How Much Compensation For Cancer Misdiagnosis Claims?
By Danielle Jordan. Last Updated 1st November 2023. 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.
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
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Learn More About Cancer Misdiagnosis Claims
- What Is The Average Payout For Cancer Misdiagnosis?
- Cancer Misdiagnosis Claims – The Criteria For Claiming
- How Could Cancer Misdiagnosis Occur?
- Gathering Evidence When Claiming For A Cancer Misdiagnosis
- How Long Do You Have To Seek Medical Negligence Compensation?
- Get Help From Our No Win No Fee Solicitors
- 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.
| Injury Type | Notes | Amount |
|---|---|---|
| Total Blindness (b) | Total loss of sight. | In the region of £268,720 |
| 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.
How Could Cancer Misdiagnosis Occur?
There are various ways in which a cancer misdiagnosis could happen. These include:
- Failure to diagnose. For example, not referring you for further testing because the GP did not consider all of your symptoms. This can result in a delayed diagnosis causing the need for harsher treatments than would have been necessary had the cancer been caught earlier.
- Wrong diagnosis. For example, diagnosing you with a different condition. A wrong diagnosis can result in treatment for a condition you do not have while your cancer spreads.
- Misinterpretation of test results. These could be results from a blood test, or scan. For example, if the test results show cancer markers, but your doctor fails to recognise these.
- Over-reliance on one type of test. For example, a blood test only shows markers for certain types of cancer. If this comes back negative, but you are still showing symptoms that could be cancer, a delayed diagnosis could occur if your doctor fails to send you for another type of test.
However, cancer misdiagnosis claims are only valid when a breach in the duty of care by a medical professional caused unnecessary harm. For example, you might not be able to seek cancer misdiagnosis compensation if you did not communicate all your symptoms to your doctor.
If you have any questions about the average payout for a cancer misdiagnosis in the UK, please speak with one of our advisors.
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.
How Long Do You Have To Seek Medical Negligence Compensation?
As per the Limitation Act 1980, there is a three-year time limit for suing the NHS or a private healthcare institution. The three years may start either from the date:
- The incident of cancer negligence occurred
- You became aware that a medical professional’s failure at least contributed to your cancer misdiagnosis
However, there are exceptions. For example, for anyone under 18, the 3-year limit starts on their 18th birthday. Alternatively, someone could apply to act as a litigation friend and put forward the claim on their behalf before they turn 18.
Or, if someone has a reduced mental capacity, the time limit is frozen. During this time someone could apply to act as a litigation friend on their behalf. Alternatively, they will have three years from their recovery date.
A litigation friend is someone who would make decisions in the best interests of the person and keep them up to date on the proceedings where possible. It could be a parent, guardian or solicitor.
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.
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.
- Our guide on bladder cancer negligence claims could help if you’ve experienced something similar.
- See our guide on breast cancer negligence claims.
- If you’re wondering whether you can make a claim after a lung cancer misdiagnosis, see our guide.
- Visit the NHS Resolution to see how they may be involved in your claim.
- For more information on claiming compensation after an accident or injury, see the government website.
- Visit this guide on seeking compensation following an incident of medical negligence resulting in death.
Other Medical Negligence Guides
- Birmingham Medical Negligence Solicitors
- Nottingham Medical Negligence Solicitors
- How Much Compensation For Orthopaedic Negligence Claims?
- A Guide to Bed Sores/Pressure Sore Negligence Compensation Claims
- Breast Cancer Negligence Compensation Claims Guide
- Negligence Carpal Tunnel Surgery Claims Guide
- How To Make A Dry Needling Negligence Claim
- Eastbourne Walk-In Centre Medical Negligence
- Sutton Coldfield Walk-In Centre Medical Negligence
- Abingdon Medical Negligence Solicitors
- Aldershot Medical Negligence Solicitors
- Ashford Medical Negligence Solicitors
- Medical Negligence Claims Guide
- Crawley Medical Negligence Solicitors
- Paralysis Due To Medical Negligence
- Blackpool Medical Negligence Solicitors
- Doctor Prescribed The Wrong Dosage
- What Are The Time Limits For Suing The NHS?
- Fracture Misdiagnosis Compensation Claims
- Bristol Medical Negligence Solicitors
- Bladder Cancer Compensation Claims Guide
- Lung Cancer Misdiagnosis Claims
- Claim For A Sunbed Burn
- £500,000 Compensation For Undiagnosed Cancer Claims Guide
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.
