When Could You Claim For Testicular Cancer Misdiagnosis?
This guide outlines when you could make a compensation claim for a testicular cancer misdiagnosis. Misdiagnosis could happen for various reasons. Therefore, throughout this guide, we will explain the eligibility criteria that must be met to bring forward a medical negligence claim and the time limitations you must adhere to.
Testicular Cancer Misdiagnosis Claims Experts
Furthermore, we will explore the various evidence that could be provided to support your case and the two potential types of compensation that you could be eligible to receive for a medical negligence claim. As well as this, our guide discusses working with a solicitor under a No Win No Fee agreement and how this could benefit you and your cancer misdiagnosis claim.
Please continue reading for more information about when you could claim for the misdiagnosis of testicular cancer. If you would like to make an enquiry about your claim, you can speak with one of our advisors. They are available 24/7 to discuss your claim and offer free legal advice.
You can get in touch in the following ways:
- Call us on 0800 073 8804
- Contact us by completing and submitting our form
- Use our live support feature below to receive advice
Browse Our Guide
- When Could You Claim For Testicular Cancer Misdiagnosis?
- Types Of Testicular Cancers
- How To Prove Medical Negligence For A Cancer Misdiagnosis
- Estimated Testicular Cancer Misdiagnosis Payouts
- No Win No Fee Testicular Cancer Misdiagnosis Claims
- Learn More About Claiming For Misdiagnosed Cancer
When Could You Claim For Testicular Cancer Misdiagnosis?
You may have valid grounds to start a claim for a testicular cancer misdiagnosis if you have experienced medical negligence. This is defined by the following criteria:
- You were owed a duty of care by a medical professional.
- They breached this duty.
- This breach led to you suffering avoidable harm. This could be physical, psychological, or both.
All medical professionals owe their patients a duty of care. This means they are required to deliver the correct standard of care. If they fail to do this, it would be a breach of their duty. This could lead to avoidable harm, for which you may be eligible to make a medical negligence claim.
If there was a breach of duty of care, but no avoidable harm was suffered, you can not claim. The breach must have resulted in avoidable harm. Similarly, if a medical professional did provide you with the correct standard of care but misdiagnosed you due to other factors, such as you not explaining all of your symptoms, you may not be eligible to claim.
For advice on whether you could have valid grounds to make a medical negligence claim for a testicular cancer misdiagnosis, please speak to one of our advisors.
What Is The Limitation Period For Medical Negligence Claims?
When making a medical negligence claim following a testicular cancer misdiagnosis, it is important to consider the time limits laid out by the Limitation Act 1980. Generally, you will have three years to begin a compensation claim from the date of the medical negligence or from the date of knowledge, which can be when you learned of negligence in connection to the harm you sustained.
There are some exceptions to the time limits described above. If you would like to enquire about these in connection to your claim, please contact a member of our team.
Types Of Testicular Cancers
The NHS explains that the most common type of testicular cancer is called germ cell testicular cancer. This can be further categorised into subtypes, such as seminomas and non-seminomas. Testicular cancer tends to affect men of a younger age group in comparison to other cancers.
Cancer Research UK provides information on the multiple stages of testicular cancer, explaining that over time it can potentially spread to other organs in the body, such as the liver, lungs and the brain. Therefore, it is important to receive treatment as early as possible. Receiving the appropriate treatment could be delayed by a misdiagnosis.
How To Prove Medical Negligence For A Cancer Misdiagnosis
Providing evidence of medical negligence will be necessary when claiming for the misdiagnosis of cancer. Examples of this include:
- Medical reports
- A treatment plan
- A copy of test results
- Prescriptions
- Witness contact details
In addition to these forms of proof, the Bolam test could be used to evaluate whether you were provided with the correct level of care by a medical professional. This is a test by which a panel of other relevantly trained medical professionals assess the standard of care provided to you. The findings from this assessment could support your claim.
Medical negligence solicitors can help in the acquiring and compiling of evidence. Speak to our advisors for free legal advice relating to the evidence you could obtain to support your claim.
Estimated Testicular Cancer Misdiagnosis Payouts
The compensation you may be eligible to receive for a successful medical negligence case can be made up of up to two heads of claim. General damages is one of the heads you could receive. This compensates you for the avoidable harm you sustained as a result of a medical professional providing you with the incorrect standard of care.
When evaluating the general damages head of testicular cancer misdiagnosis claim, solicitors may consult the Judicial College Guidelines (JCG) as an aid. This provides compensation bracket guidelines for various types of harm. Therefore, we have used this to create the table below. It is important to note, these amounts are a guide, as the details of each claim differ.
| Type of Harm | Notes | Guideline Compensation Brackets |
|---|---|---|
| Male Reproductive System (a) | Total loss of the reproductive organs. | In excess of £153,870 |
| Male Reproductive System (b) | Total impotence, sterility and loss of sexual function in a young person. | £114,900 to £148,320 |
| Male Reproductive System (c) | Impotence or sexual dysfunction that is significant and likely permanent. This will affect a person who already has children or wouldn’t have had children. | £43,010 to £88,750 |
| Male Reproductive System (d) | Uncomplicated sterility, not involving impotence or aggravating features, in a young person who does not have children. | £56,080 to £71,350 |
| Male Reproductive System (e) | Similar to the bracket above but the person will have already had children, but might have intended to have more. | £17,960 to £36,740 |
| Male Reproductive System (f) | Orchidectomy that doesn’t cause impotence or a loss of sexual function but some psychological consequences are present. | £20,070 to £22,580 |
| Male Reproductive System (g) | Sterility in an older individual who was unlikely to have or wouldn’t have had children. | £6,610 to £18,680 |
| Moderate Brain Damage (c)(ii) | The person’s ability to work will have been reduced greatly, if not entirely removed, there will be an intellectual deficit of a moderate to modest severity and some risk of epilepsy. | £90,720 to £150,110 |
| Lung Disease (b) | Impairment of both function and quality of life caused by lung cancer. This will typically be in an older person. | £70,030 to £97,330 |
You could also use the compensation calculator on our website to help you estimate the compensation you could be eligible to receive.
Are Special Damages Awarded In Medical Negligence Claims?
You could also receive a payout under special damages. This head reimburses monetary losses incurred by the medical negligence.
This can cover past and future losses of earnings and the cost of home adaptations to make your environment more suitable after the avoidable harm you were caused. Additionally, it can compensate for the costs of transportation and care.
Evidence will be advantageous when claiming for these financial losses. Examples of proof that could support your claim include payslips to demonstrate loss of earnings, any invoices depicting the cost of home adaptations, and travel tickets or other relevant receipts showing travel expenses.
Please contact one of our advisors to learn more about claiming special damages compensation.
No Win No Fee Testicular Cancer Misdiagnosis Claims
If you choose to work with a solicitor for your testicular cancer misdiagnosis claim, they may offer you to proceed under a type of No Win No Fee agreement. They could propose one of the types of these arrangements called a Conditional Fee Agreement (CFA).
When entering this agreement, a solicitor will not charge you for the services they provide upfront, if your claim is unsuccessful or for the time period your claim is ongoing.
Alternatively, if your claim is successful, your solicitor can take a small amount of the compensation. This is commonly referred to as a success fee. You and your solicitor will discuss this before you enter into the agreement. Additionally, the Conditional Fee Agreements Order 2013 legally caps the percentage that solicitors can take from your award under this type of arrangement.
To learn more about No Win No Fee agreements, please contact us. We can provide a free consultation to allow you to discuss any questions you may have with one of our advisors, who can access our specialist solicitors.
To contact our team, please:
- Call us on 0800 073 8804
- Claim online via our contact form
- Refer to our live support feature below
Learn More About Claiming For Misdiagnosed Cancer
Please find more of our guides listed below:
- When Could You Claim For Pancreatic Cancer Misdiagnosis?
- Claiming Compensation For Delayed Treatment
- Wrong Medication Claims – What Are My Rights?
For further information, please visit the resources below:
- Testicular Cancer Diagnosis – NHS
- Chemotherapy – NHS
- Testicular Cancer Statistics – Cancer Research UK
More Medical Negligence Guides:
- Learn how to claim for a tummy tuck gone wrong with our helpful guide.
If you have anymore questions regarding when you could claim compensation for a testicular cancer misdiagnosis, please speak to a member of our team using the details provided in this guide.
