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Testicular Cancer Misdiagnosis Claims Guide
If you have suffered harm due to a testicular cancer misdiagnosis, then our expert No Win No Fee medical negligence solicitors can help.
£85 million in compensation
Testicular Cancer Misdiagnosis Claims Guide
If you have suffered harm due to a testicular cancer misdiagnosis, then our expert No Win No Fee medical negligence solicitors can help.
Can I Make A Claim For Testicular Cancer Misdiagnosis?
The key to testicular cancer survivability is early detection and prompt treatment, meaning any misdiagnosis can cause life-threatening delays. When misdiagnoses result from substandard medical care, it can add to the strain experienced by patients. We’ve made this guide to testicular cancer misdiagnosis claims to examine when someone might be able to pursue compensation.
Key Takeaways
- There are a few different types, but the most common are known as “germ cell tumours” and develop in the germ cells that produce sperm.
- As with any cancer, early diagnosis and prompt treatment are key to maximising survivability and preventing loss in quality of life.
- A cancer misdiagnosis occurs when the disease is either undetected or wrongly identified as a different condition.
- If a misdiagnosis causes you to experience avoidable harm, there may be grounds to claim compensation.
- JF Law’s medical negligence solicitors work on a strictly No Win No Fee basis for claimants across the country.
You can learn more about making a medical misdiagnosis claim by speaking to our advisors. Get in touch with the team today using the details provided here:
- Call us on 0151 375 9916.
- Contact us online by completing a callback form.
Can I Claim Compensation For A Testicular Cancer Misdiagnosis?
Yes, you can claim compensation for a testicular cancer misdiagnosis if you meet the eligibility requirements. Every medical professional, regardless of their experience level or area of practice, has a legal obligation to provide you with care that meets the correct standard. This is the medical professionals’ duty of care, which also applies to facilities like hospitals.
If the correct standards are not met, and you suffer avoidable harm because of this, then medical negligence is said to have occurred. The eligibility requirements can therefore be summarised as follows:
- A medical professional owed you a duty of care:
- This duty was breached when they failed to provide the correct standard of medical care.
- That failure resulted in you experiencing avoidable harm.
What we mean when we say “avoidable harm” is harm you experienced that would not have occurred had the correct standards of care been provided. Therefore, it’s important to note that not every instance of harm is avoidable or the result of substandard medical care. We’ll examine some example scenarios of this in a later section.
To get your free eligibility check, contact our advisors today using the details given at the bottom of this page.
What Compensation Could Be Paid For A Misdiagnosis Of Testicular Cancer?
Compensation for a misdiagnosis of testicular cancer can cover the physical and psychological harm as well as any associated financial losses. Medical negligence compensation may be awarded under 2 separate heads of claim:
- Physical and psychiatric harm is paid out under general damages.
- Associated financial losses stemming from that harm are covered under special damages. We’ll look at this in the next section.
Solicitors can refer to your medical records in conjunction with the Judicial College Guidelines (JCG). This publication sets out guideline compensation brackets for a broad range of harm. We have used several of these, apart from the top entry, in the table below.
Compensation Table
Please be advised that this information has been included for guidance purposes only.
| Type of Harm | Severity | Guideline Compensation | Notes |
|---|---|---|---|
| Multiple Forms of Very Severe Harm Alongside Financial Impact | Very Severe | Up to £350,000 + | Cases involving multiple kinds of very severe harm, together with financial losses, such as lost pay, medical bills, and care costs. |
| Reproductive System Male | Total Loss of Reproductive Organs (a) | In Excess of £187,790 | Payouts in this bracket will generally depend on various factors, such as pain, impact on fertility, sexual dysfunction and psychological effects. |
| Total lmpotence, Loss of Sexual Function, and Sterility in Young Claimant (b) | £140,220 to £181,020 | Bracket will consider factor like age, scarring or pain, and whether the claimant has children. | |
| Impotence or Significant Sexual Dysfunction (c) | £52,490 to £108,310 | Likely permanent in cases where the person has children or would never have had them. | |
| Uncomplicated Sterility (d) | £68,430 to £87,080 | Cases without impotence and aggravating features in young claimants with no children. | |
| Sterility in a Person With Children (e) | £21,920 to £44,840 | Similar cases to the above bracket but the claimant will have children and might have wanted to have more. | |
| Orchidectomy (f) | £24,490 to £27,560 | Without impotence or loss of sexual function, but with some psychological effects. | |
| Sterility in Older Persons (g) | £8,070 to £22,800 | Sterility in a claimant who is unlikely to have children or would not have had them. Cases also include impotence where sexual function is enabled by medication. | |
| Lung Disease | Serious Disability (a) | £122,850 to £165,860 | Featuring cases involving young claimants where there is a probability of progressive worsening and premature death. |
| Lung Cancer (b) | £85,460 to £118,790 | Typically in older persons. The cancer will cause severe pain and impairment affecting function and quality of life. |
You can learn more about claiming in your particular circumstances by talking to our advisors. Call the number below today to reach a member of our team.
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How Can Compensation For Misdiagnosed Testicular Cancer Help Me?
Compensation for misdiagnosed testicular cancer can help you recover the cost of various expenses and support your overall recovery. Cancer treatment can be lengthy and quite invasive and special damages can reflect that.
Here are some of the costs that you could receive compensation for:
- Loss of earnings from any time taken off work for treatment, surgery, or recovery.
- Private medical care, therapy, prescriptions and other medical bills. For instance, you may have paid privately for a testicular implant or testosterone replacement therapy.
- Domestic care and support, including additional help for any dependants.
- Transport costs to get to and from medical appointments.
- If the cancer has affected your mobility, you may need to make changes to your home for accessibility. These adaptations could include ramps, handrails, or a walk-in bath.
When claiming special damages, you’ll need supporting evidence that documents your financial losses. Make sure you keep copies of your payslips, any travel tickets, and details of the care arrangements that have been made as proof of these losses.
To learn more about claiming compensation in your specific case, get in touch with our advisors using the details provided at the end of this page.
What Can Lead To A Testicular Cancer Misdiagnosis?
Here, we have a few scenarios that can lead to a testicular cancer misdiagnosis. We haven’t covered every eventuality, but the following examples should give you a good idea of how this disease can be misdiagnosed:
- Administrative errors lead to your patient notes being mixed up with files concerning someone with a similar name. This means you do not get the correct test results and your cancer goes undiagnosed for a number of weeks.
- Your GP misdiagnosed swelling in your testicle as epididymitis after confusing the symptoms during physical examination. They do not investigate further and decide against referring you for testing. By the time you received the cancer diagnosis, the tumours had spread to other organs, necessitating much more aggressive treatment.
- Improper techniques are used during your biopsy, leading to a false negative when you actually had cancer. This error delayed a cancer diagnosis and meant your condition had worsened. As a result, the testicle had to be removed, causing issues with fertility and sexual function.
You can learn more about claiming in your particular circumstances by speaking to our advisors. They’ll sensitively assess the particulars of your case and help determine whether you have grounds to claim compensation.
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What Conditions Could Testicular Cancer Be Mistaken With?
There are several conditions that testicular cancer could be mistaken for due to overlapping symptoms, such as pain and swelling. A list of potential conditions has been provided here:
- Epididymitis: An inflammation of the epididymis, the tube at the back of the testicle where sperm matures. Usually, the result of an infection.
- Cysts: A testicular cyst (a spermatocele) is a fluid-filled sac that grows within the testicle. If a physical exam isn’t followed up properly, a cancerous growth could be mistaken for a cyst.
- Varicocele: Twisting of the blood vessels in the scrotum that causes the blood flow to be restricted, resulting in uncomfortable swelling and a lumpy appearance.
- Lipoma: A growth of fat tissue that can occur anywhere, including the scrotum. Lipomas are usually soft and movable.
- Sexually transmitted infections (STIs): Gonorrhoea and chlamydia can lead to pain and swelling in the testicles, as well as be the underlying cause of epididymitis.
Cysts, lipomas, and varicoceles are often harmless, but can be easily drained and removed if they cause discomfort. A lot of STIs can be treated with antibiotics or other measures. If a cancerous growth is mistaken for any of these, however, you could receive ineffective treatment (or no treatment at all). This could allow testicular cancer to develop and spread further.
You can share your own experience and get free legal advice from us by talking to our advisors today.
How Long Do I Have To Begin A Misdiagnosis Claim?
In most cases, you’ll have 3 years from the date you received the substandard care to begin a misdiagnosis claim, as per the Limitation Act 1980. The harm caused is not always clear straight away, so that timeframe can start from 2 different dates:
- The date of incident: When the medical negligence actually took place.
- The date of knowledge: When it would be reasonably expected for you to connect your condition with the level of care received.
While the 3-year limitation period is standard across all cases of medical negligence, extensions can be granted if someone is unable to claim for themselves, such as:
- Children: Minors cannot claim for themselves, so in these instances, the 3 years are counted from their 18th birthday. This gives them until the age of 21 to start a claim.
- Persons without sufficient mental capacity: In cases where the harmed individual lacks the capacity to claim, the 3 years are paused completely. If there is a recovery, then the time limit will begin from the date of recovery.
In order to get any potential claim underway before time limits take effect, a suitable adult can act as the harmed individual’s litigation friend. Litigation friends have decision-making powers over the claim, and must direct the proceedings in line with the patient’s best interests.
While it is often the case that a parent will fulfil this role, any adult who meets the requirements can apply or be appointed by the court. To learn more about claiming on behalf of another or to check how time limits might apply in your circumstances, talk to our team today using the details given below.
How Can I Prove That Negligence Led To The Misdiagnosis
You can prove that negligence led to your misdiagnosis by providing supporting evidence. This should show that the care you received fell below the expected standard and that it directly resulted in you experiencing avoidable harm. Your evidence can also show the extent of the harm and its impact on your daily life.
Examples include:
- Medical records from both the initial misdiagnosis as well as your ongoing treatment. This may highlight what caused you to suffer avoidable harm, as well as provide insight into the long-term prognosis.
- Copies of scans, biopsy reports, and other relevant documentation.
- Any person who saw the standard of care you received can provide your solicitor with a witness statement. Make sure you hand over all relevant contact details to the solicitor.
- Any findings from the Bolam test, if applied.
The Bolam test involves medical professionals from the relevant field assessing the standard of care you were given. The test isn’t used in every case, but if it is applied, it can be useful for your claim. These tests are arranged on behalf of claimants where appropriate.
Supporting clients with the task of collecting and reviewing evidence is just one of the many services offered by our solicitors. Find out if you are eligible to work with us today by speaking to a member of our advisory team.
What Can A Conditional Fee Agreement Do For Me?
A Conditional Fee Agreement or CFA can help you pursue compensation without the prospect of paying an increasing number of solicitor fees. CFAs are a type of No Win No Fee contract that was brought in by The Conditional Fee Agreements Order 2013. The CFA has a few unique features that put the advantage firmly with the claimant, such as:
- No solicitor fees at the start of a claim.
- No solicitor fees during the claiming process itself.
- No solicitor fees to pay if the claim does not succeed.
If you win, a success fee will be taken by your solicitor for their services. Whilst it would come out of your compensation, the percentage is legally capped at 25%. That will ensure you keep the bulk of your compensation.
Our advisors are live throughout the week if you’d like to discuss CFAs in more detail. You can also continue reading to learn about the services available through this agreement.
Why Choose JF Law
If you choose to claim with JF Law, you will benefit from a broad range of services and support offered by our medical negligence solicitors. We understand that cancer is one of the toughest things people go through, and we work hard to ensure your particular needs are considered and met.
Here at JF Law, we always put the claimant first, and provide a tailored service in each and every case. Here are just a few of the services we can provide:
- Organising an independent medical examination and ensuring you receive any care, rehabilitation, or other treatment you may require.
- Helping you to gather, review, and piece together supporting evidence.
- Determining a fair and accurate compensation figure to be taken to the defendant.
- Negotiating a settlement on your behalf with expertise and professionalism.
- Explaining all the technical terms and making sure you understand how the case is progressing.
Contact Us
You can learn more about making a medical misdiagnosis claim by speaking to our advisors. Get in touch with the team today using the details provided here:
- Call us on 0151 375 9916.
- Contact us online by completing a callback form.
Frequently Asked Questions
You can find some answers to several frequently asked questions under the headings below. Remember, our advisors are always on hand to provide further guidance.
Can I Claim If I Was Misdiagnosed By The NHS?
Yes, you can claim if you were misdiagnosed by the NHS and this caused you avoidable harm. You may have concerns about impacting future healthcare, but that will not be the case. Such claims are handled by NHS Resolution, an arm’s length body which has an entirely separate budget for paying out compensation. So, this isn’t something you need to worry about.
Can I Make A Claim On Behalf Of A Loved One?
As previously discussed, you can make a claim on behalf of a loved one who is mentally incapacitated or under the age of 18. If you act as a litigation friend, one of our solicitors will guide you every step of the way through the claims process.
Will I Need To Go To Court If I Make A Misdiagnosis Claim?
It is unlikely that you will need to go to court if you make a misdiagnosis claim. It is quite rare for medical negligence claims to have a court hearing, as most are settled through negotiation. However, if your particular case does require a hearing, then JF Law will support you through this.
How Is Testicular Cancer Diagnosed?
As well as the physical signs we discussed above, blood tests or ultrasound scans can be performed to help diagnose testicular cancer.
What Are The Impacts Of Testicular Cancer Being Left Untreated?
The impacts of untreated testicular cancer can include infertility, impotence, and sexual dysfunction. As the cancer progresses through stages 2 and 3, it spreads to the lymph nodes in the abdomen as well as the lungs. It can also reach the liver and brain in the most advanced cases.
Is Testicular Cancer Common?
According to Cancer Research UK, around 2,400 new cases of testicular cancer are found every year. This incidence rate makes it the 17th most common cancer in males, accounting for about 1% of all cancer detections in the UK.
Learn More
You can read some more of our medical negligence claims guides here:
- Find out about making a surgery negligence claim.
- Get advice on claiming for a cervical cancer misdiagnosis.
- See this guide on claiming medication error compensation.
We have also included these external resources for further information:
- Read the standards for good medical practice from the General Medical Council.
- Find out how to complain about a service or provider on the Care Quality Commission website.
- See the annual statistics from NHS Resolution here.
Thank you for taking the time to read our guide to testicular cancer misdiagnosis claims.
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