Delayed Cancer Diagnosis Compensation
Learn how to claim delayed cancer diagnosis compensation.
£70 million in compensation
Delayed Cancer Diagnosis Compensation.
Learn how to claim delayed cancer diagnosis compensation.
Can I Claim Delayed Cancer Diagnosis Compensation?
Learning you have cancer can be a frightening time for you and your family. Whilst you expect that medical professionals will do a competent job of trying to diagnose you in a timely manner, unfortunately, this does not always happen. If you have received negligent treatment and this has led to a delay, you could be entitled to bring a delayed cancer diagnosis compensation claim.
To learn that you were misdiagnosed can be frustrating and leave you worrying about your long-term prognosis and what impact the delay will have on your life. These concerns are understandable.
This guide will discuss some of the options available to you about making a medical negligence claim. We will discuss how a delay in cancer diagnosis can happen and when this could be due to the negligence of a medical professional. In addition, we will discuss how compensation for a delayed diagnosis is calculated as well as the evidence that might be required to prove your case.
We also discuss when you can make a claim on behalf of someone else and also how to bring a claim on a No Win No Fee Basis using an expert medical negligence solicitor.
If you wish to discuss any potential aspect of a case, you can:
Call on 0151 375 9916
Contact us online
Use the live chat on the screen
Can I Claim Delayed Cancer Diagnosis Compensation?
To able to claim delayed cancer diagnosis compensation, you must be able to show that you are eligible. In a medical negligence case, the eligibility criteria are:
You were owed a duty of care by those diagnosing you.
They breached this duty.
The breach resulted in unavoidable harm to you.
A duty of care is automatically owed to all medical patients, so this part is straightforward. For a medical professional to breach their duty to you, they must have fallen below the minimum expected standard of medical care. We will look at specific examples in the next section. Finally, you must be able to show that the breach caused you harm.
It is important to note that not every delayed diagnosis will be a breach of duty. Sometimes, there are unfortunate circumstances that mean cancer is not picked up as early as it could have been. To be able to claim, the medical expert diagnosing you must have fallen below the minimum standard.
If you would like any clarification on this or would like to discuss your case history, you can get in touch with us. Our advisors are available 24 hours a day, 7 days a week.
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How Does A Delayed Cancer Diagnosis Happen?
To help decide whether the minimum standard of care has been met, things like the NICE guidelines are considered. They are just guidelines and sometimes expert medical opinion is needed to help make your case. Other times, there could be a simple human error that leads to the delay.
Let’s look at some examples that might constitute a breach of duty by a medical professional:
Your general practitioner (GP) does not listen to your symptoms properly. This leads to your cancer getting worse and spreading to other parts of the body.
There is a clerical error, and your test results are mixed up with those of another patient. This causes a delay in your diagnosis and causes you to suffer harm.
Your symptoms indicate that you should have blood tests and scans to check for cancer, but your doctor is inexperienced and does not order them. Your diagnosis is delayed.
These are just examples, and we offer a free, no-obligation case assessment so you can check if you are eligible to claim with complete peace of mind.
How Much Delayed Cancer Diagnosis Compensation Could I Receive?
The compensation you could receive for a clinical negligence claim is split into two categories: general damages and special damages. These cover your physical pain and suffering and financial losses, respectively.
Looking at general damages first, they compensate you for the pain and suffering the negligence has caused. The severity of the harm and your overall prognosis will be considered.
An independent medical report can be obtained to discuss your injuries. Your solicitor will usually arrange an examination at a day and time that suits you. Once the report is produced, it can be used alongside a document called the Judicial College Guidelines (JCG). The JCG contains a list of injuries (both physical and psychological) and the corresponding suggested compensation bracket.
We have included some examples of injury compensation guidelines from the JCG in the table below. Please note that they are just guidelines and also note that the top-line figure does not come from the JCG.
| Injury | Severity | Compensation Guideline | Notes |
|---|---|---|---|
| Multiples Serious Injuries and financial losses | Very Serious | Up to £1,000,000 plus | Multiple serious injuries with significant loss of earnings and other financial losses. |
| Brain Injury | Very Severe | £344,150 to £493,000 | Little evidence that the patient can interact meaningfully with the environment. |
| Paraplegia | Paraplegia | £267,340 to £346,890 | Paralysis of the legs with pain, depression and impact on sexual function. |
| Bladder | Double Incontinence | Up to £224,790 | Total loss of natural bowel function and urinary control. |
| Reproductive System: Female | Infertility | £140,210 to £207,260 | Infertility with depression, anxiety and sexual dysfunction. |
| Back | Severe (i) | £111,150 to £196,450 | Damage to the spinal cord and nerve roots. |
| Lung | Lung cancer | £85,460 to £118,790 | Severe pain and impairment of function and quality of life. |
| Eye | Total Loss of One Eye | £66,920 to £80,210 | Award depends on age and cosmetic impact. |
| Ear | Loss of hearing | £38,210 to £55,570 | Total Loss of Hearing in One Ear |
| Kidney | Loss of a Kidney | £37,550 to £54,760 | Loss of a kidney with no damage to the other one. |
Can I Claim For Loss of Earnings Caused By My Delayed Diagnosis?
In addition to compensation for injuries, it is possible to claim for financial losses. These financial losses must be evidenced (more on this in the next section) and they must be because of the harm you suffered.
Time away from work whilst suffering from cancer can put pressure on you and your family. If you meet the eligibility criteria, loss of earnings can be included in your claim.
Some financial losses that you may wish to claim for could include:
Loss of earnings (past and future)
Reduction in pension entitlements (for missed contributions)
Missed bonus payments
Care costs
Medical treatments and expenses
Travel costs
Our solicitors are experts in clinical negligence claims and can inform you of all the losses you can add to your claim. You can be connected if you are eligible by getting in touch with one of our advisors.
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on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
What Evidence Do I Need To Claim Cancer Misdiagnosis Compensation?
Any delayed cancer diagnosis compensation claim will need to be supported by evidence. This evidence needs to prove all aspects of the claim, namely that you were owed a duty, it was breached and that the breach caused harm.
Our solicitors can help you with the evidence you need to boost your chances of winning your claim. Some examples of items of evidence could be:
GP records.
Treatment notes.
Hospital records.
X-rays, CT scans and MRI scans.
A diary of your symptoms.
If you would like to speak to us about how to prove your case, reach out on the contact details provided.
Can I Make A Delayed Cancer Diagnosis Claim On Someone Else's Behalf?
In general, it is not normally possible to bring cancer misdiagnosis claims on someone else’s behalf, but there are three main exceptions to this:
The first is that if the misdiagnosis involves a child, e.g. delayed leukaemia diagnosis. A minor (someone under the age of 18) cannot bring their own claim, and they must wait until they are 18. However, to start a claim before 18, a litigation friend can bring a claim at any stage.
The court approves a litigation friend as part of the proceedings and is usually a responsible adult such as a parent, guardian or sibling. It is often a family member, but this is not a requirement.
The second exception is if someone lacks the mental capacity to handle their legal affairs. Again, in this case, a litigation friend can be used to bring a claim.
The final exception is if someone tragically loses their fight with cancer and passes away. In this circumstance, the estate of the deceased or the dependents can bring a fatal injury claim.
Our sensitive lawyers can help you with your medical negligence case, no matter the circumstances. Our advisors are ready to take your call today.
Claim For Delayed Cancer Treatment On A No Win No Fee Basis
A delayed cancer diagnosis compensation claim can be brought on a No Win No Fee basis. If your case is eligible, one of our solicitors can offer you a Conditional Fee Agreement, which is a type of No Win No Fee agreement.
Under the terms of this agreement, you will not be charged upfront by your solicitor when your case starts. Nor will you be asked to pay any of the ongoing solicitor fees as your claim progresses. If your case is unsuccessful, then you do not need to pay for any of the work your solicitor has undertaken.
At the conclusion of your case, and only if you win, is a success fee taken by your solicitor. This is a percentage of the compensation awarded to you, and the size of the percentage deducted is agreed upon with you before your case starts. As there is a legal maximum of the size of the percentage, you will keep the bulk of your damages.
If you would like to work with one of our solicitors for your cancer misdiagnosis claim, get in touch with us by
Call on 0151 375 9916
Contact us online
Use the live chat on the screen
Learn More About Claiming For Compensation
Here are some further resources that may be useful for you:
Advice about how to make a medication error claim
Consider our frequently asked questions about accidents at work
Learn how to claim following a road traffic accident
External materials you may wish to consider:
Consider the NHS key statistics in England
Here is the General Medical Council’s guide to good medical practice.
Learn how to claim Statutory Sick Pay.
Thank you for reading our guide about delayed cancer diagnosis compensation.
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