When Could You Claim For The Misdiagnosis Of Lung Cancer?
By Cat Way. Last updated 30th August 2023. The misdiagnosis of lung cancer can cause avoidable and unnecessary harm. This guide will explain what errors could lead to a doctor misdiagnosing a patient’s lung cancer. We will also explain the potential consequences of a lung cancer misdiagnosis on a patient.
Misdiagnosis of lung cancer claims guide
You could make a medical negligence compensation claim if a doctor failed to diagnose your lung cancer as the result of a breach of duty of care, and this harmed you unnecessarily. If you are eligible to claim, one of our solicitors will be happy to help you seek the compensation you deserve.
Please contact Legal Expert to see if you can claim. You can:
- Call 0800 073 8804 to speak with our team
- See if you can claim online
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Select A Section
- What Is Misdiagnosis Of Lung Cancer?
- How Is Lung Cancer Diagnosed?
- Causes Of Lung Cancer Misdiagnosis
- Steps To Take If Your Lung Cancer Was Misdiagnosed
- Payouts For The Misdiagnosis Of Lung Cancer
- Ready To Start Your Claim For The Misdiagnosis Of Lung Cancer
What Is Misdiagnosis Of Lung Cancer?
Every year more than 43,000 people in the UK are diagnosed with lung cancer according to the NHS, meaning it is one of the most common types of cancer. Symptoms of this condition often aren’t apparent in the early stages of the disease. Usually, patients only notice the symptoms of lung cancer after it has spread to another organ, for example, the brain, bones or adrenal gland above the kidneys.
According to the NHS, 2 in 5 people with lung cancer live at least one year after they are diagnosed. 1 in 10 people lives with the disease for ten years or more.
Lung cancer is a disease that can get worse over time. The sooner a patient gets a diagnosis, the sooner they can receive the appropriate treatment. If a doctor fails to diagnose the symptoms of lung cancer, the patient may require a more aggressive form of treatment, or the patient’s chances of survival may decrease.
Can You Claim Compensation For Clinical Negligence?
To claim compensation for the misdiagnosis of lung cancer, you must prove that medical negligence caused you avoidable harm. Medical practitioners, including doctors, surgeons and nurses, owe their patients a duty of care. Clinical negligence happens when medical practitioners fail to meet the standard of care required, causing their patients avoidable and unnecessary harm.
You could be entitled to claim compensation under the following circumstances:
- A medical practitioner has a duty of care towards you.
- They failed to diagnose your lung cancer because they acted negligently.
- You were harmed directly due to the negligence in a way that could have been avoided if the duty of care was adhered to.
In some cases, lung cancer might be misdiagnosed even when the right level of care is given. In these cases, the patient would be unable to claim. Please contact Legal Expert today to see if you have a valid case to pursue compensation.
How Is Lung Cancer Diagnosed?
A patient who is showing symptoms of lung cancer may be sent for the following tests to diagnose lung cancer:
- A blood test to rule out other causes of symptoms, such as a chest infection.
- A chest x-ray. Whilst most lung tumours are visible on X-rays, the X-ray may not be able to distinguish it from other lung conditions such as abscesses.
- A CT scan can show if you have lung cancer. A PET-CT scan can show where the active cancer cells are, which can help your medical team decide on the best form of treatment.
- A bronchoscopy; this is where a doctor takes a sample of cells from your airway.
- A biopsy, which entails taking a sample of the cells growing in the lungs and analysing them.
If you’re unsure whether or not your circumstances entail medical negligence, an advisor could help. Speak with a member of our team today for guidance on the process of claiming.
Causes Of Lung Cancer Misdiagnosis
You can only claim compensation for the incorrect, delayed or misdiagnosis of lung cancer if medical negligence was the direct cause, and if this delayed or missed diagnosis caused you unnecessary and avoidable harm. Because the symptoms of lung cancer are not usually present during the early stages of the disease, it may not have been possible for a doctor to diagnose your cancer in an earlier stage than they did.
However, below we have included some examples of how lung cancer could be missed because of medical negligence:
- GP negligence could occur if they ignore your symptoms and fail to send you for the appropriate tests.
- Hospital negligence may occur if the results of a test are not interpreted correctly. Therefore doctors do not follow up on abnormal test results.
- A patient may have delayed treatment because their test results were mislabelled with the name of another patient. This means that the patient was initially told they do not have lung cancer.
Steps To Take If Your Lung Cancer Was Misdiagnosed
To claim compensation for the misdiagnosis of lung cancer, you will need to present evidence to show that you meet the criteria to claim. You may present medical records to show that you were misdiagnosed and to demonstrate how this has impacted you. Moreover, it might be useful for you to keep a diary of your symptoms. If you choose to work with a medical negligence solicitor, they could help you in the process of collating evidence to use.
Under the Limitation Act 1980, claimants have three years in which to begin a clinical negligence claim. The limitation period begins on the date the negligence took place, or the date you realised the medical negligence had caused you harm; this is known as the date of knowledge.
Exceptions can apply to this, however. Speak with our team to see how long you could have to begin your claim.
Payouts For The Misdiagnosis Of Lung Cancer
Generally, a payout for lung cancer misdiagnosis can consist of two heads: general damages, and special damages. General damages are the first head of claim and cover the harm you have suffered as a result of the negligent misdiagnosis.
Often, when solicitors and other legal professionals value this head of claim, they will refer to the Judicial College Guidelines (JCG). This is a document that provides guideline compensation brackets for a number of injuries and illnesses, including lung cancer and other lung damage. Below, we’ve included some examples of these.
| Harm | Notes | Payout Amounts Guidelines |
|---|---|---|
| Brain Damage – Very Severe (a) | The injury will result in the person displaying little or no evidence of a meaningful response to their environment. They will need full time nursing care. | £282,010 to £403,990 |
| Brain Damage – Moderately Severe (b) | The injury will cause the person to be very seriously disabled. They will need constant care and will have a substantial dependence on others. | £219,070 to £282,010 |
| Kidney (a) | The person will have lost both kidneys, or have serious and permanent damage to both. | £169,400 to £210,400 |
| Kidney (b) | There will be a significant risk of the total loss of natural kidney function. | Up to £63,980 |
| Lung Disease (a) | Serious disability in a young person, where there is a probability of progressive worsening and early death. | £100,670 to £135,920 |
| Lung Disease (b) | This bracket will include lung cancer, generally in an older person, that causes severe pain and impairment of function and quality of life. | £70,030 to £97,330 |
Some lung cancer misdiagnosis settlements also include special damages. This head of claim covers the financial damage you suffer as a result of your negligent misdiagnosis. For example, this might include the cost of travel to and from hospital appointments, prescriptions and over-the-counter medication, childcare, and domestic help. Special damages can also help recoup future and current earnings that you lose as a result of missing work due to your illness.
To find out if you could be entitled to claim compensation for lung cancer misdiagnosis, contact our team of helpful advisors today.
Ready To Start Your Claim For The Misdiagnosis Of Lung Cancer
If doctors negligently left your cancer undiagnosed, you may be eligible to claim compensation for any avoidable harm this caused you. One of our advisors may be able to provide a skilled medical negligence solicitor from our panel if you have a valid claim. Furthermore, solicitors have solid experience handling claims for harm caused by medical or clinical negligence.
You may feel reluctant to pay an upfront fee to a lawyer to work on your case, especially if you have been affected financially because of negligence. If you work with a No Win No Fee lawyer, you will not have to pay a solicitors fee during the claims process. You will pay a success fee for your solicitor’s services if you win your claim. What’s more, you generally don’t pay them for the work they have done if your claim isn’t a success.
Please contact Legal Expert to make your enquiry about claiming for the misdiagnosis of lung cancer:
- Call our helpline on 0800 073 8804
- Request to make a claim online
- Alternatively, speak to an advisor using the Live Support widget
Claims For Cancer Misdiagnosis
We hope this guide has proven helpful. Please feel free to read these articles if you wish to know more about claiming compensation for the misdiagnosis of cancer.
- Bladder Cancer Misdiagnosis Claims
- Breast Cancer Negligence Compensation Claims Guide
- How Much Compensation For Orthopaedic Negligence Claims?
- An NHS guide to the prevention of lung cancer
- Duties of a doctor from the General Medical Council
- Advice from Cancer Research UK on the types of lung cancer
- Learn about surgical error claims and find out if you could be due compensation.
Please contact Legal Expert if you require more information about claiming for the misdiagnosis of lung cancer.
