£500,000 Compensation For Undiagnosed Cancer
By Marianne Herondale. Last Updated 20th April 2022. This is a case study guide about claiming compensation for undiagnosed cancer. In this article, we explore in detail a case of a successful claimant who suffered due to medical negligence.
For any further queries, or for free legal advice about starting your own claim, you can get in touch with our skilled advisors at any time.
Select a Section
- Case Study, Compensation For Undiagnosed Cancer
- How Common Are Medical Misdiagnosis And Undiagnosed Cancer Cases?
- Establishing Liability In Cancer Misdiagnosis Cases
- A Guide To Medical Negligence Late Diagnosis
- What Did The Cancer Misdiagnosis Settlement Include?
- Average Payout for Cancer Misdiagnosis
- Common Causes Of Compensation For Undiagnosed Cancer
- No Win No Fee Cancer Misdiagnosis Cases
- Contact Legal Expert Today
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.
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 that 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.
Can I get compensated for missed diagnosis?
If a health care provider misdiagnosed you, and subsequently your condition worsened, you could potentially claim compensation if you can prove they acted negligently. For example, if they did not undertake all the appropriate steps towards diagnosing cancer.
For more information on failure to diagnose cancer settlements, get in touch with our team at any time.
In order to make a 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 that you did not have.
How much your cancer misdiagnosis settlement will be will depend on 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. 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.
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.
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, it would help to provide her financial help for the future. The claim also included damages for the suffering and pain that 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 rebuild her life.
Though there is no average payout for a compensation claim, as each case is assessed individually, this section includes potential compensation amounts that could be awarded in cases of cancer misdiagnosis. The table below shows figures from the Judicial College Guidelines, a document used by legal professionals to help value general damages in personal injury claims.
|Death||Full Awareness||£11,770 to £22,350||Full awareness for a short period, consciousness will fluctuate for around 4-5 weeks. There will be significant physical injuries and intrusive treatment followed by death within a couple of weeks, up to 3 months.|
|Mental Anguish||-||£4,380||There will be a reduction in life expectancy and the claimant will experience a fear of impending death.|
|Lung Cancer||(B)||£65,710 to £91,350||Typically in older claimants. Will cause severe pain and impair quality of life and lung function.|
|Asbestos-Related Disease||(B)||£65,710 to £91,350||Lung cancer, often fatal.|
|Bladder||(D)||£21,970 to £29,380||Cancer risk cases can attract awards at the top of the range even if natural function continues. The award will reflect loss of life expectancy.|
You could also potentially claim special damages as part of your claim, to compensate you for any specific financial costs relating to your accident or injury. This could include loss of earnings or medical expenses.
Get in touch with our team at any time for more information on what you could claim. Alternatively, you can use our online compensation calculator tool.
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 that 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 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 success 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.
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.
If you suffered medical negligence due to the NHS, find out here how you could potentially claim.
If you have any further queries about claiming after being wrongly diagnosed with cancer, or claiming compensation for undiagnosed cancer, please don’t hesitate to get in touch with us at any time.