When Could You Claim For Thyroid Cancer Misdiagnosis?
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.
When Could You Claim For Thyroid Cancer Misdiagnosis?
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
- When Could You Claim For Thyroid Cancer Misdiagnosis?
- Causes Of Thyroid Cancer Misdiagnosis
- Evidence Supporting Thyroid Cancer Misdiagnosis Claims
- How Much Could You Claim For Thyroid Cancer Misdiagnosis?
- Why Choose Our Specialist No Win No Fee Medical Negligence Solicitors?
- 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:
- A healthcare professional owed you a duty of care.
- This duty was breached by not providing the correct standard of care.
- 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.
| 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.
