How To Sue For A Lung Cancer Misdiagnosis

To sue for a lung cancer misdiagnosis, you must show that a healthcare provider caused you avoidable harm due to substandard medical care.

All medical professionals, including GPs, consultants, radiologists, and private healthcare specialists, have an obligation to provide patients with the correct standard of care. This is known as a duty of care, which also applies to medical facilities, such as hospitals.

Say a doctor misreads test results, dismisses symptoms, or fails to refer you for a scan where appropriate. In such a scenario, they may have provided a level of care that fell below expected standards. If that also caused avoidable harm, this might form the basis for a valid compensation claim.

As such, to sue for a lung cancer misdiagnosis, you must meet the following eligibility criteria:

A medical professional owed you a duty of care.
This responsibility was breached as a result of substandard care.
You suffered avoidable harm due to this breach.

However, it’s important to point out that not all instances of harm will be caused by substandard medical care. If you’re unsure whether you’ve experienced medical negligence, please continue reading, as we will explore several scenarios showing how it might occur.

What Are The Signs And Symptoms Of Lung Cancer?

The signs and symptoms of lung cancer can vary. Early detection is crucial, yet symptoms can sometimes be mistakenly attributed to other less serious conditions.

Common symptoms of lung cancer include:

A persistent cough or coughing up blood.
Shortness of breath, hoarseness.
Chest pain.
Unexplained weight loss.
Fatigue.
Recurrent chest infections.

If a doctor fails, for example, to investigate such symptoms and causes otherwise unnecessary harm, it could potentially form the basis of a compensation claim.

Can I Claim If Another Condition Was Misdiagnosed As Lung Cancer?

Yes, you may be able to claim if another condition was misdiagnosed as lung cancer. A wrong diagnosis can cause significant psychological trauma, lead to unnecessary treatment, and potentially leave a patient with long-term health issues.

Claimants in these cases may have undergone chemotherapy or surgery they didn’t need, or lived with the distress of believing they had a terminal illness. This is known as a false positive and could create grounds for a clinical negligence claim if it led to avoidable pain and suffering.

Common Conditions That Lung Cancer Is Misdiagnosed As

There are several common conditions that lung cancer can be misdiagnosed as, especially if a medical professional fails to listen to your concerns or send you for appropriate tests. Those conditions include:

Chronic obstructive pulmonary disease (COPD).
Irritable bowel syndrome (IBS) (when misinterpreting systemic symptoms).
Pneumonia.
Tuberculosis.
Asthma.
Bronchitis.

No matter what the condition is, a misdiagnosis can lead to delays in correct treatment and significantly affect a patient’s prognosis.

Have you been misdiagnosed with a different condition when it was actually lung cancer? Speak to our advisors today about how to sue for a lung cancer misdiagnosis. You may be able to seek compensation for the harm caused.

What Amount Of Lung Cancer Misdiagnosis Compensation Could I Receive?

The amount of lung cancer misdiagnosis that you could receive may depend on various factors. When you make a medical negligence claim, your compensation might be split into 2 parts: general and special damages.

General damages cover the psychological and physical effects of your avoidable harm. If that harm causes financial loss, then such costs can be claimed for under special damages.

When calculating general damages, several factors are considered, including:

The severity and progression of the disease.
Whether the condition has become terminal or life-limiting.
The extent of the physical pain and suffering caused.
Any long-term disability or loss of function.
The emotional and psychological impact.
The overall effect on your quality of life.

Solicitors may value general damages using information from the Judicial College Guidelines (JCG). This document is beneficial here because it contains compensation bracket guidelines for different types of harm.

Below, you can find some brackets from the JCG (except for the top row, which doesn’t come from the document). Please note that the compensation brackets shown in the table below are not a guarantee. All medical misdiagnosis claims are different, meaning any compensation paid out will reflect the individual circumstances of your case.

Harm	Severity	Compensation guidelines
Multiple types of severe harm plus special damages (e.g. medical expenses)	Severe	Up to £500,000+
Lung disease	Seriously disability (a)	£122,850 to £165,860
	Lung cancer (b)	£85,460 to £118,790
	Breathing difficulties (d)	£38,210 to £66,920
	Wheezing without serious symptoms (e)	£25,380 to £38,210
	Some slight breathlessness (f)	£12,990 to £25,380
Psychological damage	Severe (a)	£66,920 to £141,240
	Moderately severe (b)	£23,270 to £66,920
	Moderate (c)	£7,150 to £23,270

What Can Misdiagnosed Lung Cancer Compensation Help With?

While general damages compensate for your physical and psychological suffering, special damages are crucial in helping you recover the financial losses that have resulted from the harm.

Examples of what special damages may cover in a lung cancer misdiagnosis claim include:

Loss of earnings due to time off work during missed or extended treatment.
Private diagnostic tests or consultations not covered by the NHS.
Costs of travelling to specialist hospitals or treatment centres.
Home adjustments to improve overall accessibility, if the condition has progressed and reduced mobility.
Paid care or support from family members.
Counselling or psychological therapy to manage the impact of any psychological harm you’ve suffered.

In order to claim special damages, you will need to provide evidence of your losses, such as receipts, payslips, or invoices.

Call today to find out how one of the solicitors from our panel could help you document and prove your financial losses.

The Process Of Diagnosing Lung Cancer

Typically, there are several stages to the process of diagnosing lung cancer. Any failures during this process can increase the risk of a misdiagnosed cancer and may be grounds for a claim.

Typical diagnostic steps include:

Taking a detailed medical history.
Physical examination.
Referral to a specialist if cancer is suspected.
Blood tests and imaging (X-rays or CT scans).
Sputum cytology (testing mucus for cancer cells).
Biopsy of lung tissue.

If a medical professional failed to follow appropriate steps and caused a delayed cancer diagnosis, you may be able to seek compensation. Contact our advisors now to learn more about how to sue for a lung cancer misdiagnosis.

Examples Of How Medical Negligence Could Lead To A Misdiagnosis

Below are some examples that show how medical negligence could lead to a misdiagnosis and a potentially valid compensation claim:

You visit your GP multiple times with ongoing symptoms of lung cancer, such as a persistent cough and unexplained weight loss. Despite you reaching out for help several times, your GP dismisses your concerns and fails to refer you for a chest X-ray or specialist assessment. Months later, you’re diagnosed with advanced-stage lung cancer that could have been detected earlier with proper investigation.
A hospital doctor misreads your chest X-ray, incorrectly diagnosing a lung shadow as pneumonia rather than ordering a CT scan to investigate further. You are prescribed antibiotics and sent home. The real cause (a malignant tumour) is only discovered months later, after the cancer has spread to your lymph nodes.
Your blood test results show elevated tumour markers, but the lab technician fails to flag them for urgent review. The delay in reviewing your test results means your cancer diagnosis is pushed back, reducing the effectiveness of your treatment options and impacting your prognosis.
You present at A&E with breathlessness and chest pain, but staff attribute your symptoms to asthma and fail to take a proper patient history or order imaging. Only after your condition deteriorates and you are admitted again is the correct diagnosis of lung cancer made, by which time the disease has progressed significantly.

As you can see, negligent care in lung cancer misdiagnosis cases often involves missed opportunities for early detection, incorrect interpretation of symptoms, or failures in the diagnostic process. When that results in avoidable harm, it could be grounds to claim compensation.

If you’ve experienced similar failings in your care, contact our advisors for a free, sensitive consultation on how to sue for a lung cancer misdiagnosis. They can help you determine whether you may be entitled to make a claim.

What Complications Could A Lung Cancer Misdiagnosis Result In?

A lung cancer misdiagnosis could result in serious and sometimes life-threatening complications. When cancer is not diagnosed and treated promptly, it can progress to more advanced stages, reducing the effectiveness of treatment and significantly affecting a patient’s outcome.

Potential complications of a lung cancer misdiagnosis include:

Cancer metastasis – The disease may spread to other parts of the body, such as the brain, bones, or liver, making it harder to treat and reducing survival chances.
Delayed or missed treatment – Opportunities for early-stage interventions like surgery or targeted therapies may be lost, limiting treatment options.
More aggressive treatment required – A later diagnosis might mean more intensive chemotherapy, radiotherapy or surgery is needed, which can result in greater side effects and recovery time.
Increased risk of a terminal prognosis – The chances of survival may drop significantly due to late-stage detection.
Psychological trauma – Patients may suffer from anxiety, depression, or loss of trust in healthcare providers due to the misdiagnosis.
Greater financial and practical burden – Ongoing care, reduced ability to work, and higher treatment costs can place a strain on the patient and their family.

If your health has worsened because of a cancer misdiagnosis, you may be entitled to seek compensation. Contact our advisors today to discuss your situation in confidence.

How To Start a Misdiagnosed Lung Cancer Claim

To begin a misdiagnosed lung cancer claim, you’ll need to ensure your case falls within the time limit set out by the Limitation Act 1980. In most cases, you have 3 years to start a claim from the date the negligence occurred. However, it’s also possible for those 3 years to be counted from the date you became aware of the medical negligence.

Additionally, there are exceptions where the time limit is paused for individuals who are unable to bring a claim themselves. In such cases, a litigation friend may be appointed to act on their behalf.

The exceptions to the 3-year time limit are for:

Children under 18 – The 3-year time limit does not begin until their 18th birthday. A litigation friend (such as a parent or guardian) can make a claim on their behalf at any time before this.
Adults lacking mental capacity – If the claimant is unable to manage their own affairs, the time limit is paused indefinitely unless they recover their mental capacity. Then, the 3-year time limit will take effect from the point of that recovery. Otherwise, a litigation friend can pursue the claim at any point while this time limit is paused.

Proving A Misdiagnosed Lung Cancer Claim

In order to prove a misdiagnosed lung cancer claim, you need evidence that shows how you suffered avoidable harm due to substandard medical care.

Evidence for cancer misdiagnosis compensation claims may include:

Copies of your full medical records, including GP notes, hospital admission reports, and discharge summaries.
Diagnostic reports and test results, such as chest X-rays, CT scans, biopsy results, and blood tests.
Referral or treatment delays showing missed opportunities for early detection.
Correspondence with healthcare providers, such as appointment letters, complaints, or emails raising concerns.
Contact details from witnesses who can provide a statement to your solicitor, such as family members who attended consultations or helped with your care.

Our panel of solicitors work closely with clients to gather this evidence on their behalf, helping to reduce the burden during what is often an already stressful and emotional time.

Contact our advisory team now to get the support you need regarding how to sue for a lung cancer misdiagnosis.

No Win No Fee Lung Cancer Claims

Our panel of specialist solicitors handle No Win No Fee lung cancer claims through an arrangement called a Conditional Fee Agreement (CFA).

A CFA means:

No upfront solicitor fees – You don’t pay anything to start your claim.
No solicitor fees during the claim – Your solicitor doesn’t charge such fees while your case is ongoing.
No solicitor fees if the claim fails – If you lose, you can have peace of mind that you won’t have to pay these fees.

You only pay a success fee (taken from your compensation) if your claim wins. A success fee is a capped percentage of the compensation and acts as payment for your solicitor’s work. This small fee is agreed between you and your solicitor before the claims process starts, so there are no surprises if you win.

At How To Sue, our panel of solicitors understand that the decision to pursue compensation during an already difficult time is never taken lightly. That is why they have a client-focused approach, always tailoring their services to meet the individual needs of a case, including:

Help with gathering evidence.
Access to support from psychologists, occupational therapists, and other specialists.
Expert representation during negotiations to secure the maximum compensation.
Straightforward guidance on all aspects of the claims process.
Prompt updates on the status of the case so you never feel lost about where it stands.

Contact Our Advisors To Begin A Claim

If you’re ready to begin a claim with one of the No Win No Fee solicitors from our panel, please contact our advisors today using the details listed below:

Call 0800 408 7827.
Fill out our Contact Us form.
Message in our on-screen live chat box.

Learn More

Here are some of our other medical negligence claims guides:

Read about claiming for a thyroid cancer misdiagnosis.
Find out how to sue for a pancreatic cancer misdiagnosis.
Learn about pursuing breast cancer misdiagnosis compensation.

Additionally, these pages from other sites might offer useful information:

NHS – lung cancer diagnosis.
Cancer Research UK – lung cancer resources.
General Medical Council (GMC) – what good medical practice is expected.

For more guidance on how to sue for a lung cancer misdiagnosis, contact our team today for free advice and support.

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