In this guide, we will discuss when you could be eligible to claim compensation for cancer that was misdiagnosed as fibromyalgia. We will explain the criteria that must be met in order to start a claim and the process of doing so, including the evidence you could gather to support your case.
Am I Able To Claim If My Cancer Has Been Misdiagnosed As Fibromyalgia?
Medical professionals owe a duty of care to their patients. This means they must provide care that meets the minimum standard. We will explore examples of how a failure to do so could lead to a cancer misdiagnosis.
Furthermore, we will discuss the compensation you could be owed if you make a successful claim as well as the factors considered when valuing your settlement.
Read on to learn more about claiming for the misdiagnosis of cancer. Alternatively, our team of advisers are available to answer questions you may have about the medical negligence claims process. They can offer you a free consultation whenever is most convenient for you, so contact them today by:
- Calling 0800 408 7827
- Completing our ‘Contact Us’ form
- Using the live chat option below to speak to an advisor.
Choose A Section
- What Is The Eligibility Criteria To Claim If Your Cancer Has Been Misdiagnosed As Fibromyalgia?
- Potential Evidence That Can Help When Claiming For Cancer That Has Been Misdiagnosed As Fibromyalgia
- What Is The Time Limit For A Medical Negligence Claim?
- What Compensation Could You Receive From A Misdiagnosis Claim?
- Why Claim For Medical Negligence On A No Win No Fee Basis?
- Learn More About Claiming For Cancer That Was Misdiagnosed As Fibromyalgia
What Is The Eligibility Criteria To Claim If Your Cancer Has Been Misdiagnosed As Fibromyalgia?
You may be eligible to seek compensation after having cancer misdiagnosed as fibromyalgia if you can show that medical negligence occurred. This involves a medical professional failing to provide the correct standard of care and causing you to experience unnecessary harm as a result.
Fibromyalgia is a long-term condition that causes pain all over the body. In some cases, this could be incorrectly diagnosed as cancer because pain is a symptom of several types of cancer. Examples of how a misdiagnosis could occur include:
- You may have persistent bone pain which is one symptom of bone cancer, but a doctor fails to refer you for tests. As a result, you receive the wrong diagnosis.
- You may have ongoing pelvic pain for which some tests are carried out. However, despite the tests being inconclusive, no further tests are carried out. As a result, you are incorrectly diagnosed with fibromyalgia rather than bladder cancer.
If you experience a cancer misdiagnosis, it could mean the condition is left untreated and spreads to other parts of the body. For example, bone cancer could spread to the lungs and kidney cancer could spread to the brain.
It’s important to be aware that not all misdiagnoses will mean a doctor has failed to provide the correct standard of care. As such, you won’t always be eligible to sue a doctor for compensation or a hospital for compensation.
To learn when you could be eligible to seek compensation, get in touch using the number above.
Potential Evidence That Can Help In Medical Negligence Claims
Certain pieces of evidence may help to prove that medical negligence led to your cancer being misdiagnosed as fibromyalgia. This can include:
- A copy of your medical records
- A diary containing details about the physical and psychological symptoms you experience
- Notes about the medical professionals who treated you, as well as dates and places where decisions or treatment took place
One of the services a solicitor may offer is to assist with gathering to help prepare you for a claim. Speak to our team if you have questions about evidence that may benefit your potential misdiagnosis claim.
What Is The Time Limit For A Medical Negligence Claim?
You generally have 3 years to start your claim from the date medical negligence occurred. Alternatively, the three years could start from the date you realise that medical negligence occurred. This is known as the date of knowledge.
There are some exceptions that could apply in certain circumstances. If you’d like to know more about the time limits when claiming for misdiagnosed cancer, contact our team of advisers.
What Compensation Could You Receive From A Misdiagnosis Claim?
The settlement you’re awarded following a successful medical negligence claim could consist of up to two heads of claim. The first, called general damages, is intended to compensate you for the physical and psychological pain and suffering caused by medical negligence.
When assessing this head of claim, medical negligence solicitors can consult the Judicial College Guidelines (JCG). This publication contains guideline compensation brackets for different injuries. We’ve included some of these figures below, though it should be remembered that these are only guidelines.
| Harm | Severity | Compensation Bracket Guidelines |
|---|---|---|
| Moderately Severe Brain Damage (b) | The person will have a very serious disability, which is either physical or cognitive, and will be substantially dependent on others. | £219,070 to £282,010 |
| Moderate Brain Damage (c) (iii) | There will be a reduced ability to work, concentration and memory are affected and there is a small risk of epilepsy. | £43,060 to £90,720 |
| Kidney (a) | Permanent damage of a serious nature to or loss of both kidneys. | £169,400 to £210,400 |
| Kidney (c) | Loss of one kidney, but no damage to the other. | £30,770 to £44,880 |
| Lung Disease (a) | Cases of a young person with a serious disability with the chance of the condition worsening progressively and causing a premature death. | £100,670 to £135,920 |
When Can You Claim For Special Damages In A Medical Negligence Claim?
The settlement you’re awarded following a successful medical negligence claim could also include special damages. This is intended to reimburse you for financial losses you experience due to medical negligence, such as:
- Medical expenses
- Lost earnings, either past or future
- Travel costs
Please note, you should gather evidence of these losses, including receipts, payslips and invoices. Contact our advisers if you’d like to know more about the compensation you could receive for cancer that was misdiagnosed as fibromyalgia.
Why Claim For Medical Negligence On A No Win No Fee Basis?
One of the solicitors on our panel may be able to offer their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
Under the terms of a CFA, you wouldn’t have to pay for the solicitor’s services upfront or while your claim is still ongoing. Also, you generally don’t have to pay for the work they have completed on your claim if it fails.
Instead, your solicitor can take a success fee at the end of the process, but only if your claim succeeds. The amount a No Win No Fee solicitor can take as their success fee is capped by legislation.
Contact Us To See If You Can Make A Medical Negligence Claim
For more information on whether you could claim for cancer that has been misdiagnosed as fibromyalgia, you can speak to our advisers. Our team can provide a free consultation to answer questions you may have about the claims process. Furthermore, they may be able to put you in contact with one of the medical negligence solicitors on our panel. To learn more, speak to our advisers by:
- Calling 0800 408 7827
- Completing our ‘Contact Us’ form
- Using the live chat option below to speak to an advisor
Learn More About The Misdiagnosis Claim Process
Further medical negligence guides we’ve provided:
- How To Claim If Your Cancer Has Been Misdiagnosed As Rheumatoid Arthritis
- When Can You Claim For Pancreatic Cancer Misdiagnosis?
- How To Sue For A Prescription Error Claims Guide
External resources that may help:
- Cancer Research UK – Statistics
- GOV – NHS Constitution For England
- NHS Resolution – Claims Management
We hope this guide has provided useful information about claiming compensation for cancer misdiagnosed as fibromyalgia. If you have any other questions, contact our advisers to learn more.
Article by FIN
Edited by MIT