You could claim for harm caused by testicular cancer misdiagnosis if you can show that the failure of a doctor or other medical professional caused it. It is important that cancer patients are diagnosed and begin treatment as early as possible. Delays in getting diagnosed can lead to delays in treatment, the need for more invasive medical procedures, worsened prognosis and in extreme instances, may be fatal.
In this medical negligence claims guide, we examine and explain:
- When you could be eligible to make a cancer misdiagnosis claim.
- How compensation may be calculated.
- The symptoms of testicular cancer and the potential causes of misdiagnosis
- How could misdiagnosis impact you, and how can you claim compensation?
Our solicitors have helped people to make successful testicular cancer claims. Find out how we could help you by contacting us or by reading our guide below.
- Phone our team on 0800 073 8804
- Tell an advisor what happened using our online chat.
- Start a claim online by making an inquiry here.
Frequently Asked Questions
- Am I Able To Make A Testicular Cancer Misdiagnosis Claim?
- How Much Testicular Cancer Misdiagnosis Compensation Could I Get?
- What Are The Most Common Testicular Cancer Symptoms?
- What Can Cause A Misdiagnosis Of Testicular Cancer?
- The Impacts Of Misdiagnosed Testicular Cancer
- Starting A Testicular Cancer Misdiagnosis Claim
- Get Help From Legal Expert
- Learn More
Am I Able To Make A Testicular Cancer Misdiagnosis Claim?
You could be eligible to make a testicular misdiagnosis claim if you can show that a medical professional has breached their duty of care to you, causing harm. To make a successful medical negligence claim, you need to be able to clearly show that the actions of a medical professional and/or healthcare provider fell below accepted professional standards.
The criteria your testicular cancer misdiagnosis claim must meet:
- You were owed a duty of care. Whilst under the care of a GP, oncologist, or other medical professional, they have a duty of care to provide you with care that meets expected and professional standards. This includes providing an accurate diagnosis.
- This duty was breached. A healthcare provider failed to meet standards (such as those set by professional bodies). For instance, an oncologist may misinterpret test results and fail to order further tests.
- This led to the delayed diagnosis of your disease, allowing it to spread and require more invasive treatment.
Can I Claim Against The NHS?
You could be able to claim against the NHS if you can show that a medical professional breached their duty of care to you and that this led to a testicular cancer misdiagnosis. Your claim may be made against the NHS trust responsible for providing your care.
Whether your testicular cancer misdiagnosis claim is made against the NHS or a private healthcare provider, the process of doing so will be the same.
Can Claims Be Made On Behalf Of Loved Ones?
You could make a testicular cancer claim on behalf of a loved one if they have been impacted by negligent treatment and they are unable to do so themselves.
Those you may claim on behalf of include:
- Individuals under the age of 18.
- Individuals lacking the mental capacity to claim themselves.
- Those who passed away due to testicular cancer misdiagnosis.
To act on their behalf, you must apply to the court to be appointed as their litigation friend. Talk to one of our medical negligence solicitors about the case.
How Much Testicular Cancer Misdiagnosis Compensation Could I Get?
How much testicular cancer misdiagnosis compensation you could get will be based on your individual circumstances, but may be in excess of £187,790 for the complete loss of your reproductive organs. This figure comes from the Judicial College Guidelines (JCG). The JCG contains guideline amounts of compensation which may be awarded.
General damages, those compensating for pain and suffering, may be calculated using the JCG. The severity of harm suffered may determine how much compensation is awarded. Below, we present figures from the JCG relevant to this type of claim. The top figure is not from the JCG.
| Harm | Severity | Damages |
|---|---|---|
| Multiple forms of harm (male reproductive system) + special damages. | Severe. | Up to £1,000,000+ inc special damages for loss of earnings, etc. |
| Male reproductive system | Total loss of (male) reproductive organs (A). | More than £187,790 |
| Impotence and sterility (total) + loss of sexual function (B). | £140,220 to £181,020 | |
| Impotence & sexual dysfunction (significant) (C). | £52,490 to £108,310 | |
| Sterility, no impotence - no aggravating features. (D). | £68,430 to £87,080 | |
| Sterility, no impotence - claimant has children (E). | £21,920 to £44,840 | |
| Orchidectomy + some psychological damage (F). | £24,490 to £27,560 | |
| Sterility - older claimant (G). | £8,070 to £22,800 | |
| Lung disease | Claimant is young with serious disabilities (A). | £122,850 to £165,860 |
| Lung disease | Claimant is older and has severely impaired lung function. | £85,460 to £118,790 |
We also have a medical negligence claims calculator in which you can learn more about how much you could claim.
Calculating My Testicular Cancer Misdiagnosis Compensation
When calculating compensation for harm caused by testicular cancer misdiagnosis, general damages (outlined above) and special damages (outlined in more detail below) may both be taken into consideration.
The JGC provides guidelines on ranges of compensation for different forms of harm based on how severe the harm was. Those claimants who are younger, who experienced more severe forms of harm, or who faced the loss of fertility may receive a higher amount of compensation.
If you choose to make a testicular cancer misdiagnosis claim with one of our solicitors, they could review your medical records and help to value your claim.
What Can Special Damages Help Me With?
Special damages could help you with a variety of financial losses caused by your testicular cancer misdiagnosis. Special damages could cover losses such as lost income due either to time off work or reduced earning capacity, the cost of medical care (such as testosterone replacement therapy) or the cost of travelling to medical appointments.
You will need to document these losses to provide evidence of them. You may submit evidence such as payslips, invoices and receipts.
Can I Apply For Interim Payments?
In certain circumstances, you may be able to apply for an interim payment to help you meet immediate expenses whilst your claim is ongoing. Interim payments could help you to meet immediate and/ or ongoing costs, such as medical bills, or to help if your income has been affected.
Interim payments are those which are made in advance which will be later be deducted from your final settlement.
To find out more about how much compensation you may be owed, how compensation could be calculated and whether you could seek an interim payment, please contact our team.
What Are The Most Common Testicular Cancer Symptoms?
The most common symptoms of testicular cancer include a lump on one of the testicles. If this is missed, it may lead to a patient being misdiagnosed. It is important that medical professionals recognise common symptoms such as:
- Swelling or a lump in the affected testicle.
- Changes to the size, shape or texture of a testicle. These may indicate germ cell tumours.
- The scrotum feels firm, hard or otherwise heavy.
- Pain or discomfort in the scrotum or testicle(s).
- Fluid collecting in the scrotum.
Further symptoms if the cancer spreads beyond the male reproductive system:
- You may experience fatigue and weight loss if the cancer spreads to the lymph nodes.
- Gynecomastia may indicate the presence of leydig cell tumours. See this NHS services resource.
- A persistent cough, indicating the cancer has spread to the lungs.
Though anyone with testicles is at risk of developing the disease, men aged 15-49 face an increased risk. NHS cancer registration statistics show that there were 1,930 new diagnoses in England in 2021. Cancer Research UK notes that there are around 2,400 new cases in the UK each year with germ cell testicular cancer being the most common type.
If a medical professional failed to follow up on these symptoms and the patient later had testicular cancer diagnosed, there may be grounds on which to make a claim.
What Can Cause A Misdiagnosis Of Testicular Cancer?
Testicular cancer misdiagnosis could be caused by a healthcare professional mistaking your symptoms for those of another condition, or their failure to conduct further testing. Such errors could cause you harm and form the basis of a compensation claim.
Misdiagnosis may arise where symptoms are confused with those of other conditions affecting the male reproductive system. This may include:
- Not carrying out a thorough physical examination could mean a doctor does not detect a lump, missing the signs of a germ cell tumour.
- Not referring a patient for further testing, such as blood tests or an ultrasound, despite the presence of symptoms, such as a swollen scrotum, causing the delayed diagnosis of their cancer.
- Misinterpreting test results, such as the results of an ultrasound or biopsy, and diagnosing that a patient is cancer-free when they are not.
- Incorrectly diagnosing symptoms as testicular torsion, mumps or epididymitis, which may share symptoms such as pain in the scrotum.
Please note that not all instances of misdiagnosis may be considered negligent. Your doctor or other healthcare provider may have adhered to professional standards, though still misdiagnosed your condition. Contact us to learn more about medical negligence claims.
The Impacts Of Misdiagnosed Testicular Cancer
The impact of testicular cancer misdiagnosis may include delayed diagnosis, the need for more aggressive treatment and greater risk of the cancer spreading as well as potentially significant psychological harm and financial losses.
Figures from the Office for National Statistics (ONS) show that with early diagnosis, the 5 year survival rate is 95.3%.
The impact of cancer not being diagnosed could include:
- Cancer spreads to other parts of the body, such as the lungs or lymph nodes.
- More aggressive and/or invasive treatment. This may include the need for radiotherapy, chemotherapy or surgery.
- Fertility issues.
- Psychological harm, such as anxiety, caused by a worse prognosis.
- Financial losses, such as lost income caused by taking time off during treatment or recovery or for the cost of ongoing medical treatment.
Starting A Testicular Cancer Misdiagnosis Claim
Starting a testicular cancer misdiagnosis claim involves collecting evidence and ensuring your case is filed correctly and within the applicable time limit.
Key evidence you could collect includes:
- Copies of your medical records and medical history. These will show your initial symptoms and diagnosis as well as subsequent correct diagnosis and treatment.
- Test results, such as the results of blood tests, ultrasounds and biopsies. The absence of such tests or abnormal test results which were overlooked may help prove a medical professional was negligent.
- Witness statements highlighting how you have been impacted by negligent treatment.
In most instances, the time limit for suing either the NHS or a private hospital is 3 years from the date of the breach or from when you became aware of it. This is found in the Limitation Act 1980.
If you are acting as a litigation friend for someone else, you may claim at any point before a minor turns 18, subsequently they have 3 years to claim. If claiming for someone who lacks the mental capacity to do so at any point. The time limit would be applied to their case if they regain their ability to make a claim.
Learn more about the testicular cancer claim process by contacting our team.
Get Help From Legal Expert
By getting help from Legal Expert you could work with one of our dedicated, specialist medical negligence solicitors. Our team has decades of experience and have helped to secure over £80 million in compensation for claimants across the country.
We specialise in helping people to claim compensation, offering support and advice at every stage of the claims process.
Our service includes,
- Working through No Win No Fee/ Conditional Fee Agreements (CFA), meaning you only pay for your solicitors work if your case is successful. The fee you do pay is capped by law.
- Access to specialist help and assistance such as independent medical assessments and rehabilitation services.
- Help collecting evidence to support your claim.
- Clear explanations of the claims process, as well as of medical and legal terms.
- Negotiating the settlement for your medical misdiagnosis.
Our team works across the country and could help you regardless of location.
Contact Us
To contact us about your testicular cancer negligence claim and find out if you could take advantage of our No Win No Fee services,
- Telephone our team 0800 073 8804.
- Talk to us via our online chat.
- Make an inquiry here to begin a claim online.
Learn More
In this final part of our guide, we have included additional helpful guides from our site, as well as supporting reference materials.
- Learn more about lung cancer misdiagnosis claims in this guide.
- Here we look at how to prove medical negligence.
- Here, you can learn more about what medical negligence is.
Reference material:
- Read more about what testicular cancer is in this NHS resource.
- Find out more about cancer in this NHS guide.
- Check how Statutory Sick Pay is calculated in this guide.
Thank you for reading our guide on testicular cancer misdiagnosis claims. For more information or further help with your claim, contact our expert team.
