In this guide, we provide information on making a clinical or medical negligence claim following a thyroid cancer misdiagnosis. Medical professionals owe their patients a duty of care. This involves providing them with care that meets the correct standard. If there is a failure to do so, and this leads to you suffering avoidable or unnecessary harm because of a misdiagnosis, this could constitute medical negligence. As we move through our guide, we explore the eligibility criteria for medical negligence claims, the evidence you could gather to support your case, and the time limits that need to be adhered to when initiating legal proceedings.

Later in our guide, we provide examples of how a misdiagnosis could occur and the impact this could have. We also explain how compensation is valued for successful medical negligence claims and why you should choose our panel of No Win No Fee solicitors to help you with the claims process. 

Contact us today, and we can discuss the best options for you moving forward. We can answer your questions about medical negligence claims and offer free advice. To contact us, you can:

• Call 0800 073 8804.
• Message one of our online claims advisors in the live chat box. 
• Fill out our ‘Claim Online‘ form.

Jump To A Section

1. When Could You Claim For Thyroid Cancer Misdiagnosis?
2. Causes Of Thyroid Cancer Misdiagnosis
3. Evidence Supporting Thyroid Cancer Misdiagnosis Claims
4. How Much Could You Claim For Thyroid Cancer Misdiagnosis?
5. Why Choose Our Specialist No Win No Fee Medical Negligence Solicitors?
6. Learn More About Medical Negligence Claims

When Could You Claim For Thyroid Cancer Misdiagnosis?

All medical professionals, such as nurses and doctors, owe their patients a duty of care. This duty requires providing their patients with the correct standard of care. If you suffered a thyroid cancer misdiagnosis as a result of a medical professional providing care that fell below the correct standard, and this led to you suffering avoidable harm, you may wonder whether you’re eligible to start a medical negligence claim. 

Accordingly, you must prove this eligibility criteria to be able to initiate legal proceedings for medical misdiagnosis compensation:

1. A healthcare professional owed you a duty of care. 
2. This duty was breached by not providing the correct standard of care.
3. From this breach, you suffered harm that could have been prevented.

How Long Do You Have To Claim For Medical Negligence?

The time limit for starting a medical negligence claim following a thyroid cancer misdiagnosis is three years as set out in the Limitation Act 1980. This can either start from the date of medical negligence, or the date you realised medical negligence had occurred.  

However, there are a couple of exceptions to the time limit. Find out about these exceptions in more detail by getting in touch with us.

Causes Of Thyroid Cancer Misdiagnosis

The thyroid gland is in the lower front part of the neck. This small gland releases hormones, which help your muscles and digestion. Consequently, a thyroid cancer misdiagnosis could cause complications. For example, thyroid cancer could spread to other parts of the body such as the lymph nodes in the neck and the lungs. Additionally, it could mean you receive the wrong treatment for a different condition, such as the wrong medication, or delayed treatment which may be more invasive due to the progressive worsening of your condition.

Below, we have provided some examples of how a misdiagnosis of thyroid cancer could occur.

• You display clear symptoms of thyroid cancer, but your doctor fails to refer you for any tests. You return a few months later because the same symptoms are still there, causing your thyroid cancer to become worse from the delayed treatment and diagnosis. This means you require more intense treatment. 
• You undergo an ultrasound scan, but the results are inconclusive. Instead of referring you for more testing following your concerns of thyroid cancer, your doctor diagnoses you with another condition, leading to your cancer spreading to your lungs. 
• The hospital mixes up your medical records with another patient. This means that you both receive each other’s diagnosis and treatment, including the wrong medication which causes further complications.

To discuss your specific case, please contact an advisor on the number above. They can assess whether you’re eligible to seek medical negligence compensation.

Evidence Supporting Thyroid Cancer Misdiagnosis Claims

To prove that you have suffered from preventable harm because of a breach in duty of care from a medical professional, and to prove the extent of its impacts, you can collect evidence in the form of:

• Requesting your medical records from a healthcare provider that shows the original diagnosis you received.
• Evidence that shows you were under the care of a medical professional for thyroid cancer when it was later diagnosed correctly, such as an oncologist, GP, surgeon, or other professional. This may be at the hospital, private clinic, or GP surgery. 
• Collecting details of any witnesses that were present for your medical appointments.
• Recording your pain and symptoms in a diary.

If you get connected to a solicitor from our panel, as part of the work that they do for you, they will help you collect your evidence to prove medical negligence occurred. So, contact us today if you wish for one of the solicitors from our panel to assist you in supporting your case.

How Much Could You Claim For Thyroid Cancer Misdiagnosis? 

If your thyroid cancer misdiagnosis claim is successful, you may receive up to two heads of loss called general and special damages. 

General damages compensate for the avoidable physical and psychological impacts you have suffered because of medical negligence. Such factors that are considered when valuing this aspect of your settlement include the severity of your pain, the length of your recovery, and the extent of your treatment.

The Judicial College Guidelines (JCG) are looked at, alongside your individual medical records, by solicitors to assess how much the value of your general damages should be. The JCG is a document with guideline compensation award brackets for various types of harm.

Compensation Table 

We have included some amounts found in the JCG. Please note that none of the values in this table are guaranteed because settlements are calculated on an individual basis.

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Harm	Severity	Guideline Compensation Bracket	Notes
Lung	Serious disability (a)	£100,670 to £135,920	There is the likelihood that the condition will progressively worsen and lead to a premature death.
	Lung cancer (b)	£70,030 to £97,330	Impairment on function and quality of life with severe pain.
Neck	Severe (a) (iii)	£45,470 to £55,990	Severe damage to tendons or soft-tissue, causing chronic and permanent disability.
	Moderate (b) (i)	£24,990 to £38,490	Chronic conditions involving symptoms to other parts of the anatomy.
	Moderate (b) (iii)	£7,890 to £13,740	Soft tissue damage.

How Special Damages Could Also Compensate You 

Secondly, special damages compensate for the past and future financial losses you have suffered from medical negligence. Such losses that you could claim back include loss of earnings, travel costs, and medical expenses. 

Yet you can only receive a special damages award if you have proof of your financial losses. Receipts, invoices, payslips, and bank statements can be used as evidence. 

If you get in touch with us, you can learn more about the factors that contribute when calculating compensation payouts for successful medical negligence claims. 

Why Choose Our Specialist No Win No Fee Medical Negligence Solicitors? 

Our panel of specialist No Win No Fee medical negligence solicitors are able to help you if you have suffered unnecessary or avoidable harm from a negligent thyroid cancer misdiagnosis. If your medical negligence claim is deemed eligible, your solicitor will offer to represent you under a Conditional Fee Agreement (CFA). 

You will not pay any upfront or ongoing charges for your solicitor’s work under a CFA, nor if your claim fails. For successful claims, solicitors take a success fee from the awarded compensation. But there is a maximum percentage set by law for the amount that can be taken for the success fee. This ensures that you, as the claimant, receive the majority of the payout. 

Talk To Our Team 

Talk to our team today. They may be able to connect you to one of the solicitors from our panel who has experience with the medical negligence claims process and can help you put forward your case for thyroid cancer misdiagnosis. Here are the ways to contact us:

• Call 0800 073 8804.
• Message one of our online claims advisors in the live chat box. 
• Fill out our ‘Claim Online‘ form.

Learn More About Medical Negligence Claims 

More of our guides:

• Read our guide on what to do after receiving the wrong medication in hospital due to medical negligence.
• Information on whether you could claim for a head or neck cancer misdiagnosis.
• See if you can claim compensation if you were misdiagnosed by video examination by a doctor or GP.

More external resources:

• NHS – Information on thyroid cancer.
• Cancer research – Symptoms of thyroid cancer.
• GOV.UK – Information on receiving Statutory Sick Pay (SSP) for needing time off work.

Thank you for reading our guide on when you could claim for thyroid cancer misdiagnosis. If you have any other questions, please contact an advisor on the number above.

Are you looking for information on how to make a personal injury claim for serious organ damage? If so, this guide could help as it will provide guidance on the serious injury claims process, including the eligibility criteria that need to be met to seek compensation.

We discuss the duty of care certain third parties owe, including employers, road users, and occupiers. Also, we’ve included examples of the kinds of organ damage you could experience, and how it could occur as a result of a third party failing to uphold their duty of care.

Furthermore, we have provided guidance on ways of supporting your claim with evidence. We’ve also explored the topic of how legal professionals calculate how much a successful organ damage claim can be worth in compensation.

Later in our guide, you can find information about the advantages of claiming with one of our No Win No Fee solicitors too.

Read on for more information about making a claim for a serious injury. Alternatively, you can get in touch if you have any questions. An advisor can help by providing free advice. To get in touch, you can:

• Use the live chat window
• Call us on 0800 073 8804
• Talk to us about your claim online

Select A Section

1. Do I Have A Claim For Serious Organ Damage?
2. Types Of Internal Organ Injury Claim
3. What Evidence Do I Need To Claim For Serious Organ Damage?
4. What Could Your Organ Damage Injury Claim Be Worth?
5. Make A No Win No Fee Claim For Serious Organ Damage

Do I Have A Claim For Serious Organ Damage?

Your personal injury claim for serious organ damage needs to meet three main criteria in order to be considered valid:

• Duty of care – You need to have been owed a duty of care at the time of your organ damage. The party who owes you this duty of care depends on where and how you were injured. However, in short, whoever owes you a duty of care has a responsibility to prevent you from sustaining an injury.
• Breach of duty – If the party who owes you a duty of care does not uphold it, this could constitute them breaching their duty of care.
• Injuries caused – You need to show that as a result of the breach, you experienced physical harm, such as an internal organ injury, or psychological harm, or both.

The above points lay the foundation of negligence in personal injury claims. If you have evidence that negligence occurred, you may have valid grounds to pursue compensation.

Limitation Periods For Your Claim

You have 3 years to begin a personal injury claim for serious organ damage. As per the legislation that states this – the Limitation Act 1980 – the time limit usually begins from the date you were injured. However, we have included the exceptions to this time limit just below:

• Was the claimant under 18? – Anyone younger than 18 is not legally able to make their own claim, so their 3-year time limit is suspended until their 18^th birthday. If their claim has not already been started for them by an appointed litigation friend by this date, then the injured party can begin their own claim.
• Does the claimant lack the mental capacity to claim? – If so, the time limit is also suspended and a litigation friend can be appointed to start the claim on their behalf. If the person recovers their mental capacity, the limitation period would begin from the recovery date.

You can get in touch with us today to find out if you have enough time to begin your serious organ damage claim.

Types Of Internal Organ Injury Claim

Internal injuries can take various forms. Lung damage, spleen damage, brain damage, or even a kidney injury are all possibilities. The scenarios in which you could sustain these injuries can vary as well. We’ve included a few examples below.

Public Accidents

In a public space, the person or body responsible for the safety of those visiting the area for its intended purpose is known as the occupier. As per the Occupiers’ Liability Act 1957, they owe visitors a duty of care. This means they must take steps to ensure the reasonable safety of those using the space. 

A failure to do so could result in an accident in which a member of the public sustains organ damage. For example, shelving is put up incorrectly in a supermarket making it loose and unstable. As a result, it cannot support the stock it holds resulting in heavy items falling on a customer. This leads to them sustaining a severe head injury causing moderate brain damage.

Accidents At Work

Your employer owes you a duty of care, as per the Health and Safety at Work etc. Act 1974. They must take all reasonably practicable steps to ensure their employers are not injured at work.

If your employer fails to uphold their duty of care, it could result in an accident at work occurring in which an employee sustains damage to their organs. For example, an employer fails to provide adequate training to their employee before instructing them to operate a forklift truck. As a result, the driver loses control of the vehicle and crashes causing them to sustain an internal injury, such as a ruptured spleen.

Road Traffic Accidents

The duty of care on the road rests with all road users. They must navigate the roads in a way that prevents harm, as well as damage, to both themselves and others. By following the rules in The Highway Code and the Road Traffic Act 1988 they can uphold this duty of care.

A driver not stopping at a junction they’re required to could be an example of them breaching their duty of care. This could result in a road traffic accident, such as a collision with the car on the road they’re driving into. A car crash can cause injuries, such as damage to the kidney and lungs, due to blunt force trauma or potentially a penetrating wound to the stomach.

To discuss your specific case and find out whether you could be eligible to make a personal injury claim for serious organ damage, call an advisor on the number above.

What Evidence Do I Need To Claim For Serious Organ Damage?

When you make a claim for serious organ damage, gathering evidence can improve your chances of success. We’ve included some examples of evidence you could acquire to help support your claim. The list is not exhaustive. 

• Witness contact details – Witnesses to the accident may be contacted at a later date to submit a statement.
• Visual evidence – In a road traffic accident, this could include dashcam footage. CCTV footage could be more relevant for workplace accidents or an accident in a public space, such as a shop. You can also take photographs of hazards that caused your injury and any visible injuries you may have.
• Your medical records – You can request these at any time. They can show the severity of your injuries and any treatment you have needed.

Get in touch if you need help gathering evidence to support your organ damage claim. An advisor may be able to connect you with one of our solicitors to assist you in building your case, provided you have valid grounds to pursue compensation.

What Could Your Organ Damage Injury Claim Be Worth?

Organ damage can be life-changing, or it could be temporary and less severe. If you make a successful claim for serious organ damage, you could be awarded compensation to address the way in which your injury has affected you. However, the amount of compensation awarded differs depending on the specific circumstances of each case.

Generally, though, settlements can comprise of up to two heads of claim. General damages compensates for your pain and suffering caused by your injuries. When calculating this head of claim, there are certain resources legal professionals can use to help them including medical evidence and publication called the Judicial College Guidelines (JCG).

The JCG, which contains guideline award brackets for different injuries, received its last update in 2022. We’ve included some figures from this edition in the table below.

Although the amounts in the JCG are based on past court cases that were successful, you should use them only as a guide. Your injuries and circumstances need to be accounted for before an accurate figure for general damages can be calculated.

JCG Figures

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Injury	Description	Amount
Multiple serious injuries	When you have sustained more than one injury of a serious nature. Included in a claim such as this could also be various financial losses caused by your injuries.	Up to £1,000,000+
Brain	(a) Very severe – The amount received depends on factors such as life expectancy and sensory impairment.	£282,010 to £403,990
Brain	(b) Moderately severe – Substantial dependence on other due to serious disability of a physical and/or cognitive nature.	£219,070 to £282,010
Brain	(c) (i) Less dependence than in more severe cases. However, there will still be a moderate to severe deficit in terms of intellect, and a personality change, amongst other issues.	£150,110 to £219,070
Brain	C (ii) Moderate-modest deficit in intellect. If not removed, then the ability to work will be greatly reduced.	£90,720 to £150,110
Kidney	(a) When both kidneys are permanently damaged or lost.	£169,400 to £210,400
Chest	(a) In the worst cases, a lung will be removed. There may also be heart damage of a serious nature and significant pain/scarring.	£100,670 to £150,110
Chest	(b) Chest, lung(s), and/or heart will have sustained lasting damage due to a traumatic injury. Impact on lifespan and function are also considered.	£65,740 to £100,670
Bladder	(b) Function and control are completely lost.	Up to £140,660
Loss of earnings	A figure to account for lost wages caused by an abence from work as a result of your injury.	Up to £100,000 and above.

What Are Special Damages?

It’s possible you could be eligible to receive another head of claim too. It’s called special damages. The aim of this head is to compensate for the financial losses and expenses caused by your injuries. Although there are other examples, here are some costs that you could be reimbursed for:

• Medical expenses.
• Prescription costs.
• Travel costs.
• Loss of earnings.

Payslips and receipts can be helpful pieces of evidence to support these losses. Keep hold of them so you can present them during the process of making your claim.

For a free estimate of how much you could be owed following a successful serious injury claim, please contact an advisor on the number above.

Make A No Win No Fee Claim For Serious Organ Damage

When you work with one of our solicitors, you are not required to pay an upfront fee to access their services. The reason for this is that they work under a Conditional Fee Agreement (CFA). This is a form of No Win No Fee agreement.

Your solicitor takes a legally capped percentage from your compensation if the claim completes successfully. This is known as a success fee. If the case fails, you don’t owe them a success fee.

Talk To Our Expert Team

Get in touch if you have any questions about making a personal injury claim for serious organ damage. Our advisors are available 24/7 to offer free advice. They could even connect you with one of our expert No Win No Fee solicitors to begin your claim, provided it’s valid and has a chance of success.

• Use the live chat window
• Call us on 0800 073 8804
• Talk to us about your claim online

Discover More Resources To Help You Claim For Serious Organ Damage

We’ve included some links below to resources you may find helpful.

More from us: 

• Case study for a serious road accident – Read this illustrative claim example.
• Compensation for psychological injuries – Another guide from us.
• Anxiety After A Car Accident – Find out more about claiming for this type of incident.

Information from other sources: 

• Workplace accident statistics – Health and Safety Executive
• Spleen problems and removal – NHS Inform
• Severe head injury – NHS Inform

Thank you for reading our helpful guide on when you could be eligible to make a personal injury claim for serious organ damage. If you have any other questions, please call an advisor on the number above.

Written by Bibby

Edited by Mitchell