Can You Claim For Misdiagnosed Cancer?

Have you been subject to a case of misdiagnosed cancer? If so, you may be able to make a medical negligence claim, provided it was caused by a breach of duty of care.  Medical professionals, for instance, doctors, nurses and GPs, owe a minimum standard of care to their patients. To be eligible to seek medical misdiagnosis compensation, you must have sustained avoidable harm due to negligence. 

Misdiagnosed cancer

Misdiagnosed cancer claims guide

This guide will explore specific scenarios that might lead to a medical negligence claim. We will also look at how much compensation you could be entitled to in a successful claim. 

Moreover, we will examine the various steps you can take to strengthen your case, for example, gathering evidence or hiring a solicitor. We will also inform you of the benefits of making your claim for medical negligence with a No Win No Fee agreement in place. 

If you would like to speak directly to a member of our team, you can do so. They are available 24 hours a day, 7 days a week, to provide you with free legal advice. To get in touch: 

Choose A Section

  1. When Can You Claim For Misdiagnosed Cancer?
  2. When Are You Eligible To Make A Misdiagnosed Cancer Claim?
  3. What Potential Compensation Could Be Received From A Medical Negligence Claim?
  4. What Evidence Could Be Used In A Medical Misdiagnosis Compensation Claim?
  5. How Can You Claim For Medical Negligence On A No Win No Fee Basis?
  6. Learn More About Claiming For Misdiagnosed Cancer

When Can You Claim For Misdiagnosed Cancer?

Not all harm suffered at the hand of a medical professional could mean that you are entitled to claim. Sometimes it is necessary for you to come to harm, for example, the side effects of undergoing chemotherapy. 

In order to claim, you must have experienced avoidable harm as the result of a breach of duty of care. A medical professional’s duty of care means that they must provide a minimum level of care and prevent their patients from coming to unnecessary harm.

This guide will look at the potential for you to claim if you were: 

  • Diagnosed with another illness or being told you don’t have a condition at all before being given the correct diagnosis of cancer. For example, being told you have an autoimmune disorder when in reality you have misdiagnosed thyroid cancer.
  •  Misdiagnosed with cancer whilst actually having another illness, or without being ill at all.

The severity of the harm that you experience and the impact it has on your life, in conjunction with any financial losses sustained, will determine how much compensation you could be owed for a successful misdiagnosed cancer medical negligence claim. 

For further details on the medical negligence claims process, please contact a member of our team. If you have a valid case, you could be put in contact with a lawyer from our panel to work on your case. 

When Are You Eligible To Make A Misdiagnosed Cancer Claim?

Medical professionals owe you a minimum standard of care when you are under their care. 

The General Medical Council provides guidance on good medical practice for medical professionals, such as a doctor or nurses. Whereas for nurses, the Royal College of Nursing provides guidance on the duty of care for nurses.

 To be able to claim, you must be able to prove that you were owed a duty of care and that this has been breached, causing you to suffer unnecessary physical or mental harm as a result.

There are many ways in which you could come to unnecessary harm at the hands of a medical professional. For example: 

  • A nurse could misread your scan. Consequently, you are misdiagnosed with adenomyosis, and your physical condition worsens because you aren’t getting the treatment you need. 
  • Your test results may be labelled incorrectly, and you receive somebody else’s results rather than your own. Due to the error, you take the wrong medication that is not required, which causes you unnecessary physical pain. 
  • You could go to your doctor with concerns about a lump, but they brush off your concerns despite you showing clear symptoms of cancer and having a family history of the disease. As a result, your condition worsens, and you require chemotherapy, which could have been avoided with a more prompt diagnosis.

If you have been involved in a situation similar to the examples provided above, please do not hesitate to contact a member of our team. They can tell you whether you could be entitled to a claim and, if so, may connect you with a lawyer from our panel. 

What Potential Compensation Could Be Received From A Medical Negligence Claim?

The misdiagnosed cancer compensation you might be awarded if your claim is won could be made up of general and special damages. 

Firstly, general damages seek to compensate you for any pain and suffering you may endure as a result of a doctor’s negligence. This head of claim accounts for both physical and mental harm. 

For example, you may be compensated for your condition worsening after a doctor incorrectly informs you that you do not have cancer. Furthermore, the increased anxiety or depression you could suffer as a result of your life expectancy being reduced could be considered in your claim. 

We have compiled a table using compensation figures from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to assist them when valuing claims. 

Despise these figures also being taken from previous court cases, they are not guaranteed. This is because each medical negligence claim is unique

Body Part SeverityCompensation Bracket
Kidney Severe permanent damage to, or the loss of, one or both kidneys. £169,400 to £210,4000
Kidney Considerable risk of urinary tract infection or other losses of natural kidney functionality. Up to £63,980
Bladder An injury that involves double incontinence, for instance the loss of natural bowel function and complete loss of urinary function and control, in conjunction with other medical complications.Up to £184,200
Bowels Total loss of natural bowel function as well as complete loss of urinary function and control.Up to £184,200
Bowels Total loss of natural function and reliance of colostomy. Up to £150,110
Female reproductive system Infertility with sexual dysfunction, pain and scarring. £114,900 to
£170,280
Male reproductive system Total loss of reproductive organsIn excess of
£153,870
Lung Worsening of a condition in a young person where it worsens causing premature death. £100,670 to £135,920
Lung Lung cancer in someone who is older causing impairment of function and effect on quality of life. £70,030 to £97,330
SpleenWhere the loss of the spleen causes an impact on the immune system leading to a £20,800 to £26,290

Special Damages In Hospital Negligence Claims

Additionally, you could be awarded special damages for any financial losses incurred as a result of the misdiagnosed cancer. For example, you might have to pay for a private carer to look after you due to your worsened state. 

These care costs could be covered by special damages when you sue a hospital. This head of claim could also reimburse you for: 

  • Travel costs
  • Medical expenses 
  • Loss of earnings 
  • Home adaptations 

Keeping a record of all the financial harm you sustain is recommended. Without proof, you might not be compensated for all the costs you have incurred. 

If you would like a more in-depth look at how much hospital compensation you could be awarded after misdiagnosed cancer caused by negligence, please contact a member of our team.  

What Evidence Could Be Used In A Medical Misdiagnosis Compensation Claim?

We have previously mentioned the importance of proving that medical negligence has taken place and that you have been harmed. An effective way of doing this is to gather evidence. 

You could do this in the following ways: 

  • Gather witnesses’ details for statements to be taken at a later date 
  • Keep a record of correspondence with medical professionals, such as diagnosis, symptoms and treatments
  • Keep a diary of your treatments and symptoms as well as the impact on your mental state 
  • Seek medical care and request copies of the records this generates

If you get in touch with our team, an advisor could connect you with a solicitor from our panel who may help you collect evidence if you have a valid case. 

How Can You Claim For Medical Negligence On A No Win No Fee Basis?

If a medical professional has misdiagnosed your cancer as a result of a breach of duty of care, you may wish to be represented by one of the medical negligence solicitors from our team.

They could offer you a Conditional Fee Agreement (CFA). This is a type of agreement that falls under the No Win No Fee umbrella. 

There can be many financial benefits to being represented under a CFA, such as you generally not being required to pay any legal fees upfront or while your claim is ongoing. 

Furthermore, if your case is not successful, you will not have to pay legal fees to your solicitor. However, in the event of a successful claim, you will have to pay a legally capped success fee. This will be taken from the medical misdiagnosis compensation you are awarded. 

If you would like to find out how much the settlement that you could be owed might be worth, please contact an advisor from our team. 

Contact Us Today To See If You Could Receive A Cancer Misdiagnosis Payout

As previously stated, our advisors are available to help you 24 hours a day, 7 days a week. If, after your free consultation, they deem you to have a valid case, they could connect you with one of the medical negligence solicitors from our team. 

To get in touch:

Learn More About Claiming For Misdiagnosed Cancer

Here are some of our other guides that could be beneficial in regard to medical negligence claims: 

We have also  provided you with some additional reading that could be helpful: 

Thank you for taking the time to read our guide on the steps you can take if a medical professional has misdiagnosed your cancer. We hope it was useful, but if you have any further questions, please contact a member of our team.

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