When Could You Claim For Leukaemia Misdiagnosis?
This guide discusses the eligibility criteria for claiming compensation for a leukaemia misdiagnosis. A missed diagnosis or misdiagnosis relating to leukaemia can have serious consequences. If it was caused by clinical or medical negligence, you could be entitled to claim.
Leukemia misdiagnosis claims guide
Below, we offer useful information on misdiagnosis claims and late diagnosis claims. This includes providing insight into what evidence could support a cancer misdiagnosis claim.
Later on, we explain how compensation could be calculated for cancer misdiagnosis claims. Plus, we explain how eligible claimants could work with a lawyer under a No Win No Fee contract.
Should you have questions after reading this guide or wish to begin a claim, you can:
- Reach an advisor on 0800 073 8804
- Fill out our online form
- Use the live chat feature below
Browse Our Guide
- When Could You Claim For Leukaemia Misdiagnosis?
- Causes Of Leukaemia Misdiagnosis
- Evidence Which Could Support A Leukaemia Misdiagnosis Claim
- Guidelines On Payouts For Leukaemia Misdiagnosis Claims
- Why Choose Us For A No Win No Fee Leukaemia Misdiagnosis Case?
- Learn More About Claims For Medical Misdiagnosis
When Could You Claim For Leukaemia Misdiagnosis?
There are various types of leukaemia a person could suffer from. Some types of leukaemia begin and worsen quickly, such as acute myeloid leukaemia (AML) and acute lymphoblastic leukaemia (ALL). Other types of slower-developing leukaemia include chronic myeloid leukaemia (CML) and chronic lymphocytic leukaemia (CLL).
A missed diagnosis of leukaemia could lead to a significantly poorer prognosis because of the delayed treatment. Similarly, a misdiagnosis of leukaemia can be a serious and potentially life-threatening error. This could cause the condition to spread, for example, to the brain, spleen or testicles. You might also be given the wrong medication because of a misdiagnosis, and this causes you harm.
In order to make a successful claim, you would need to show that a healthcare professional failed to meet the accepted standard of care and that this failure led to an incorrect diagnosis. You would also need to show that this misdiagnosis caused you avoidable harm, such as delaying the start of appropriate treatment or resulting in unnecessary treatment or tests.
Some claims for leukaemia misdiagnosis may be put to the Bolam test. This involves obtaining appropriate medical professionals’ opinions on whether the standard of care provided was correct. The findings of this test could support your cancer misdiagnosis claim.
What Is The Limitation Period For A Leukaemia Misdiagnosis Claim?
According to the Limitation Act 1980, the time limit for starting a claim for medical negligence, including a leukaemia misdiagnosis, is usually three years from the date of the incident or from the date you became aware of the avoidable harm being due to medical negligence.
However, there are some exceptions to this general rule. Speak with a member of our team for information about when these can apply.
Causes Of Leukaemia Misdiagnosis
A misdiagnosis of leukaemia can occur due to a number of factors, including:
- Failure to order appropriate tests: A healthcare professional may fail to order the necessary tests to diagnose leukaemia, despite the circumstances indicating that this should be done
- Incorrect interpretation of test results: Even if the appropriate tests are ordered, the results may be misinterpreted or misread.
- Failure to refer: In some cases, a healthcare professional may be expected to refer the patient to a specialist. If this isn’t done, this could cause a harmful delay in diagnosis.
It’s important to note that not all misdiagnoses of leukaemia are the result of clinical negligence. However, if a healthcare professional’s failure to follow the correct standard of care led to the misdiagnosis of leukemia, and this unnecessarily harms the patient, this is an example of medical negligence.
Evidence Which Could Support A Leukaemia Misdiagnosis Claim
To prove that a misdiagnosis for leukaemia or a late diagnosis caused you avoidable harm, you will need to provide evidence.
Evidence that could support a leukaemia misdiagnosis claim could include:
- Medical records: Your medical records can provide a detailed history of your condition, including any tests that were ordered, the results of those tests, and any treatments you received.
- Independent medical evidence: A medical negligence solicitor could assist you in arranging an appointment with an independent expert. They could write a report that could establish the impact of the incorrect diagnosis on your condition.
- Witness contact details: Statements from other healthcare professionals or family members who were present during your diagnosis and treatment can help to support your claim.
The evidence you use to support your claim for harm caused by a misdiagnosis of cancer may vary depending on the facts and circumstances of your case. If you call the helpline, an advisor could speak to you about your claim.
Guidelines On Payouts For Leukaemia Misdiagnosis Claims
If a leukaemia misdiagnosis claim is successful, compensation may be awarded under two different types of damages, referred to as heads of claim.
One of these is known as general damages. These could be awarded to compensate for the avoidable physical and psychological harm you’ve experienced. Plus, they could compensate for the negative impact on your enjoyment of life (loss of amenity).
There are no set compensation payouts for medical negligence claims, as all cases must be assessed on their own unique facts and circumstances. However, the Judicial College Guidelines (JCG) provide guidance to lawyers handling cases in England and Wales as to what compensation payouts could be appropriate for different conditions and injuries. The figures below come from this publication. While they only provide rough guidance, they could be useful as an alternative to a compensation calculator.
| Type of harm | Guideline bracket | Severity of condition |
|---|---|---|
| Brain injury (a) | £282,010 to £403,990 | Very Severe. Little if any meaningful interaction with environment. Double incontinence and full-time care required. |
| Brain injury (b) | £219,070 to £282,010 | Moderately Severe. Very serious disabilities. Substantial requirement for support from others and a need for care. |
| Spleen (a) | £20,800 to £26,290 | Loss of spleen and damage to the immune system, resulting in vulnerability to infection. |
| Spleen (b) | £4,350 to £8,640 | Less severe damage with little to no risks of the above. |
| Damage to the male reproductive system (f) | £20,070 to £22,580 | No resulting impotence or loss of sexual function after an orchidectomy. However, there would be some psychological impact. |
Special Damages Which Could Be Claimed
You could also be awarded special damages in relation to the financial loss you’ve experienced due to the misdiagnosis. You could be awarded compensation for:
- Loss of income
- Care costs
- Medical expenses
- Travel expenses
To learn more about the expenses that could be awarded in your own claim, you could call the helpline. An advisor would be able to guide you on the compensation you could be eligible for.
Why Choose Us For A No Win No Fee Leukaemia Misdiagnosis Case?
If you are considering making a leukaemia misdiagnosis claim, you might wish to get help from an experienced solicitor. If you meet the eligibility criteria, one of our solicitors could help you make what people sometimes refer to as a No Win No Fee claim.
Essentially, this agreement generally means you won’t pay for the solicitor’s services at the beginning or during your claim. There are different types of No Win No Fee contracts, including a Conditional Fee Agreement (CFA).
If you’re awarded compensation, you would pay a success fee to the solicitor for their work on your case. The success fee is capped under the Conditional Fee Agreements Order 2013. Should your claim not succeed, you would not usually pay for the solicitor’s work.
If you would like to work with an experienced medical negligence solicitor, please don’t hesitate to call for a free consultation. Not only could an advisor assess your eligibility to claim. They could also answer questions about your case and provide free legal advice. Furthermore, if you are eligible to claim, they could connect you with a solicitor to assist with your claim.
For free legal advice or to start your claim:
- Call 0800 073 8804 – this helpline is open 24/7
- Begin your claim online
- Use the live chat popup on this page
Learn More About Claims For Medical Misdiagnosis
You can find further guidance on medical misdiagnosis claims and leukaemia by following the links below:
Misdiagnosed by video consultation – This guide looks at misdiagnosis claims specific to video consultation appointments.
Frequently asked questions about medical negligence – Here, you can find answers to common questions about medical negligence.
Hospital infection claims – This guide explains the eligibility criteria for claiming for hospital-acquired infections.
Hairy cell leukaemia (HCL) – Cancer Research UK provides information on the signs of HCL, such as fever, chills, nosebleeds and fatigue.
How common is leukaemia misdiagnosis? – Leukaemia UK provides insight into what can be mistaken for leukaemia and how often it could be misdiagnosed.
Macmillan Cancer Support Services – Here, you can find out how Macmillan helps cancer patients.
Written by Jeffries
Publisher Stocks
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