£500,000 Compensation For Undiagnosed Cancer
Case Study, Compensation For Undiagnosed Cancer
At Legal Expert, we work with a panel of specialist medical negligence solicitors. We have successfully helped people across the country to claim compensation for undiagnosed cancer cases as well as a medical misdiagnosis. Negligent, erroneous or undiagnosed cancer can be extremely serious and lead to highly serious consequences, even life-threatening ones. Working with these claimants, we have helped them to recover the damages and compensation they deserve.
The failure to diagnose a medical condition as serious as cancer at an early stage can lead to very serious complications. In this case, the claimant sought to claim compensation for undiagnosed cancer. The claimant did not have her throat cancer diagnosed at an early stage. This caused the claimant to require a complete laryngectomy (the removal of her voice box). This took away her ability to speak as well as other serious consequences. Solicitors were able to claim a total of £500,000 in damages.
How Common Are Medical Misdiagnosis And Undiagnosed Cancer Cases?
Misdiagnosis and undiagnosed conditions are much more common than many people think. Experts have previously warned that as many as one in six people seeing their GP, consultants or other medical practitioners in the UK’s NHS could have been misdiagnosed or have conditions which have gone undiagnosed. Most cases of misdiagnosed or undiagnosed cases are not as serious as cancer misdiagnosis cases, however, a large enough number of patients will suffer significant consequences. According to Professor Graham Neale; NHS doctors made mistakes in around a sixth of cases as they were too quick to make a diagnosis. In other cases, doctors were hesitant to ask for a second opinion. Professor Neale said this is a problem which not adequately be dealt with. The government and NHS have previously awarded more than £45 million to over 700 cases of cancer misdiagnosis. This was over a single eight-year period.
Establishing Liability In Cancer Misdiagnosis Cases
In order to make cancer delayed diagnosis compensation claim in the UK, you need to be able to demonstrate that having this delay in diagnosis or misdiagnosis which prevented the start of treatment, lead to a significant deterioration in your condition and long-term prognosis. You need to show that this was caused by a medical professional. You could also make a claim for compensation if you have been diagnosed with cancer which you did not have.
How much your cancer misdiagnosis settlement will be will depend on by how much your condition has deteriorated and by how much this has caused your condition to deteriorate. You will need to show it has adversely affected your long-term prognosis, recovery and the other impacts it can have on your life. Medical practitioners have few defences against undiagnosed or misdiagnosed cancer claims. However, the process of making a claim for compensation for a delayed cancer diagnosis can be lengthy and complicated. As such, it is a good idea to start your case as soon as possible.
In this case, the claimant alleged that the failure to diagnose the woman with throat cancer, her consultant caused her to require a complete laryngectomy, removing her voice box. This removed her ability to speak and hampered her breathing. Solicitors alleged that an accurate diagnosis after being referred by her GP to see a consultant would have caught cancer at an earlier stage. The medical negligence late diagnosis should have been picked up by the MRI scan, and diagnosed by the consultant.
In this case, it was alleged that the four-month gap between misdiagnosis and getting treatment meant that chemoradiotherapy was no longer a treatment option (having previously had a 60% chance of success). This left life-changing surgery as the only option.
A Guide To Medical Negligence Late Diagnosis
The cancer misdiagnosis payout took into account the severity of the injuries, ie. the need for surgery which previously may not have been required. As well as the previously mentioned symptoms, the operation also lead to the woman having her tonsils removed as well as the area of her throat surrounding this removed, including her voice box and tongue. This left the claimant unable to talk. It also meant that she was extremely restricted in eating and drinking. She would now no longer be able to eat solid foods.
What Did The Cancer Misdiagnosis Settlement Include?
Whilst the claim noted that any compensation would not be able to repair the damage which had been caused by undiagnosed cancer, nor could it mitigate her condition, but that it would help to provide her financial help for the future. The claim also included damages for the suffering and pain which she was going through. The settlement of £500,000 included loss of earnings, out-of-pocket expenses as well as medical care. This compensation for delayed cancer diagnosis helped the claimant to help rebuild her life.
Common Causes Of Compensation For Undiagnosed Cancer
There are a variety of reasons for cancer being misdiagnosed or undiagnosed in the UK by medical practitioners. Causes could include everything from a radiologist misinterpreting an x-ray or another type of scan. GP’s can also make errors when they are diagnosing tests. At any stage along the way medical practitioners or facilities can also mix up results between patients. When you make a claim for compensation for undiagnosed cancer, your solicitors will need to determine what the mistake was, and what caused it.
To do this, a solicitor will need to view all your medical records and pass these on to an independent expert who can highlight mistakes which were made. Once they have established where and how the misdiagnosis happened, we can start to look at how much compensation for misdiagnosis of cancer you will be entitled to.
No Win No Fee Cancer Misdiagnosis Cases
No win no fee cancer misdiagnosis claims cases facilitate people who may not ordinarily be able to make a claim for compensation or access legal services. Making a claim can be expensive if you have to pay large upfront and ongoing fees. If you are already facing a loss of earnings due to this, then you may not be able to afford to make a claim. Our no win no fee services come with no upfront or ongoing payments. Our fee is taken as a part of the final settlement you receive. If we are not successful, you won’t have to pay us a penny. For more advice on how no win no fee works, visit our no win no fee guide page.
Contact Legal Expert Today
For more information on our range of legal services and to start your compensation for undiagnosed cancer or other claims case, talk to the legal specialist solicitors at Legal Expert today. Call on 0800 073 8804 or email us using the contact form on this page. We are ready to help you get the compensation you deserve.
Misdiagnosis Of Cancer Claims
Find out more information about making a claim for compensation if you have been misdiagnosed or undiagnosed with cancer.
Medical Negligence Claims
Have you experienced medical negligence by a GP, consultant or other practitioner? View our guide to see if you are entitled to compensation.