – Severe (a) | The worst possible outcome is the removal of a lung along with serious damage to the heart and permanent scarring along with pain. | £122,850 to £183,190 |
| Chest – Severe (b) | There is a traumatic injury to the lung or the heart which causes physical disability and reduced life expectancy. | £80,240 to £122,850 |
| Chest – Severe (c) | There is some damage to the lungs and chest which causes some level of disability. | £38,210 to £66,920 |
| Lung Disease – Severe (a) | In case of a young person suffering from a disability, their condition could deteriorate and cause a premature death. | £122,850 to £165,860 |
| Lung Disease – Severe (b) | This includes cases of lung cancer in older people usually and there is severe pain and deterioration in quality of life. | £85,460 to £118,790 |
| Lung Disease – Severe (c) | There could be a disease like emphysema, which has a negative impact on breathing and lung function and causes, frequent coughing for an extended period of time, disturbance in sleep, physical activity and employment. | £66,890 to £85,460 |
| Lung Disease – Severe (d) | Due to breathing difficulties which fall short of disabling breathlessness, there is a frequent need of an inhaler and an impact on the person’s social and professional life. | £38,210 to £66,920 |
Speak to our advisors for more tailored guidance on how compensation is calculated.
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Can Special Damages Be Claimed For After A Misdiagnosis Of Lung Cancer?
Yes, special damages can be claimed for after a misdiagnosis of lung cancer. This part of the compensation corresponds to the financial losses resulting from the harm you suffered and may include:
- Loss of income due to an inability to work or time taken off. May consider future earnings.
- Medical expenses, including private treatments for the lung cancer and medications.
- Costs incurred while hiring a professional caretaker or cleaners.
- Loss of income, if a family member has to leave their job and look after you full-time.
- The cost of a hairpiece or wig due to hair loss resulting from unnecessary chemotherapy.
You must provide evidence of special damages in the form of bills, payslips, and bank statements.
Contact our advisors today for more information on including special damages in lung cancer misdiagnosis claims.
How Can Negligence Result In Misdiagnosed Lung Cancer?
Negligence can result in misdiagnosed lung cancer in several scenarios, including:
- A patient reports symptoms like a persistent cough and breathlessness. However, the GP fails to take these symptoms seriously and doesn’t refer the patients for any tests. This results in a significant delay in diagnosing lung cancer, and the patient requires chemotherapy at a later stage.
- Even if some tests have been conducted, it is still possible for a specialist to misinterpret their results. Such instances also lead to an unnecessary delay in treatment and a worsening of symptoms.
- Once the wrong diagnosis has occurred, a professional negligently performs a thoracoscopy, which damages some part of the lung tissue.
- If you’ve been referred for some specialised tests, yet your GP has failed to follow up, this could lead to unnecessary delay and inaction.
- After the misdiagnosis, the patient underwent unnecessary chemotherapy, which led to serious symptoms like hair loss and a weakened immune system.
Call our advisors for more examples which could lead to lung cancer misdiagnosis claims.
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What Other Conditions Can Be Mistaken With Lung Cancer?
Many other conditions can be mistaken for lung cancer due to overlapping symptoms, such as:
- Asthma
- Pneumonia
- Bronchitis
- Asthma
- Common cold
- Seasonal allergies
- Respiratory infection
Contact us now to discuss other conditions that may be misdiagnosed as lung cancer.
What Are The Consequences Of A Lung Cancer Misdiagnosis?
The consequences of a lung cancer misdiagnosis can be serious and long-term, including a reduced life expectancy. Other consequences include:
- Cancer progression and the need for more aggressive treatment.
- Prolonged and more invasive treatment.
- Increased expenditure for treatment and rehabilitation.
- Impact on quality of life and the immune system.
- Psychological damage, such as depression and anxiety.
If you wish to include psychological trauma in your lung cancer misdiagnosis claim, you may use our anxiety compensation calculator or speak to our advisors.
How To Claim Lung Cancer Misdiagnosis Compensation
To claim lung cancer misdiagnosis compensation, you will need to make sure that you have strong evidence and are within the correct time limit.
Evidence To Support A Misdiagnosis Claim
Some examples of the evidence you could use to support a misdiagnosis claim include:
- Medical records, including consultation notes, prescriptions and test results.
- Copies of the complaint you may have made against the hospital.
- Photographs of visible scars or bruises due to unnecessary surgery or chemotherapy.
- Contact details of the person who may have accompanied you to hospital appointments. This would be useful for drafting witness statements in support of your claim.
How Long Do I Have To Claim For A Lung Cancer Misdiagnosis?
Under the Limitation Act 1980, you generally have 3 years to claim for a lung cancer misdiagnosis. In medical negligence claims, the time limit commences from the date of the negligence or the date that it is discovered.
You can read our guide to find out more about medical negligence limitation periods, or contact our advisors now.
Can I Make A No Win No Fee Claim If My Lung Cancer Was Misdiagnosed?
If your lung cancer was misdiagnosed, you can make a No Win No Fee claim with one of our solicitors at JF Law. They provide a nationwide service, ensuring eligible claimants can seek compensation no matter where they are based. Those services include:
- Regular updates so you are never left feeling unsupported during the claims process.
- Access to recovery and rehabilitation services, including mental health specialists.
- Dedicated, expert representation in all communications and throughout the negotiations stage.
- Easy-to-follow advice that demystifies all aspects of claiming compensation.
They offer these services (and many others) through a Conditional Fee Agreement (CFA), which means:
- There is no upfront solicitor’s fee.
- Zero solicitor fees to pay during the claim.
- If your claim fails, your representative won’t charge a solicitor’s fee for their work.
In the event of a positive outcome, you will only be required to pay a success fee. This represents a small, capped percentage of your compensation, which you’ll pay for the work done on the case.
Contact JF Law
If you’re interested in knowing more about the benefits of a No Win No Fee claim, contact our advisors now:
- Call 0151 375 9916.
- Contact us online.
Learn More
Here are some of our other guides:
- Information on medication error claims.
- Details on hospital negligence claims.
- Our guide on pregnancy negligence claims.
You can also go through these external links:
- Guidance from the CQC on complaining about a healthcare service.
- Lung cancer management overview from the National Institute for Health and Care Excellence.
- Association of the British Pharmaceutical Industry information about lung cancer.
Thank you for reading our guide on lung cancer misdiagnosis claims.
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