By Danielle Jordan. Last Updated 4th September 2025. If you have been affected by a cancer misdiagnosis, then you may be eligible to claim compensation for medical negligence with sufficient evidence. In this guide about cancer misdiagnosis claims, we aim to provide you with the information you need to understand whether you’re eligible to seek compensation.
A medical negligence claim could be made for a misdiagnosis of cancer if you experienced avoidable harm due to a healthcare professional breaching their duty of care. We will explore the duty of care all trained medical professionals have towards you throughout this guide.
In addition, we’ll provide examples of clinical negligence resulting in someone experiencing a misdiagnosis or delayed cancer diagnosis.
Furthermore, we’ll help you understand what evidence you need to obtain in order to build a strong claim. In this guide, we will also outline the average payout for cancer misdiagnosis. We’ll also look at what your settlement could comprise.
Although we have aimed to cover the information you need, we understand that you may still have questions. If so, please don’t hesitate to get in touch on the details below:
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If you’d like to learn about the key points from this guide, why not check out our video below:
What Is A Cancer Misdiagnosis Claim?
If your cancer was missed, diagnosed late, or mistaken for another condition, you may be entitled to pursue a cancer misdiagnosis claim.
These claims arise when medical professionals fail to meet the expected standard of care, and their negligence leads to avoidable harm such as delayed treatment, the need for more invasive procedures, a reduced chance of recovery, or unnecessary suffering.
To succeed, it must be proven that the healthcare provider’s actions (or inaction) directly caused your condition to worsen or your prognosis to decline.
With the support of our specialist medical negligence solicitors, who work on a No Win No Fee basis, we can help you explore your legal options and work towards securing compensation to reflect the physical, emotional, and financial impact of the misdiagnosis.
If you’d like to take advantage of our free case check to see if you could be entitled to compensation, just click the button below
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What Is The Average Payout For Cancer Misdiagnosis?
The average payout for a cancer misdiagnosis claim will not be very helpful to you. This is because every case is different and there are a number of factors that make up the compensation in a successful claim. It is more beneficial to consider how damages are calculated.
Cancer misdiagnosis claims can be made up of two types of damages called heads of loss. These are for general and special damages. The general damages are to compensate for the avoidable harm that you suffered, whereas the special damages compensate for the financial losses caused.
To help value general damages, your legal representative might ask you to attend an independent medical examination. This can be used alongside another document called the Judicial College Guidelines (JCG), which contains suggested compensation brackets for different types of injury or harm.
Below is a table with some entries from the JCG (except the first one).
| Injury Type | Severity | Guideline Amount |
|---|---|---|
| Multiple Very Serious Forms Of Harm And Special Damages | Very Serious | Up to £1,000,000+ |
| Kidney | Serious and Permanent Damage (a) | £206,730 to £256,780 |
| Loss of One Kidney (c) | £37,550 to £54,760 | |
| Reproductive System: Female | Infertility with sexual dysfunction and severe psychological impact. (a) | £140,210 to £207,260 |
| Reproductive System: Male | Total Loss of Reproductive Organs (a) | In excess of £187,790 |
| Chest Injuries | Total Removal of One Lung and/or Serious Heart Damage (a) | £122,850 to £183,190 |
| Bladder | Complete Loss of Control (b) | Up to £171,680 |
| Serious Impairment of Control (c) | £78,080 to £97,540 | |
| Lung Disease | Lung Cancer Causing Functional Impairment (b) | £85,460 to £118,790 |
| Bowels | Severe Abdominal Injury Causing Impairment of Function (d) | £54,420 to £85,100 |
Cancer misdiagnosis compensation can also include financial losses in the form of special damages. This can include the following:
- Loss of earnings
- Care costs
- Rehabilitation fees
- Private medical bills
- Adaptations to the home or vehicle
- Prothesis
- Travel costs
- Prescription fees
Special damages require you to provide evidence of them. For example, when claiming lost earnings, you could provide wage slips that show how the injuries lowered your income for a period of time.
It is also possible to claim for ongoing losses, such as if you have not yet returned to work or need ongoing help with daily living. Contact our advisors today to discuss your case.
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Cancer Misdiagnosis Claims – The Criteria For Claiming
Cancer misdiagnosis can happen in a number of different ways. You may be showing clear symptoms of cancer but be diagnosed with a different condition entirely. Or mistakes during scans or testing could result in you not being referred to further treatment that you require.
Every medical professional, both private and public, has a duty of care to provide their patients with medical care that meets the correct standard. This includes diagnosing them correctly and providing the right treatment or referring to a hospital or specialist. Failing to uphold this duty can lead to patients suffering avoidable harm.
The criteria to begin a cancer misdiagnosis claim are as follows:
- You were owed a duty of care by a medical professional.
- This duty was breached through that professional’s failure to provide the correct standard of medical care.
- Their failure resulted in you experiencing avoidable harm.
“Avoidable harm” refers to harm that you experienced, which would not have occurred had the correct standard of care been provided. For more information on the eligibility criteria to claim cancer misdiagnosis compensation, talk to one of our friendly advisors today using the details provided above.
How Could Cancer Misdiagnosis Occur?
As we’ve already mentioned, you cannot claim compensation for cancer misdiagnosis alone. You must be able to prove that your misdiagnosis was due to negligent treatment, and that it caused you avoidable harm.
Some examples of how cancer misdiagnosis could occur due to a medical professional breaching their duty of care include:
- Failure to refer: You could receive a wrong diagnosis if you show certain symptoms, but your doctor fails to refer you for the appropriate tests, letting tumours or cancerous cells go unnoticed.
- Misreading tests: If you were referred for a test, such as an ultrasound, biopsy, or x-ray, you could receive an incorrect cancer diagnosis if your doctor misread your results. For example, if your x-ray clearly showed the presence of a cancerous tumour, but your doctor did not notice this, this could delay your cancer diagnosis.
- Mishandling samples: Biopsy and blood samples should be properly labelled and handled. If they aren’t, this could result in incorrect or inaccurate test results, causing a wrong diagnosis or a delayed diagnosis.
- Ignoring patient concerns: If your doctor does not take your symptoms or concerns seriously, this could result in a misdiagnosis.
What Are The Most Commonly Misdiagnosed Cancers?
There are some cancers which are more commonly misdiagnosed as less serious illnesses due to overlapping symptoms. If this happens, it may form the basis of cancer misdiagnosis claims. These cancers include:
- Lung cancer: Initial signs, such as a persistent cough, are commonly observed in other conditions like asthma or bronchitis. Therefore, ignoring this symptom may lead to delayed treatment.
- Cervical cancer: A common symptom of cervical cancer is unusual bleeding, which can be mistaken for a menstrual issue or menopause. This results in the smear test not being conducted, leading to a delay in diagnosis.
- Breast cancer: Due to similar symptoms, breast cancer may be misdiagnosed as fibrocystic breast disease, a benign condition. This can result in a specialist not examining the lumps properly or ordering any follow-up tests.
- Prostate cancer: The symptoms include an increased need to urinate, which can be attributed to an infection or prostate enlargement. There may be a failure to order specific antigen tests, leading to an unnecessary delay in diagnosis.
- Bowel cancer: Due to common symptoms like abdominal pain, bowel cancer is often misdiagnosed as irritable bowel syndrome. It is essential to conduct a colonoscopy to rule out the possibility of cancer.
- Pancreatic cancer: Vague symptoms like indigestion often lead to a lack of action unless it is too late.
Call our team now if we have missed out on any other examples. We have already discussed the cancer misdiagnosis compensation amounts in great detail. However, you can speak to our advisors for more guidance on your cancer misdiagnosis payout.
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Gathering Evidence When Claiming For A Cancer Misdiagnosis
Collecting evidence is an important step when making a medical negligence claim for the misdiagnosis of cancer. It could help prove that your cancer misdiagnosis was a result of a medical professional failing to meet the minimum standard of care and illustrate the harm you have suffered due to this misdiagnosis.
Some examples of evidence that you could collect to help strengthen your claim include:
- Witness contact details: The contact details of potential witnesses, like anyone who came to your appointments with you, can be used to ensure their statements are taken at a later date.
- Keeping a symptoms diary: Keeping a symptoms diary can help create a record of the harm you experience as a result of your misdiagnosis by tracking how certain symptoms get worse and how this affects your day-to-day life.
- Medical records: This could state your original misdiagnosis and that you were later diagnosed with cancer and the treatment you need.
- Scans, X-rays, or test results: If your doctor failed to identify cancerous cells, lumps, or masses on a test or scan, then these can be used to strengthen your claim.
In some medical negligence cases, but not all, the bolam test may be applied. This test involved a panel of medical experts from the relevant field assessing the level of care you received. This isn’t something you’ll need to worry about organising yourself, but if used, the findings can be used as part of your supporting evidence.
To find out if you could be eligible to make a medical negligence claim for your misdiagnosed cancer, you can contact our advisors. If they believe you could have a strong case, they may connect you with one of our solicitors.
How Long Do You Have To Seek Medical Negligence Compensation?
As with all medical negligence claims, you must initiate your cancer misdiagnosis claim within the 3-year time limit. This is set by the Limitation Act 1980, and starts when medical negligence occurs or when you connect the avoidable harm you suffered with a medical professional providing substandard care. However, there are some exceptions to this three-year time limit.
For example, the time limit is indefinitely suspended for protected parties who do not have the mental capacity to launch their own cancer negligence claim. During this time, a court-appointed litigation friend can file a claim for clinical negligence on their behalf. If no claim is made and they regain the needed capacity, the time limit will restart on the date of their recovery.
Children under the age of 18 have the time limit suspended until their 18th birthday, during which time a litigation friend could claim on their behalf. If no claim is made, they will have three years from the date of their 18th birthday to start the process.
If you have any questions about the limitation period when making a clinical negligence claim, please speak with a member of our advisory team.
How Long Does A Cancer Misdiagnosis Claim Take?
The time it takes to resolve cancer misdiagnosis claims depends on several different parties. When you start a claim with Legal Expert, you know our dedicated medical negligence solicitors will do everything in their power to win you a fair settlement as quickly as possible.
However, it is not just your solicitor who influences how long your claim will take. We have set out a few factors that can influence the time frame here:
- Cases where your healthcare provider admits liability straight away move a lot quicker.
- If you experienced severe harm, both in terms of your medical condition and any financial losses, it will take longer to properly value.
- There could be delays in acquiring your medical evidence from the hospital.
- If your claim cannot be resolved through negotiation, it will go to trial. While the vast majority of cases will be settled out of court, those that go to a hearing will take more time.
Regardless of how long your cancer misdiagnosis compensation claim is going to take, our solicitors will support you from start to finish. We will ensure your case is as strong as it can be and give you the best possible chance of winning compensation. To learn more about starting a medical negligence claim, talk to our advisors today using the contact details given above.
Get Help From Our No Win No Fee Solicitors
If your cancer has been misdiagnosed as a result of medical negligence, you may be eligible to start a claim. The cancer misdiagnosis claims process can seem complex, but one of our experienced lawyers could help. For example, they can help you gather relevant evidence to support your case and ensure you put forward a full claim.
Additionally, our lawyers offer their services through a Conditional Fee Agreement (CFA), which is a type of No Win No Fee contract. Under a CFA, you typically won’t have to pay any upfront fees to your lawyer for them to start working on your case. Likewise, you won’t have to pay any ongoing fees for their services as your cancer misdiagnosis claim progresses.
A successful claim will see you awarded medical negligence compensation. The solicitor will take their success fee from this payout, but since there is a statutory cap in place, most of the payout is yours to keep.
Get In Touch To Learn More
Our solicitors are here to help if your cancer has been negligently misdiagnosed. With cancer misdiagnosis claims, there are many points to consider, such as starting your claim within the time limit and gathering evidence. Our solicitors can help ensure your claim is filed in full and all areas are covered. Get in touch today to learn more about misdiagnosed cancer claims:
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Further Resources And Additional Links On Cancer Misdiagnosis Claims
Below, we have provided other guides exploring cancer claims following medical negligence. We have also included some additional external resources.
- Our guide on bladder cancer negligence claims could help if you’ve experienced something similar.
- See our guide on breast cancer negligence claims.
- If you’re wondering whether you can make a claim after a lung cancer misdiagnosis, see our guide.
- Visit the NHS Resolution to see how they may be involved in your claim.
- Read this guide on seeking compensation following an incident of medical negligence resulting in death.
Other Medical Negligence Guides
- How Much Compensation For Orthopaedic Negligence Claims?
- A Guide to Bed Sores/Pressure Sore Negligence Compensation Claims
- £500,000 Compensation For Undiagnosed Cancer Claims Guide
If you still have any questions about cancer misdiagnosis claims, you’re welcome to contact Legal Expert using the contact details included in this guide.
