Breast cancer is a serious condition that requires an immediate diagnosis and treatment to prevent the spread of cancerous cells across the body. So, if a medical professional’s substandard care resulted in a misdiagnosis causing you or a loved one’s avoidable suffering, continue reading to learn how to sue for breast cancer misdiagnosis with the support of our excellent panel of solicitors.
Key Takeaways
- Breast cancer is a life-threatening disease that women and men may suffer from. It develops from the growth of cancerous cells within breast tissue, which form tumours.
- Symptoms of breast cancer can include lumps, rashes, nipple changes and persistent breast pain.
- Breast cancer is diagnosed via a combination of a breast exam, mammogram and an ultrasound.
- If a medical professional misdiagnoses you or a loved one’s breast cancer, causing unnecessary or avoidable harm, you may be eligible to claim compensation.
- At How To Sue, we have an experienced panel of solicitors who may help you claim compensation for your breast cancer misdiagnosis on a No Win No Fee basis.
Contact Us
Contact us today to see whether you may have an eligible medical negligence claim. Our advisory team is on hand to answer any questions you may have, as well as offer you free advice.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Jump To A Section
- How To Sue For Breast Cancer Misdiagnosis Compensation
- Why Might Breast Cancer Be Misdiagnosed?
- Examples Of Breast Cancer Misdiagnosis Claims
- What Compensation Can I Get For A Misdiagnosis Of Breast Cancer?
- What Will I Need To Sue For Breast Cancer Misdiagnosis?
- How To Sue For Breast Cancer Misdiagnosis On A No Win No Fee Basis
- Frequently Asked Questions
- More Information
How To Sue For Breast Cancer Misdiagnosis Compensation
To sue for breast cancer misdiagnosis compensation, you must be able to demonstrate that a medical professional’s negligent care and treatment led to your misdiagnosis and caused you to suffer unnecessary harm.
Essentially, all medical negligence claims need to prove the following:
- A medical professional owed you a duty of care. All medical professionals owe their patients a duty of care from the moment they agree to treat a patient. Per their duty of care, they must provide the correct standard of care.
- The medical professional breached their duty of care. If their treatment was substandard, this is considered negligent and constitutes a breach of their duty. For example, this could include not referring you for necessary tests or not considering all of your described symptoms seriously.
- This breach resulted in you or a loved one’s avoidable or unnecessary harm. For example, your breast cancer may be misdiagnosed as a swollen lymph node, resulting in the cancer progressing and you later requiring more aggressive treatment or a full mastectomy.
Contact our advisors today for advice on how to sue for a breast cancer misdiagnosis and see whether you may have an eligible claim.
Why Might Breast Cancer Be Misdiagnosed?
Breast cancer may be misdiagnosed in patients if medical professionals fail to identify that a patient has symptoms of breast cancer or fails to refer them to the appropriate specialists or tests to get an accurate diagnosis.
Here are some examples of the conditions breast cancer may be misdiagnosed as:
- Cysts- common fluid-filled sacs in the breasts that are benign.
- Fibrocystic breast changes- common lumpy, tender and painful breast changes.
- Microcalcifications– calcium deposits within the breast that appear on mammograms.
- Fibroadenomas– common benign breast tumours made by glandular tissue and fibrous.
- Mastitis– inflammation of the breast that can be hot and painful.
- Duct ectasia- a condition where milk ducts widen and fill with fluid, causing nipple discharge.
Regardless of how your breast cancer was misdiagnosed, if it caused you avoidable harm, get in touch with our advisors to find out if you are entitled to compensation.
Examples Of Breast Cancer Misdiagnosis Claims
Examples of breast cancer misdiagnosis claims can include failure to refer for testing, incorrectly reading test results, and failure to recognise symptoms. Below, we explore these in more depth:
- Failing to recognise the symptoms. For example, you may visit your GP as you have pain in your breast that is not going away. However, due to your age, the GP may suggest the pain is caused by hormonal changes. This means your cancer goes undetected and later requires more aggressive treatment.
- Failing to refer patients to specialists. For example, despite going to a doctor for a lump you found on your breast, they may fail to refer you to a specialist to receive a mammogram, suggesting the lump is a lipoma of the breast. This later leads to you requiring a full mastectomy.
- Misinterpreting test results. For example, you may have a biopsy for potential cancerous cells found in your breast. However, the specialist misreads the results, giving you a false breast cancer diagnosis, causing significant psychological harm.
If you have any questions about breast cancer misdiagnosis claims, please do not hesitate to contact our helpful advisors.
What Compensation Can I Get For A Misdiagnosis Of Breast Cancer?
The compensation you may be awarded for a successful breast cancer misdiagnosis claim depends on the extent of your suffering, as well as any associated financial losses you have expereinced. As such, no claimant is awarded the same amount.
Compensation for avoidable or unnecessary harm caused by the misdiagnosis is determined under the head of claim general damages. Your solicitor will calculate this figure based on an independent medical assessor’s report of your suffering, and may also refer to the Judicial College Guidelines (JCG).
The JCG lists injuries and illnesses alongside their guideline compensation brackets. The table below lists some JCG entries that may be applicable to breast cancer misdiagnosis claims. When reading this, please note that the figures are not guaranteed as they are suggestive. Also, the first entry has not come from the JCG.
| Illness and Injury | Severity | Compensation |
|---|---|---|
| Multiple Serious Forms of Harm and Significant Financial Losses | For losses such as medical expenses, lost earnings and care costs. | Up To £500,000 plus |
| Paraplegia | Extent of pain and other factors will impact the award | £267,340 to £346,890 |
| Moderately Severe Brain Damage | Moderately Severe - there is a substantial dependence on others | £267,340 to £344,150 |
| Moderate Brain Damage (i) | Moderate (i) - moderate to severe intellectual deficit | £183,190 to £267,340 |
| Moderate Brain Damage (ii) | Moderate (ii) - moderate to modest intellectual deficit | £110,720 to £183,190 |
| Lung Disease (a) | For a young person with a serious disability | £122,850 to £165,860 |
| Severe Psychiatric Damage | Severe - with a very poor prognosis | £66,920 to £141,240 |
| Moderately Severe Psychiatric Damage | Moderately Severe - significant issues but with a more optimistic prognosis | £23,270 to £66,920 |
| Chest (c) | Damage to the chest and lung(s) | £38,210 to £66,920 |
| Bodily Scarring | Scarring Without Significant Internal Injury | In the region of £10,550 |
Can I Sue For Special Damages After Breast Cancer Misdiagnosis
Yes, you may sue for special damages after a breast cancer misdiagnosis as part of your medical negligence claim for any associated financial losses you have experienced.
Some examples of the losses you may claim for include:
- Missed wages and employment benefits, such as bonuses for your time off work
- Medical costs for specialist appointments, additional treatment or medication
- Mental health service costs for therapy or counselling
- Travel costs for getting to and from medical appointments
- Childcare costs, if you require support in maintaining family responsibilities
- Special equipment costs, such as positioning pillows or mastectomy bras
- Personal aesthetic costs, such as payments for wigs or prosthetics
To claim special damages, it is important to have evidence of your financial losses. This could include invoices, payslips and bank statements.
Contact our advisors for advice on how to sue for breast cancer misdiagnosis compensation.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
What Will I Need To Sue For Breast Cancer Misdiagnosis?
To sue for breast cancer misdiagnosis, you need to gather evidence that supports your case. This is a collection of information that illustrates how the medical professional provided substandard care, resulting in your avoidable harm.
Some examples of evidence that may support a breast cancer misdiagnosis claim include:
- Copies of your medical records that state the diagnosis and suffering
- Copies of your prescriptions and details of your test results, such as mammograms
- Photographs of your symptoms, such as lumps or rashes
- Diary entries of your symptoms and hospital appointments
- Copies of correspondence with medical professionals
- A copy of the complaint you made regarding the misdiagnosis
- The contact details of anyone who witnessed the substandard care
Gathering evidence is a significant stage of the claims process, as this will determine the success of your claim. If you need help gathering it, our panel of solicitors may assist you.
Additionally, you must start your claim within the 3-year time limit, as set out within the Limitation Act 1980. This runs from the date you received the negligent treatment, or the date you became aware that medical negligence took place (date of knowledge). You can learn more about this time limit and the exceptions for it by reading our limitation period guide.
Contact our advisors if you have any questions about what you may need to sue for breast cancer misdiagnosis.
How To Sue For Breast Cancer Misdiagnosis On A No Win No Fee Basis
You may sue for breast cancer misdiagnosis on a No Win No Fee basis with our excellent panel of solicitors here at How To Sue. They recognise the financial burden that suffering from such medical negligence may place on you or your family. Therefore, they offer their service through a Conditional Fee Agreement (CFA).
By signing this, you can avoid paying upfront costs for their services and also throughout your claim. You also won’t pay for their services if your claim is not successful. However, if your claim is successful, you will pay your solicitor a success fee. This is a percentage of your compensation, which is legally limited.
Not only is seeking the support of our panel of solicitors financially viable, but it also offers many other benefits. For example, throughout your claim, they will:
- Simply explain the entirety of the claims process and walk you through each stage of it
- Utilise their legal skills to help you obtain the highest possible compensation payout
- Set up with an independent medical assessment and mental health support
- Assist you in gathering evidence to establish third-party liability
- Help you apply for interim payments to cover immediate medical costs
- Offer countless support and regularly check in with you, keeping you up to date with the claim
Contact Our Advisors
At How To Sue, we are dedicated to providing a high standard of customer service to all of our clients. Our goal is to try to help you obtain the best compensation payout to help you get back on track with your life after suffering from breast cancer misdiagnosis. Contact our advisors today for more advice on how to sue for a breast cancer misdiagnosis:
- Call them on 0800 408 7827
- Message them via our live chat
- Contact us online
Frequently Asked Questions
For your convenience, here are the answers to some of our frequently asked questions regarding breast cancer misdiagnosis claims.
What Are The Breast Cancer Symptoms?
The symptoms of breast cancer in women include lumps, swelling and changes to the size of the breasts, armpits or chest and nipple discharge and pain that does not go away.
Whereas the symptoms of breast cancer in men include lumps, swelling, ulcers or changes to the size of their chest and nipple discharge or rashes.
What Can Cause Breast Cancer?
There is no one particular cause of a breast cancer diagnosis, as anyone can be diagnosed with it.
However, breast cancer may be caused in women who are over the age of 50, have dense breast tissue, breast issues or a family history of it.
Breast cancer may be caused in men if they are over the age of 60, have suffered from damage or removal of testicles, undergone radiotherapy in their chest or have a family history of it.
How Is Breast Cancer Diagnosed?
Breast cancer is diagnosed in women through breast examinations, x-rays or ultrasounds or a biopsy.
It is diagnosed in men through chest examinations, chest tissue x-rays or ultrasounds or a biopsy.
What Treatment Is Available For Breast Cancer?
Treatment for breast cancer depends on the type of cancer you have, the size of it, your general health, and whether the cancer has spread.
The treatment for women who suffer from breast cancer typically includes surgery, chemotherapy, radiotherapy, hormone therapy, immunotherapy and medicine.
The available treatment for men is generally the same.
More Information
You can find more information about medical negligence claims by reading the guides linked below.
- A guide explaining claims for a stroke misdiagnosis.
- Learn how to sue for hospital compensation
- Information about how to sue for a prescription error.
References
- Learn about breast cancer in women, NHS.UK
- Information about cancer, NHS.UK
- Access mental health services, NHS.UK
Thank you for reading this guide, which explains how to sue for breast cancer misdiagnosis with our excellent panel of solicitors.