Having cancer misdiagnosed as fibromyalgia is a form of medical negligence which is both life-threatening and altering. So, if you or a loved one suffered avoidable harm as a result of this, our excellent panel of solicitors at How To Sue are here to support you.
If you are eligible to pursue a cancer misdiagnosis claim, they can assist you in navigating the claims process, utilising their legal knowledge and skills. In doing so, they will try to help you gain the justice and compensation you deserve.
Key Takeaways
- Fibromyalgia is a long-term health condition which reduces a person’s quality of life. Although it is typically not fatal, having cancer misdiagnosed as this can be.
- Symptoms of fibromyalgia include widespread pain, sensitivity and stiffness, fatigue, headaches and cognitive problems, which are also associated with cancer.
- Medical providers must provide care and treatment to the correct standard and ensure cancer is diagnosed correctly as this can be life-threatening. They should listen to a patient’s worries and concerns to avoid misdiagnosing cancer as fibromyalgia.
- If you or a loved one suffered avoidable harm due to cancer being misdiagnosed as fibromyalgia, you may be eligible to claim compensation.
- Our panel of medical negligence solicitors at How To Sue, may help you claim cancer misdiagnosis compensation on a No Win No Fee basis.
Contact our friendly advisors today. They can help assess whether your claim for cancer that was misdiagnosed as fibromyalgia is valid. If it is, they can connect you to a solicitor from our panel who might be able to represent your medical negligence claim.
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 Cancer Misdiagnosed As Fibromyalgia
- 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 For Cancer Misdiagnosed As Fibromyalgia?
- Why Claim For Cancer Misdiagnosed As Fibromyalgia On A No Win No Fee Basis?
- Learn More About Claiming For Cancer That Was Misdiagnosed As Fibromyalgia
How To Sue For Cancer Misdiagnosed As Fibromyalgia
To sue for cancer misdiagnosed as fibromyalgia, it must be established that you or a loved one suffered avoidable harm as a result of a negligent medical professional. This means that you must prove a medical professional’s treatment was substandard, resulting in a misdiagnosis and unnecessary suffering.
The claims eligibility criteria is laid out below, if the circumstances of your suffering meet this, you may be able to sue for cancer misdiagnosed as fibromyalgia.
- A medical professional owed you a duty of care.
All medical professionals, including those in public and private settings, owe their patients a duty of care. This means that they must maintain good medical practice at the professional standard expected of them.
Regarding your claim, this means that they must take care to correctly identify your symptoms and send you for relevant tests to rule out cancer and ensure that your condition is not misdiagnosed as fibromyalgia.
- The medical professional breached their duty of care.
A medical professional may be in breach of their duty of care if their treatment falls below the standard expected of them. For example, they may fail to consider the full range of your symptoms.
In relation to your claim, a medical provider may be in breach of their duty if they fail to document your symptoms, conduct medical assessments, refer you to cancer specialists or misdiagnose your cancer as fibromyalgia.
- This caused avoidable or unnecessary harm.
Finally, you or a loved one must have suffered avoidable or unnecessary harm as a result of medical negligence. Such harm may be physical or psychological and in your circumstances must have resulted in your cancer being misdiagnosed as fibromyalgia.
For example, the misdiagnosis may have led to a delay in treatment, causing the cancer to grow and spread to other areas of the body. Such unnecessary suffering may give rise to a misdiagnosis claim as it may have been avoidable if the correct standard of care was provided.
Contact our advisors today to undergo a free consultation to determine your eligibility to sue for cancer misdiagnosed as fibromyalgia.
Evidence That Can Help When Claiming For Cancer That Has Been Misdiagnosed As Fibromyalgia
Evidence is an important resource that can help you claim for cancer that was misdiagnosed as fibromyalgia. Such information establishes how the medical professional was in breach of their duty of care resulting in the cancer being misdiagnosed as fibromyalgia.
Some examples of evidence that may prove this include:
- Copies of your medical reports, treatment plans and prescriptions
- Medical reports stating the cancer was misdiagnosed as fibromyalgia
- Diary entries of your symptoms and medical appointments
- Correspondence with medical professionals
- A copy of any complaints you issued against the medical provider
For more information about proving medical negligence, please read our evidence guide or contact our friendly advisors.
What Is The Time Limit For A Medical Negligence Claim?
There is a 3 year time limit to pursuing a medical negligence claim. However, there may be some exceptions to this which our advisors may discuss with you.
Regarding your claim, the 3 year time limit may commence on:
- The date you suffered from medical negligence or,
- The date you receive knowledge that your cancer was misdiagnosed as fibromyalgia
If you go beyond the limitation period, your claim may become time-barred, depriving you of the opportunity to pursue it. So, it is useful to contact our advisors in a timely manner and keep a record of any key dates.
For more information about this, please read our medical negligence time limit guide.
What Compensation Could You Receive For Cancer Misdiagnosed As Fibromyalgia?
The compensation you could receive for cancer being misdiagnosed as fibromyalgia depends on the significance of your harm and the impact this has had on your life. This is determined under the head of claim general damages, which takes into account both physical and psychological harm and loss of amenity.
To ensure your compensation truly reflects your harm, your solicitor may arrange for you to undergo an independent medical assessment for an official and unbiased report of the extent of your suffering.
Your solicitor will then review this alongside compensation guidelines created by the Judicial College (JCG). This is a list of injuries and illnesses that are presented alongside their suggestive compensation amounts. Solicitors refer to this to ensure fairness and consistency with compensation payouts.
The table below contains examples from the JCG of suggestive compensation brackets for harm that could result from cancer being misdiagnosed as fibromyalgia. Although you may read this for examples of how your compensation may be valued, please note that you are not guaranteed to receive such awards. Also note that the figure in the first row was not taken from the JCG.
| Harm | Compensation | Notes |
|---|---|---|
| Multiple Severe Injuries and Significant Financial losses | Up to £1 million plus | Suggested for multiple, severe injuries that cause significant monetary losses, such as lost wages, home support and medical expenses. |
| Very Severe Brain Damage | £344,150 to £493,000 | Such awards are determined by life expectancy, awareness, physical limitations and behavioural problems. |
| Moderate Brain Damage (i) | £183,190 to £267,340 | Suggested for moderate to severe intellectual deficit, personality changes and sensory impairment. |
| Paraplegia | £267,340 to £346,890 | Such brackets are determined by the extent of pain, independence, age and life expectancy. |
| Bowel Injuries (b) | Up to £183,190 | Suggested for a loss of natural functioning of the bowels, requiring a colostomy. |
| Bladder Injuries (b) | Up to £171,680 | Suggested for loss of natural function and control of the bladder. |
| Lung Disease (a) | £122,850 to £165,860 | Suggested for a young person with a possible worsening prognosis and premature death. |
| Severe Psychiatric Damage | £66,920 to £141,240 | Factors that considered such brackets include a person's ability to cope with life, their prognosis and treatment. |
| Moderately Severe Psychiatric Damage | £23,270 to £66,920 | The factors above are considered however, the prognosis is more optimistic. |
| Kidney Injuries (b) | Up to £78,080 | Suggested if there is a risk of risk of future urinary tract infection and loss of kidney functioning. |
When Can You Claim For Special Damages In A Medical Negligence Claim?
You can claim special damages in a medical negligence claim if the avoidable harm you suffered caused you to incur monetary losses.
Some examples of financial losses associated with claims for cancer being misdiagnosed as fibromyalgia include:
- Medical costs for private treatment and medication
- Payments for rehabilitation and mental health services
- Care costs such as palliative and domiciliary support
- Home modification costs such as ramp and walk in showers
- Special equipment costs such as supportive chemotherapy tools
- Lost earnings and work benefits such as bonuses for time off
- Travel costs for going to and from appointments
Please keep a record of your losses such as payslips, receipts and medical bills as these may be required as evidence to support your claim.
Reach out to our advisors today to learn more about how much compensation you may claim for cancer misdiagnosed as fibromyalgia.
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.
Why Claim For Cancer Misdiagnosed As Fibromyalgia On A No Win No Fee Basis?
Claiming for cancer being misdiagnosed as fibromyalgia on a No Win No Fee basis can be very beneficial. Suffering from medical negligence can be costly itself, requiring you to pay expenses for further treatment and support. Therefore, it is understandable that you may be worried about the cost of legal representation for your claim.
However, at How to Sue, our panel of solicitors offer No Win No Fee support under a Conditional Fee Agreement (CFA). This means that you can receive cost-friendly professional guidance without paying solicitors’ fees upfront. You also won’t pay these fees as the claim is ongoing or if you aren’t awarded compensation. Instead, if your claim is successful, your solicitor will take a legally capped percentage of your compensation to cover their small success fee.
Although you have no obligation to have legal representation, there are many other benefits to seeking the support of our panel of solicitors. For example, they will:
- Guide you through your claim offering support and legal advice
- Utilise their legal skills and knowledge build your misdiagnosis claim
- Set you up with an independent medical assessment to support your claim
- Help you access mental health support and rehabilitation services
- Accurately value your compensation and calculate your financial losses
- Assist you in making an application for interim payments for medical costs
- Negotiate compensation settlements with third parties on your behalf
By pursuing a claim with us, you can trust that our experienced panel of solicitors will take the necessary steps to help you obtain the justice and compensation you deserve for how your cancer misdiagnosis has impacted your life.
Contact Our Team To Begin A Claim
Contact our friendly advisors today to start your cancer misdiagnosed as fibromyalgia claim by:
- Calling them on 0800 408 7827 for a free consultation to determine your eligibility to pursue a claim
- Sending them a message containing your questions on a confidential and secure live chat
- Filling out our contact us form
Our helplines are open 24 hours a day, 7 days a week, so reach out to our advisors at a time that suits you.
Learn More About Claiming For Cancer That Was Misdiagnosed As Fibromyalgia
For more information about medical negligence claims and cancer misdiagnosed as fibromyalgia, please read the following guides.
- A guide explaining medical negligence claims
- Learn more about cancer misdiagnosis claims
- Information about GP misdiagnosis claims
References
- Learn more about cancer, NHS.UK
- Information about fibromyalgia, NHS.UK
- Read about good medical practice, GMC.UK.ORG
Thank you for reading our guide which explains how to sue for cancer misdiagnosed as fibromyalgia.