When Could You Claim For Pancreatic Cancer Misdiagnosis?
In this guide, we will discuss when you could be eligible to make a medical negligence claim for pancreatic cancer misdiagnosis. All medical professionals owe you a duty of care as their patient. This duty means they must provide you with the correct standard of care. If a medical professional fails to do this and causes you avoidable harm, this is known as medical negligence.
Cancer is a condition that can develop and worsen over time. Therefore, if you experience a delay in treatment due to a misdiagnosis, it could cause you harm, such as additional pain and suffering, a worsened prognosis and psychiatric injury. In severe cases, it could cause a reduction in life expectancy.
Continue reading this guide to learn more about how cancer can be misdiagnosed, when this could lead to a medical negligence claim and how much compensation you could be eligible to receive.
You could also get in touch with a member of our team at Legal Expert to make an enquiry. Our advisors can provide free legal advice on clinical negligence claims. If they find that you may be eligible to bring forward a compensation claim, they could connect you with one of our specialist medical negligence solicitors.
To get in touch, you can do one of the following:
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- What Is Pancreatic Cancer Misdiagnosis?
- How Is Pancreatic Cancer Diagnosed?
- Causes Of Cancer Being Misdiagnosed
- Steps To Take If Pancreatic Cancer Misdiagnosis Harmed You
- Pancreatic Cancer Misdiagnosis Claim Calculator
- Talk To Us About No Win No Fee Claims
The pancreas is an organ found in the abdomen. It makes up part of the digestive system. Pancreatic cancer is cancer that is found anywhere in the pancreas. and can cause symptoms such as loss of appetite, tiredness and a high temperature.
In advanced cases, cancer can spread to other parts of the body; this is called metastases. Cancer Research UK explains that pancreatic cancer could spread to the:
- Lining of the abdomen
- Lining of the bowels
Misdiagnosis of cancer could cause you to receive the incorrect treatment and delay the time it takes for you to get the right treatment. Therefore, it can potentially cause avoidable harm. Continue reading to learn when you may be eligible to claim for the harm caused by a misdiagnosis.
Can You Claim For Pancreatic Cancer Misdiagnosis?
Following a pancreatic cancer misdiagnosis, you may be eligible to claim compensation for the harm you have suffered under the following conditions:
- Firstly, a medical professional owed you a duty of care.
- Secondly, they breached this duty of care, leading to the misdiagnosis of cancer.
- As a consequence of this, you suffered harm which could have been avoided if the right level of care had been given.
If you were caused harm despite a medical professional providing you with the correct stand of care, you would be unable to claim. If you would like advice on whether you could have valid grounds to make a medical negligence claim, please speak to one of our advisors.
If you are suffering from the symptoms of pancreatic cancer, you should seek medical attention. Following this, a doctor may decide to send you for tests to get a diagnosis.
These test and next steps can include:
- Scans, such as ultrasound, CT, PET or MRI scans
- Blood tests
- A biopsy
- A laparoscopy
- An ERCP
Tests are an important step to reaching a diagnosis, as symptoms of other conditions could overlap with the symptoms of cancer. In the following section, we will provide examples of how a medical professional could misdiagnose cancer. To make an enquiry into whether you could make a medical negligence claim for the misdiagnosis of pancreatic cancer, please speak to our team of advisors.
If a medical professional does not provide the correct standard of care, this could result in a pancreatic cancer misdiagnosis that causes avoidable harm. Below we have provided some examples of how this could happen:
- You could go to the GP and clearly explain all of your symptoms of pancreatic cancer. However, the doctor ignores these symptoms and sends you away without carrying out any tests. This results in the cancer progressing over time and spreading to other areas of the body, leading to a much worsened prognosis.
- A medical professional in a hospital could mix up test results, causing you to receive a different patient’s diagnosis. This could lead to you receiving the wrong medication, which could result in negative side effects and the worsening of your condition.
- If your initial test results are inconclusive, a doctor may fail to carry out further diagnostic tests. This could also cause your condition to worsen without treatment.
Please contact our advisors for advice on whether a medical professional’s negligence caused you avoidable harm. If they do feel you have a valid claim, then you could be connected with a No Win No Fee solicitor from our panel.
If you have been harmed by pancreatic cancer misdiagnosis, you could take the following steps:
- First, seek out relevant medical attention as soon as possible.
- Then, we recommend that you gather evidence to prove medical negligence in support your claim. Such as your medical records, any prescriptions and photographs of any visible symptoms.
- Also, you could keep a diary of your symptoms, so that you can track them over time.
- Additionally, it is advisable for you to seek expert legal advice on making a compensation claim for medical negligence.
Our team of claims advisors are available 24/7 to offer free and confidential legal advice at a time most convenient for you. Please don’t hesitate to get in touch, as certain time limits of when you can begin a claim may apply. Our advisors can provide you with information on the time limits applicable to your claim.
How Long Do I Have To Claim For Pancreatic Cancer Misdiagnosis?
Under the Limitation Act 1980, the time limit for starting a pancreatic cancer misdiagnosis claim is three years. This begins on the date you suffered harm or from the date of knowledge. This is the date that you first realised the harm you suffered was caused by a medical professional breaching their duty of care.
There are certain exceptions to this time limit. For example, if the claimant is under the age of 18, then the time limit is paused until their 18th birthday. From this date, they will then have three years to start a claim. At any point, while the time limit is paused, a court-appointed litigation friend could make a medical negligence compensation claim on their behalf.
The time limit is frozen indefinitely for those who lack the mental capacity to make a claim for themselves. A litigation friend could make a claim on their behalf. If they recover the capacity to claim, and one has not already been made, the time limit reinstates on the date of recovery.
To find out if you are within the time limit to start a medical negligence claim, contact our team of advisors today.
For a successful medical misdiagnosis claim, you could receive up to two heads of compensation. Firstly, general damages can compensate for the pain and suffering that results from the avoidable harm caused by medical negligence. Secondly, special damages can compensate for certain financial losses associated with this avoidable harm. It is important that you can provide evidence of any monetary losses.
Examples of financial losses you could suffer include the following:
- Medical costs
- Travel expenses
- The cost of care
- Loss of income
As a guide to potential compensation amounts under the general damages head of claim, we have used the 2022 updated version of the Judicial College Guidelines (JCG) to create the following table. Medical negligence solicitors can also use this document to help them when valuing compensation awards. Please remember that the figures are a guide and not a guarantee of the award you may receive.
|Harm||Potential Compensation Amounts||Notes|
|Bowels (a)||Up to £184,200||The person will have double incontinence, meaning they have completely lost natural bowel and urinary function, alongside other medical complications.|
|Bowels (b)||Up to £150,110||The person has completely lost all natural function of their bowels and there will be a dependence on colostomy, considering age.|
|Lung Disease (a)||£100,670 to £135,920||The person will be young and have a serious disability. There will be a probability that their condition will progressively worsen and lead to premature death.|
|Lung Disease (b)||£70,030 to £97,330||This bracket includes cancer, typically in an older person, that affects the lungs. It will cause impairment of both quality of life and function, as well as severe pain.|
|Severe Psychiatric Injury (a)||£54,830 to £115,730||Within this bracket there will be marked problems with the person's capability to cope with daily life and their prognosis will be very poor.|
|Moderate Psychiatric Injury (c)||£5,860 to £19,070||Though the person will suffer with their capability to cope with daily life, they will have made a marked improvement by trial and their prognosis will be good.|
|Digestive System (b)(iv)||£910 to £3,950||The person will have varying degrees of cramps, disabling pain and diarrhoea, lasting for some days or weeks.|
For a personalised claim estimation, contact our advisors today.
A an advisor can give you an assessment of your claim today. Should they find you could have an eligible case, they may put you in contact with one of our No Win No Fee solicitors. These are legal professionals that could offer to work on your claim under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
This type of agreement will commonly mean:
- No upfront or ongoing payments for your solicitor’s services.
- No payment for your solicitor’s services if your claim is unsuccessful.
- A solicitor can take a small percent of the compensation, called a success fee, if your claim is successful. The relevant legislation caps this amount.
To find out whether you could begin a pancreatic cancer misdiagnosis claim, please get in touch today. You can:
Related Cancer Misdiagnosis Claim Guides
Explore further online guides for more information on making a medical negligence claim and support for pancreatic cancer misdiagnosis.
- Making A Compensation Claim After A Lung Cancer Misdiagnosis
- Breast Cancer Negligence Compensation Claims Guide
- Bladder Cancer Misdiagnosis Claim
- Get help making a claim for oesophageal cancer misdiagnosis and learn more about the claims process for cancer misdiagnosis.
- If you’ve suffered harm due to a surgery gone wrong, you may be entitled to compensation. Read our guide to learn more.
- If your knee surgery went wrong and caused you harm, our guide could help. Get advice on claiming medical negligence compensation.
- Treatment for pancreatic cancer – an NHS guide
- Where to find help and support for pancreatic cancer – an NHS guide
- Good medical practice – General Medical Council (GMC)
We hope this guide to claiming medical negligence compensation for a pancreatic cancer misdiagnosis has provided you with the information you were looking for. If you are left with any questions, please get in touch using the information provided above.