When Can You Claim For Pancreatic Cancer Misdiagnosis?

This guide will explore when you could be eligible to make a claim for a pancreatic cancer misdiagnosis. It will also look at the steps you can take to seek compensation, including the evidence you could collect and the benefits of seeking legal advice.

pancreatic cancer misdiagnosis

Pancreatic cancer misdiagnosis claims guide

Medical professionals owe a duty of care to their patients. This means they are expected to provide you with the correct standard of care. If they fail to do this, you could suffer avoidable or unnecessary harm as a result. In some cases, you may be eligible to seek medical negligence compensation. We will explore this in more detail throughout our guide. 

Furthermore, this guide will discuss the compensation you could receive if you make a successful claim and the factors considered when calculating how much you could be owed.

It will also explore how a No Win No Fee solicitor from our panel could benefit your claim.

Please continue reading to learn more about the medical negligence claims process. Alternatively, you can get in touch with our advisors for free legal advice by:

Choose A Section 

  1. Claiming Compensation For A Pancreatic Cancer Misdiagnosis – A Guide 
  2. Examples Of How A Pancreatic Cancer Misdiagnosis Could Occur
  3. What Compensation Could You Receive If Your Pancreatic Cancer Has Been Misdiagnosed? 
  4. What Evidence Could Help You After Experiencing A Misdiagnosis Of Cancer? 
  5. Why Claim For Medical Negligence On A No Win No Fee Basis? 
  6. Learn More About Claiming For A Pancreatic Cancer Misdiagnosis 

Claiming Compensation For A Pancreatic Cancer Misdiagnosis – A Guide 

A pancreatic cancer misdiagnosis can occur in two ways: 

  • A person with pancreatic cancer could be misdiagnosed with a different condition
  • A person with a different condition could be misdiagnosed with pancreatic cancer 

If you receive an incorrect diagnosis, it could lead to you receiving unnecessary treatment, the worsening of your condition and an impact on your future prognosis. According to Cancer Research UK, pancreatic cancer could spread to the lining of the bowel, lungs and bones.

There are some instances in which compensation could be sought for the ways in which a medical misdiagnosis has impacted a person. However, it needs to be demonstrated that:

  • A medical professional owed you a duty of care
  • They breached this duty of care by providing care that fell below the expected standard
  • You experienced avoidable harm as a result.

These three criteria form the basis of medical negligence. If you have evidence that negligence occurred, please get in touch with our team. An advisor can assess whether you’re eligible to seek compensation for misdiagnosed cancer.

Examples Of How A Pancreatic Cancer Misdiagnosis Could Occur

There are several ways a pancreatic cancer misdiagnosis could occur. For example:

  • You may have presented clear symptoms of your illness, that were misdiagnosed as another illness 
  • Your scans or results may have been incorrectly misinterpreted 
  • An administrative error could have led to you receiving a different patient’s results 

It is important to understand that a misdiagnosis can happen for several reasons, and they will not all be considered acts of negligence. As such, a misdiagnosis will not always form the basis for a valid claim. In order to put forward a claim, you must have evidence that medical negligence occurred. 

Please reach out to one of our advisers if you have any questions about when you could be eligible to make a medical negligence claim.

What Compensation Could You Receive If Your Pancreatic Cancer Has Been Misdiagnosed? 

After making a successful medical negligence claim, you could receive a settlement that comprises general damages and special damages. This is the head of claim that compensates for the pain and suffering you experienced as a result of the harm sustained due to medical negligence.

Medical negligence solicitors can value this head of claim by referring to the Judicial College Guidelines (JCG). The JCG contains guideline compensation amounts that correspond with different types of harm. 

The figures from the JCG have been used to create the table below. However, you should only use these as a guide as each settlement is unique depending on your specific circumstances.

Injury SeverityGuideline Compensation Bracket
Bowels (a)There will be other medical complications alongside double incontinence, including loss of natural bowel function and complete loss of urinary function and control. Up to £184,200
Bowels (b)The person will have a dependence on colostomy and will have experienced a complete loss of natural function.Up to £150,110
Bowels (c)Cases of faecal urgency and passive incontinence continuing after surgery causing embarrassment and distress.In the region of £79,920
Lung (a)A young person with a serious disability and the risk of their condition worsening leading to an early death.£100,670 to £135,920
Lung (b)Lung cancer impacting the function and quality of life and causing severe pain. Cases in this bracket typically involve an older person.£70,030 to £97,330
Psychiatric Damage (b)Moderately Severe: There are significant issues but with a better prognosis than in more severe cases.£19,070 to £54,830
 

How To Claim For Special Damages In A Medical Negligence Claim 

Your settlement could also consist of special damages which is the head of claim that compensates for the financial losses incurred due to medical negligence. For example, if you were left unable to work and your income was affected, you could claim back the lost income you experienced, provided you have evidence to prove the loss. 

Please reach out to one of our advisers if you have any questions about the settlement you could receive after making a successful medical negligence claim.

What Evidence Could Help You After Experiencing A Misdiagnosis Of Cancer? 

You could gather evidence to prove a medical professional provided a substandard level of care and caused you to sustain avoidable harm as a result. For example:

In addition to assessing evidence provided in support of your claim, the results of the Bolam test may also be considered. This involves a panel of relevantly trained medical professionals assessing your case to determine whether the correct standard of care was provided. The findings from this assessment could be used to support your case.

To learn more about the medical negligence claims process, get in touch using the number above. An advisor can provide further guidance on the evidence you could provide when making a pancreatic cancer misdiagnosis claim.

Why Claim For Medical Negligence On A No Win No Fee Basis? 

Claiming on a No Win No Fee basis can be beneficial to those who wish to access the services of a solicitor. There are different types of No Win No Fee agreements, including a Conditional Fee Agreement (CFA).

This means you can avoid paying upfront or while your claim is ongoing for the services your solicitor provides. It also typically means you won’t be expected to make a payment for the work they have completed on your case if it is not successful.

Furthermore, under a CFA, a solicitor can take a success fee from your compensation. This is taken as a percentage which the law caps. 

To find out whether you could make a claim for a pancreatic cancer misdiagnosis on this basis with a solicitor from our panel, get in touch using the details provided below.

See If You Can Make A Medical Negligence Claim Today – Contact Us For Free 

If you have any other questions about making a pancreatic cancer misdiagnosis claim or another type of cancer claim including a breast cancer misdiagnosis, please get in touch with an advisor. They can assess whether you’re eligible to seek compensation and the steps you can take to do so. You can reach them by:

Learn More About Claiming For A Pancreatic Cancer Misdiagnosis   

Other guides on medical negligence we offer include: 

Other resources that could be of help to you include: 

Thank you for reading our guide to making a claim for a pancreatic cancer misdiagnosis. If you have any other questions, please get in touch using the number above.

Article by CHA

Edited by MIT