By Stephen Chambers. Last Updated 20th February 2024. Have you had cancer misdiagnosed as adenomyosis? If this error was the result of medical negligence and caused unnecessary harm, then you could be owed compensation. In this article, you can find out more about whether or not you’re eligible to claim for a misdiagnosis of cancer.
We’ll be covering subjects such as:
- Evidence you’ll need to claim
- How much your settlement could be worth
- Working with a No Win No Fee lawyer on a medical misdiagnosis claim
Our advisors are standing by on a 24/7 basis to answer questions regarding your claim. Feel free to get in touch whenever you need. You can do so in a few different ways:
- Call our advisors on 0800 408 7827
- Contact us by filling out our webform
- Use the pop-up chat window in the corner
Choose A Section
- When Are You Able To Claim For Cancer Being Misdiagnosed As Adenomyosis?
- How Can Cancer Be Misdiagnosed As Adenomyosis?
- Potential Evidence That Could Be Used In A Medical Negligence Claim
- Is There A Time Limit For Claiming For Cancer Misdiagnosed As Adenomyosis?
- What Compensation Could You Receive From Medical Negligence Claims?
- Why Claim For A Missed Cancer Diagnosis On A No Win No Fee Basis?
- Learn More About Claiming For A Potential Cancer Misdiagnosis Payout
When Are You Able To Claim For Cancer Being Misdiagnosed As Adenomyosis?
In order to make a claim for misdiagnosis, to first need to establish that you were owed a duty of care. In addition to this, you also need to prove that this duty of care was breached and that this led to your health being affected in a way that would have been avoided by the right level of care.
Every healthcare professional owes their patients a duty of care. This means that the care they provide needs to meet an acceptable standard. Claims can then be made if this standard isn’t met in a way that causes avoidable and unnecessary harm.
Not all instances of misdiagnosis will form the basis of a valid medical negligence claim. For example, if you saw a doctor with symptoms that aren’t typical of the condition you’re suffering from, they may not be able to diagnose you using the information they have.
However, if you attended your GP with symptoms that were clearly indicative of you suffering from a form of cancer, such as endometrial cancer (also known as uterine cancer), and you have a family history that should have raised this as a concern, but your doctor failed to refer you for additional tests, this could be an example of a breach of duty of care.
Get in touch with us today if you have any questions about medical negligence cases, including guidance about eligibility and whether you could claim compensation.
How Can Cancer Be Misdiagnosed As Adenomyosis?
Adenomyosis is when the lining of the womb (the endometrium) is found within the muscles of the uterus (the myometrium). The cause of the condition is unknown, although some women may be genetically predisposed. According to the NHS, symptoms of adenomyosis can include:
- Periods that are heavy, painful, or irregular
- Pre-menstrual pain in the pelvis
- The feeling of fullness or abdominal pain
- Pain during bowel movements or intercourse (less common)
Below, we have included some examples of how endometrial cancer could be misdiagnosed as adenomyosis:
- You’re sent to a hospital for follow-up tests after you complain of symptoms. However, the test is done incorrectly, so you’re told you don’t have cancer and the condition spreads without the cancer treatment required.
- Your test results and those of another patient are mixed up, meaning that you receive their diagnosis.
If uterine cancer is misdiagnosed as adenomyosis by a medical professional, there could be a physical and psychological impact. For example, it could lead to the cancer spreading to areas such as the bladder or rectum.
Get in touch to find out if you could be owed medical misdiagnosis compensation. We can tell you more about how to sue a hospital for compensation, along with more general guidance on medical negligence claims.
Potential Evidence That Could Be Used In A Medical Negligence Claim
When cancer is misdiagnosed as adenomyosis, you need to be able to present evidence. This is to prove that medical negligence has caused or contributed to your avoidable worsening condition.
Here are some examples:
- A symptoms diary – Keep track of your symptoms, including dates and any medical consultations or appointments. Make sure to mention your physical and mental state, as both can be accounted for when your claim is valued.
- Medical records – You have the legal right to request your medical records. These official documents will contain information relating to your injuries and treatment.
- Records of financial losses – For example, if you have had to pay for travel costs to and from medical appointments that you otherwise would not have to attend, you could claim this back.
The list above, although not exhaustive, contains examples of evidence you can use in other medical negligence claims too. For instance, those claiming for a misdiagnosis of lung cancer, pancreatic cancer, or breast cancer could also present this kind of evidence in support of their claim.
For more examples and information, speak to our advisors today.
Is There A Time Limit For Claiming For Cancer Misdiagnosed As Adenomyosis?
In accordance with the Limitation Act 1980, there is a three-year time limit for starting a medical negligence claim. This usually starts from the date the medical negligence occurred or the date you realised or were expected to have known that it had occurred. The latter is known as the date of knowledge.
The time limit can work differently under certain circumstances. If the party affected by medical negligence lacks the mental capacity to start their own claim, then the time limit will be frozen indefinitely. While the time limit is frozen, a litigation friend could start a claim on behalf of the party that has been harmed. If, however, the person later regains their mental capacity and a claim has not been made, then they will have three years to start a claim from the day of recovery.
If a child has been affected by a cancer misdiagnosis, then the time limit for starting a claim will be put on hold until their 18th birthday. A litigation friend could start a claim on the child’s behalf before they turn 18. Otherwise, the child will have three years to start their own claim from the date of their 18th birthday.
For more advice on your eligibility to start a medical negligence claim for cancer misdiagnosed as adenomyosis, contact our advisors for free either online or by calling us.
What Compensation Could You Receive From Medical Negligence Claims?
When you make a successful medical negligence compensation claim following a misdiagnosis, the settlement you receive can be made up of two heads.
The figure that’s awarded to account for your pain and suffering in a successful claim is called general damages. We’ve included some figures from the latest edition (2022) of a publication called the Judicial College Guidelines (JCG). Legal professionals use the JCG as part of the process of valuing compensation.
Injury | Severity | Amount |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | If you are making a medical negligence claim for multiple injuries/illnesses, then you may receive a payout covering all of these as well as related special damages, such as loss of earnings. | Up to £500,000+ |
| Bladder | (a) Double incontinence, loss of natural function in bladder and bowel. | Up to £184,200 |
| Bladder | (b) Total function and control loss | Up to £140,660 |
| Bladder | (c) Pain, incontinence, control is seriously impaired | £63,980 to £79,930 |
| Female reproductive system | Infertility, accompanied by sexual dysfunction, scarring, pain, and severe mental health disorders such as anxiety and depression | £114,900 to £170,280 |
| Female reproductive system | Permanent sexual dysfunction, but in cases where the person would not have had children, or already has children | £43,010 to £102,100 |
| Female reproductive system | Infertility, but without complications of a medical nature and no sexual dysfunction. The injured party will already have children | £17,960 to £36,740 |
| Female reproductive system | Infertility, but where the person would never had had children - For instance, due to age | £6,610 to £18,680 |
| Psychiatric Damage Generally | (a) Severe- Marked problems with respect to prognosis and ability to cope with life, work and education. | £54,830 to £115,730 |
Special Damages
Uterine cancer misdiagnosis claims could also include special damages. This is the head of claim that compensates you for the financial damage caused as a result of your injuries. For instance, you may have been financially affected by:
- Medical expenses
- Loss of earnings
- Travel costs
You need evidence such as receipts and payslips to prove that these losses occurred and that they’re related to your injuries.
Why Claim For A Missed Cancer Diagnosis On A No Win No Fee Basis?
If you want to find legal help for a valid claim relating to medical negligence, a No Win No Fee deal could be of interest you. In particular, a Conditional Free Agreement could be offered to you by medical negligence solicitors from our panel.
This means that if your claim is successful, your solicitor takes a small percentage of your compensation as their payment. If you aren’t successful in your claim, then your lawyer generally won’t charge you for their services. There are also no upfront or ongoing fees to address when working with a No Win No Fee lawyer.
Contact Us For Free 24/7 To See If You Can Receive Medical Misdiagnosis Compensation
Get in touch with our advisors today for free advice about whether you could claim for a cancer misdiagnosis that occurred due to negligence by medical professionals. If you have a valid claim, they could connect you with a No Win No Fee lawyer if they think you have a legitimate claim. We can also answer questions you may have.
You can:
- Call our advisors on 0800 408 7827
- Contact us by filling out our webform
- Use the pop-up chat window in the corner
Learn More About Claiming For A Potential Cancer Misdiagnosis Payout
Here is some additional information on the topic of cancer misdiagnosed as adenomyosis and related subjects:
- Claiming if your cancer was misdiagnosed as rheumatoid arthritis
- Guidance on claiming for a missed wrist fracture
- Find out if you could claim for being prescribed the wrong medication
- An NHS guide on cancer of the uterus
- Living with womb cancer– Information from Cancer Research UK
- NHS information on chemotherapy