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How Much Compensation For Cancer Misdiagnosis Claims?

By Danielle Jordan. Last Updated 9th February 2024. If you have been affected by a cancer misdiagnosis, then you may be eligible to claim compensation for medical negligence with sufficient evidence. In this guide, we aim to provide you with the information you need to understand whether you’re eligible to seek misdiagnosis compensation.

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Cancer Misdiagnosis Claims

A medical negligence claim could be possibly made for a misdiagnosis of cancer if you experienced avoidable harm due to a healthcare professional breaching their duty of care. We will explore the duty of care all trained medical professionals have towards you throughout this guide.

In addition, we’ll provide examples of clinical negligence resulting in someone experiencing a misdiagnosis or delayed cancer diagnosis.

Furthermore, we’ll help you understand what evidence you need to obtain in order to build a strong claim. In this guide, we will also outline the average payout for cancer misdiagnosis. We’ll also look at what your settlement could comprise.

Although we have aimed to cover the information you need, we understand that you may still have questions. If so, please don’t hesitate to get in touch on the details below:

  • Telephone — 0800 073 8804
  • Contact form — Fill out the form with your query and an advisor will get back to you
  • Live chat — Speak with an advisor instantly using the feature below

If you’d like to learn about the key points from this guide, why not check out our video below:

Learn More About Cancer Misdiagnosis Claims

  1. What Is The Average Payout For Cancer Misdiagnosis?
  2. Cancer Misdiagnosis Claims – The Criteria For Claiming
  3. How Could Cancer Misdiagnosis Occur?
  4. Gathering Evidence When Claiming For A Cancer Misdiagnosis
  5. How Long Do You Have To Seek Medical Negligence Compensation?
  6. Get Help From Our No Win No Fee Solicitors 
  7. Further Resources And Additional Links On Cancer Misdiagnosis Claims

What Is The Average Payout For Cancer Misdiagnosis?

Before starting your claim, you may wonder about the average payout for a cancer misdiagnosis. As compensation is awarded on a case-by-case basis, knowing the average may not be beneficial to you. Instead in this guide, we explain how a settlement for the wrong diagnosis of cancer could be awarded. 

A medical negligence settlement may consist of two heads of claim. These are general and special damages

In a successful claim, general damages compensate for the physical pain and mental suffering caused by medical negligence. To help when valuing a claim, legal professionals can refer to the Judicial College Guidelines (JCG). This document lists guideline compensation brackets for various types of harm. 

In our table below, we provided a few figures from the 16th edition of the JCG. Due to the differences between claims, it is only to be used as guidance. 

Edit
Injury Type Notes Amount
Multiple Serious Forms Of Harm And Special Damages Multiple instances of serious harm and financial losses, such as medical bills and prescriptions. Up to £1,000,000+
Kidney (a) Both kidneys are either permanently damaged or lost. £169,400 to £210,400
Kidney (c) One kidney is lost with the other suffering no damage. £30,770 to £44,880
Reproductive System: Female (a) Infertility by reason of disease that causes depression, sexual dysfunction with pain. £114,900 to £170,280
Reproductive System: Male (a) A complete loss of the male reproductive organs. In excess of £153,870
Chest Injuries (a) Serious heart damage with one lung removed which causes prolonged pain and suffering. £100,670 to £150,110
Bowels (b) Total loss of function and the person may depend on a colostomy depending on their age. Up to £150,110
Bladder (b) Complete loss of the bladders function and control. Up to £140,660
Lung Disease (b) Typically in an older person, causing severe pain and impairment of quality of life. £70,030 to £97,330
Moderately Severe Psychiatric Damage (b) Significant problems coping with daily life, but with an optimistic prognosis. £19,070 to £54,830

If you would like a free valuation of your potential compensation for a misdiagnosis of cancer, get in touch with an advisor.

What Else Could A Misdiagnosis Claim Include?

In successful claims, NHS cancer misdiagnosis payouts can also consist of special damages compensation. This aims to cover the financial losses that you’ve suffered due to the misdiagnosis. For example, your compensation for a cancer misdiagnosis could include the price of private medical costs you have paid for, such as therapy sessions or specialist medical treatments that cannot be provided elsewhere.

Other potential financial losses you may be able to claim for include:

  • Loss of earnings. The misdiagnosis could lead to you needing time off work. The earnings you’ve lost from this can be claimed back.
  • Travel costs. This involves, for instance, the cost of getting to and from medical appointments relating to your injury.
  • Adjustments to your home. For example, your condition may deteriorate meaning that you need a wheelchair or a stairlift in your property.
  • Care costs. If you require a private nurse to look after you due to your worsening condition, you could claim for this.

It’s important to note that you would need evidence highlighting the losses you’ve suffered financially to be able to claim for this. This would include providing receipts, payslips, invoices and bank statements. If you would like to know more, please contact us using the details provided.

Cancer Misdiagnosis Claims – The Criteria For Claiming

Now that you’ve learned more about the average payout for cancer misdiagnosis, we’ll discuss the criteria in place for making a claim. In order to pursue a cancer misdiagnosis payout, you have to be able to prove that:

  • A medical professional owed you a duty of care.
  • They failed to uphold this duty of care.
  • You suffered unnecessary or avoidable harm as a result.

These three factors together form medical negligence. All medical professionals owe their patients a duty of care. This means that the treatment they provide must meet a minimum standard of care and avoid causing unnecessary harm.

Because of this, you will not be able to claim solely for misdiagnosis. You have to be able to prove that the misdiagnosis of your cancer caused unnecessary or avoidable harm.

For example, if your cancer was misdiagnosed as another illness, this may have allowed the cancerous cells to metastasise to the point that your condition no longer responds to treatment. Or, if your illness was misdiagnosed as cancer, then you may have had to undergo chemotherapy or radiation treatment. In these cases, the misdiagnosis led to further unnecessary harm and could lead to a valid cancer misdiagnosis claim.

Contact our team of advisors today to find out if you have a valid medical negligence claim. Or, read on to learn more about the medical negligence claims process.

Two doctors look at a brain scan for further investigation.

How Could Cancer Misdiagnosis Occur?

As we’ve already mentioned, you cannot claim compensation for cancer misdiagnosis alone. You must be able to prove that your misdiagnosis was due to negligent treatment, and that it caused you avoidable harm.

Some examples of how cancer misdiagnosis could occur due to a medical professional breaching their duty of care include:

  • Failure to refer: You could receive a wrong diagnosis if you show certain symptoms, but your doctor fails to refer you for the appropriate tests, letting tumours or cancerous cells go unnoticed.
  • Misreading tests: If you were referred for a test, such as an ultrasound, biopsy, or x-ray, you could receive an incorrect cancer diagnosis if your doctor misread your results. For example, if your x-ray clearly showed the presence of a cancerous tumour, but your doctor did not notice this, this could delay your cancer diagnosis.
  • Mishandling samples: Biopsy and blood samples should be properly labelled and handled. If they aren’t, this could result in incorrect or inaccurate test results, causing a wrong diagnosis or a delayed diagnosis.
  • Ignoring patient concerns: If your doctor does not take your symptoms or concerns seriously, this could result in a misdiagnosis. 

These are just a few examples of how medical negligence could lead to a cancer misdiagnosis compensation claim. Our team of advisors can offer more information on making a medical negligence claim when you get in touch today.

Gathering Evidence When Claiming For A Cancer Misdiagnosis

Collecting evidence is an important step when making a medical negligence claim for the misdiagnosis of cancer. It could help prove that your cancer misdiagnosis was a result of a medical professional failing to meet the minimum standard of care and illustrate the harm you have suffered due to this misdiagnosis.

Some examples of evidence that you could collect to help strengthen your claim include:

  • Witness contact details: The contact details of potential witnesses, like anyone who came to your appointments with you, can be used to ensure their statements are taken at a later date.
  •   Keeping a symptoms diary: Keeping a symptoms diary can help create a record of the harm you experience as a result of your misdiagnosis by tracking how certain symptoms get worse and how this affects your day-to-day life.
  • Medical records: This could state your original misdiagnosis and that you were later diagnosed with cancer and the treatment you need.
  • Scans, X-rays, or test results: If your doctor failed to identify cancerous cells, lumps, or masses on a test or scan, then these can be used to strengthen your claim.

The findings of the Bolam test could also help support your claim. This is when a panel of relevantly trained medical professionals asses whether you received an appropriate standard of care.

To find out if you could be eligible to make a medical negligence claim for your misdiagnosed cancer, you can contact our advisors. If they believe you could have a strong case, they may connect you with one of our solicitors.

Medical notes with the words bladder cancer written on them.

How Long Do You Have To Seek Medical Negligence Compensation?

As with all medical negligence claims, you must initiate your cancer misdiagnosis claim within the 3-year time limit. This is set by the Limitation Act 1980, and starts when medical negligence occurs or when you connect the avoidable harm you suffered with a medical professional providing substandard care. However, there are some exceptions to this three-year time limit. 

For example, the time limit is indefinitely suspended for protected parties who do not have the mental capacity to launch their own cancer negligence claim. During this time, a court-appointed litigation friend can file a claim for clinical negligence on their behalf. If no claim is made and they regain the needed capacity, the time limit will restart on the date of their recovery.

Children under the age of 18 have the time limit suspended until their 18th birthday, during which time a litigation friend could claim on their behalf. If no claim is made, they will have three years from the date of their 18th birthday to start the process.

If you have any questions about the limitation period when making a clinical negligence claim, please speak with a member of our advisory team.

Get Help From Our No Win No Fee Solicitors

If your cancer has been misdiagnosed as a result of medical negligence, you may be eligible to start a claim. The cancer misdiagnosis claims process can seem complex, but one of our experienced lawyers could help. For example, they can help you gather relevant evidence to support your case and ensure you put forward a full claim.

Additionally, our lawyers offer their services through a Conditional Fee Agreement (CFA), which is a type of No Win No Fee contract. Under a CFA, you typically won’t have to pay any upfront fees to your lawyer for them to start working on your case. Likewise, you won’t have to pay any ongoing fees for their services as your cancer misdiagnosis claim progresses.

If your claim succeeds, your solicitor will require a success fee. This is taken from your compensation award, but there is a legislative cap in place, so you keep the majority of your settlement. If your claim doesn’t succeed, this fee is not paid.

Solicitor waits at table to take your No Win No Fee cancer misdiagnosis claim.

Get In Touch To Learn More 

Our solicitors are here to help if your cancer has been negligently misdiagnosed. With cancer misdiagnosis claims, there are many points to consider, such as starting your claim within the time limit and gathering evidence. Our solicitors can help ensure your claim is filed in full and all areas are covered. Get in touch today to learn more about misdiagnosed cancer claims:

  • Telephone — 0800 073 8804
  • Contact form — Fill out the form with your query and an advisor will get back to you
  • Live chat — Speak with an advisor instantly using the feature below

Further Resources And Additional Links On Cancer Misdiagnosis Claims

Below, we have provided other guides exploring cancer claims following medical negligence. We have also included some additional external resources.

Other Medical Negligence Guides

If you still have any questions about cancer misdiagnosis claims, you’re welcome to contact Legal Expert using the contact details included in this guide.

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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