Cancer can be deeply traumatising for those who face this disease, and that toll can be compounded in situations where substandard care leads to a misdiagnosis. If you have experienced that and suffered avoidable harm at the hands of a healthcare professional, we are here to help you. Therefore, please read through our useful cancer misdiagnosis claims guide to learn about the process of pursuing compensation.
Key Takeaways
- Many types of cancer can be misdiagnosed, including breast, pancreatic, and lung.
- Misdiagnoses may lead to delayed or incorrect treatment.
- You usually have up to 3 years to start a medical negligence claim.
- Your compensation may reflect your pain and suffering, as well as any related financial loss you suffered.
- One of our expert solicitors can help you seek compensation and support you throughout the claims process.
At Accident Claims, our friendly advisors are available 24 hours a day, 7 days a week, to answer any queries you may have. As part of the free services we offer, you can get a case check to assess the merits of your claim. If your case is strong, you could be connected with one of our specialist No Win No Fee solicitors. To start your cancer negligence claim, please contact us:
- Call us on 0800 073 8801
- Use our free live chat feature
- Contact us by filling out our online form
Frequently Asked Questions
- Can I Make A Cancer Misdiagnosis Claim?
- Am I Able To Make A Fatal Cancer Misdiagnosis Claim?
- What Compensation Could I Get For A Misdiagnosis Of Cancer?
- How A Compensation Payout Could Help After A Cancer Misdiagnosis
- The Types Of Cancer Covered In Cancer Misdiagnosis Claims
- How Could Negligence Result In A Cancer Misdiagnosis?
- How Can I Start A Claim For Misdiagnosed Cancer?
- Why Should I Get Help From Accident Claims
- Claiming For Misdiagnosed Cancer Compensation On A No Win No Fee Basis
- What Further Support Is Available If I Have Cancer?
- More Information
Can I Make A Cancer Misdiagnosis Claim?
Yes, you can make a cancer misdiagnosis claim, provided you fulfil the following eligibility requirements:
- You were owed a duty of care
- A healthcare professional breached this duty of care
- You suffered avoidable harm as a result of the breach
In a medical setting, a duty of care is essentially an obligation to provide patients with the correct level of care. Every healthcare professional and medical facility owes their patients this duty. For example, a doctor prescribing a medication could fulfil this duty by making appropriate checks for allergies and consulting with the patient’s medical records.
There are instances where a patient may experience harm even when they are given the correct standard of care. In such cases, you wouldn’t be able to make a claim for medical negligence. However, if an ultrasonographer misdiagnoses your early-stage breast cancer for fibroadenoma because they misinterpret scans, you may have grounds to claim for the resulting avoidable harm.
Am I Able To Claim For The Complications Of Delayed Cancer Treatment?
You may also be able to claim for the complications of delayed cancer treatment, provided that your case meets the eligibility criteria outlined above. In such circumstances, your claim may factor in the effects of a delayed diagnosis on your physical and psychological health.
For instance, you may have been misdiagnosed with endometriosis due to a misreading of test results, leading to a delayed diagnosis of ovarian cancer. As a result of that delay, you may have suffered unnecessarily and needed more aggressive treatment or surgery. In addition to the physical impact, your experience may also have led to depression or another psychological condition.
I Was Diagnosed With The Wrong Type Of Cancer, Can I Claim?
If you were diagnosed with the wrong type of cancer due to substandard medical care, you may be able to make a claim. Such a misdiagnosis could have far-reaching consequences, from significant delays to incorrect and unnecessary treatment.
To illustrate, a diagnosis of the wrong type of cancer could lead to the following:
- Unnecessary treatment, leading to organ damage or the requirement of further surgeries
- A delay in receiving the correct treatment
- The cancer becoming more severe due to the delayed treatment
Therefore, you could make a cancer misdiagnosis claim due to this mistreatment.
Can I Claim Against The NHS If I Was Misdiagnosed?
You can claim against the NHS if you were misdiagnosed, provided that you meet the eligibility criteria talked about earlier in this guide.
When a claim is made against the NHS, it is directed to the relevant trust or group responsible for your negligent care. As such, if you suffer unnecessarily because of a bladder cancer misdiagnosis in a hospital, your claim would be against the NHS trust that the facility belongs to.
You might have concerns that a successful claim would negatively impact public healthcare, but that is not the case. Compensation is paid out by NHS Resolution, an arm’s-length body of the Department of Health and Social Care. It has its own budget, ensuring payouts have no bearing on, say, a hospital’s finances or funding for healthcare services in general.
Could I Make A Claim For A Misdiagnosed Loved One?
Yes, you could make cancer diagnosis claims on behalf of a loved one by assuming the role of a litigation friend. In essence, litigation friends are often parents, close relatives or even solicitors who prioritise a claimant’s best interests throughout the process. You can apply to be a litigation friend in the following scenarios:
- If the claimant is a child under the age of 18
- If the claimant lacks mental capacity
Moreover, litigation friends are responsible for the following:
- Managing proceedings on behalf of a loved one
- Giving instructions to a solicitor that best represents the claimant’s best interests
- In most cases, taking responsibility for managing the costs and compensation settlement
- Keeping the claimant informed (as much as possible) throughout the process
To learn more about making a claim on behalf of a loved one, please get in touch with our team today.
Am I Able To Make A Fatal Cancer Misdiagnosis Claim?
Yes, you may be able to make a fatal cancer misdiagnosis claim, provided that the case meets the eligiblity criteria for pursuing compensation. However, it’s important to first point out that only the estate of your loved one can make a claim in the first 6 months of their passing. That is set out by the Law Reform (Miscellaneous Provisions) Act 1934.
Under this act, the estate can claim for the pain, suffering, and financial loss experienced by the deceased up to their death. They can also make a claim on behalf of qualifying relatives. If the estate doesn’t claim on their behalf during the aforementioned 6-month window, then qualifying dependants can claim for the impact of the deceased’s death under the Fatal Accidents Act 1976.
Under this legislation, dependants can include:
- Children or other descendants of the deceased, including stepchildren
- Parents or other ascendants of the deceased
- The spouse or former spouse
- The current or former civil partner of the deceased
- A person who cohabited with the deceased as a spouse or civil partner for at least 2 years prior to the deceased’s passing.
To learn more about claiming compensation after the death of a loved one, please get in touch with one of our friendly advisors today.
What Compensation Could I Get For A Misdiagnosis Of Cancer?
The compensation you may get for a misdiagnosis of cancer can consist of 2 types of damages:
- General damages: Aims to compensate you for the pain and suffering that you experienced as a result of the harm. Can also extend to how the harm affects your quality of life.
- Special damages: Reimburse you for any financial losses resulting from the harm you suffered.
The Judicial College Guidelines (JCG) are commonly used by lawyers and other professionals when assigning a value to general damages. It’s useful in this respect because the document publishes suggested compensation brackets for many forms of harm.
All brackets in the table below, aside from the first entry, have been taken from the JCG for common types of harm associated with cancer misdiagnosis. Please take note that the brackets are merely guidelines and do not guarantee how much compensation you might receive in a successful claim.
| Harm | Notes | Compensation Guidelines |
|---|---|---|
| Multiple instances of severe harm with financial losses | More than one severe type of harm with special damages such as loss of earnings | Up to £500,000+ |
| Kidney (a) | Serious and permanent damage to or loss of both kidneys. | £206,730 to £256,780 |
| Kidney (b) | A kidney will be lost without the other sustaining damage. | £37,550 to £54,760 |
| Bowels (a) | Cases involving double incontinence, in essence the complete loss of natural bowel and bladder function. There will also be other complications. | Up to £224,790 |
| Bowels (b) | Complete loss of natural function and reliance on colostomy, depending on age. | Up to £183,190 |
| Male reproductive system (b) | Claimant will be young and experience complete impotence, a loss of sexual function, and sterility. Some factors considered will include whether they have children and what hormonal effects there are. | £140,220 to £181,020 |
| Female reproductive system (c) | Infertility without aggravating features or sexual dysfunction in a young person who doesn't have children. | £68,440 to £87,070 |
| Bladder (b) | Complete loss of bladder function and control. | Up to £171,680 |
| Bladder (c) | Serious impairment of bladder control, coupled with some degree of pain and incontinence. | £78,080 to £97,540 |
To get more personalised guidance on medical negligence compensation, please contact our helpful team today.
How A Compensation Payout Could Help After A Cancer Misdiagnosis
A compensation payout can help provide much-needed financial relief after a cancer misdiagnosis and play a meaningful role in your recovery. For example, you may have been required to pay out-of-pocket for long-term therapy sessions if you also suffered psychological harm.
As touched on, special damages aim to help you recover any financial loss you incurred because of the harm you experienced. These damages can include the following:
- Loss of earnings: This may include losses of bonuses, overtime pay, and workplace benefits, such as pension contributions.
- Medical care: Encompassing private medical appointments, medication, and physiotherapy.
- Care: Can cover any assistance from professionals or loved ones, in addition to any extra childcare that you might need.
- Travel to medical appointments: May range from petrol and parking fees to bus fares and train tickets.
- Home modifications: In some cases, adaptations may be needed if a house isn’t sufficiently accessible. For instance, if you experience mobility issues as a result of the harm you suffered, you may need to install a wet room or ramps.
No matter what cost you claim for under special damages, it’s essential that the loss is supported with evidence, such as invoices, receipts, and bank statements.
Interim Payments
An interim payment is essentially an advance on compensation that is paid out before a claim settles. It aims to help with urgent costs that may arise during the claims process. For example, you may be struggling to pay your mortgage or need emergency private treatment while making a skin cancer misdiagnosis claim.
Interim payments are possible in cases where:
- The defendant has admitted liability
- There is a likelihood that a claim will win
If your solicitor believes you have a case, they can help you navigate the application process and make sure it clearly shows why you need an interim payment. You can find out more about how one of our solicitors can help you by contacting our advisory team today.
The Types Of Cancer Covered In Cancer Misdiagnosis Claims
There are many different forms of cancer that can be covered in cancer misdiagnosis claims. You can see a selection of these below:
- Breast cancer: This type of cancer is often misdiagnosed as swollen lymph nodes, hormonal changes, or benign cysts.
- Lung cancer: The signs of lung cancer can be mistaken for those of bronchitis or other respiratory problems, such as asthma and lung infections.
- Pancreatic cancer: Can be misdiagnosed as irritable bowel syndrome, gallstones, and pancreatitis.
- Skin cancer: A GP can dismiss the signs of skin cancer as a rash, sunburn, or dermatitis instead of melanoma.
Please note that the above list is not exclusive. To discuss your own experience of a cancer misdiagnosis, please contact one of our friendly advisors at a time that’s convenient for you.
How Could Negligence Result In A Cancer Misdiagnosis?
There are many situations where negligence may result in a cancer misdiagnosis. Below, you can see some examples of scenarios that may give rise to valid cancer misdiagnosis claims:
- A GP fail to take a patient’s symptoms seriously and doesn’t order appropriate testing despite them presenting with the indicators of lung care. Instead, the GP wrongly concludes that they have a chesty cough, resulting in the cancer not being diagnosed until it is at a more advanced stage.
- A consultant misinterprets the results of an MRI scan, diagnosing a patient with a benign cyst rather than stomach cancer. That delay in the correct diagnosis allows the disease to worsen and spread to other parts of the patient’s body.
- A doctor sees a patient with a fever and a noticeable lump in their neck. However, they don’t perform a thorough examination of the patient to check for swelling elsewhere on their body, or for other warning signs. They also don’t refer them for a biopsy, meaning the chance of diagnosing non-Hodgkin’s lymphoma at an early stage is missed. Besides a worsened outcome, the patient develops post-traumatic stress disorder due to their experience.
If Some Cancers Are Harder To Detect, Will That Impact My Ability To Claim?
While some cancers can be harder to detect, it won’t impact your ability to claim if you can prove that you suffered unnecessary harm because of substandard medical care. That means you may still have a case to claim compensation, even if you suffered from a type of cancer that can be more difficult to diagnose, such as:
- Pancreatic cancer
- Kidney cancer
- Sarcoma tumours
- Brain cancer
- Liver cancer
- Bowel cancer
As previously mentioned, healthcare professionals have a duty to provide their patients with the correct standard of care, regardless of the type of cancer that someone has. We understand that every cancer misdiagnosis is unique, so please reach out today if you’d like to share your own experience with one of our helpful advisors.
How Can I Start A Claim For Misdiagnosed Cancer?
To start a claim for misdiagnosed cancer, you will need to have sufficient evidence showing how you have a valid case. In essence, you must be able to demonstrate that a healthcare professional acted negligently, resulting in the avoidable harm you experienced. For instance, you could provide evidence in the following forms:
- Your medical records that detail any diagnoses, the harm you suffered, and the treatments you’ve received
- Contact details of potential witnesses who could support your version of events at a later date by providing a solicitor with a statement
- Photographs or videos documenting any visible signs of harm
- Correspondence between yourself and the medical institution where you received the negligent treatment
- Copies of scans, X-rays, and test results
- A symptoms diary that details the level of harm you suffered and provides insight into any day-to-day impact
If you’re connected with one of our expert solicitors, they could help you with any evidence-gathering. You can discuss this service and the process of proving cancer misdiagnosis claims by reaching out to our team today.
Why Should I Get Help From Accident Claims
You should seek help from Accident Claims because our team provides a client-focused service that prioritises your needs from start to finish. Our experienced advisors will first sensitively assess the strength of your claim and guide you as you take your first steps towards making a claim.
If you’re connected with one of our No Win No Fee solicitors, you could enjoy the following benefits:
- Regular case updates so you always know where your claim stands
- Help with organising an independent medical assessment to support your claim
- Explanations of key legal terminologies and assistance with signing documents
- Access to specialist support, such as physiotherapy and mental health services
- Professional representation in all communications
- Expert negotiation to secure a settlement that fairly reflects your suffering
Our advisors and solicitors understand the profound impact of a cancer misdiagnosis and work diligently to provide the best possible service. If you’re ready to get started with the cancer misdiagnosis claims process, please contact one of our friendly advisors.
Claiming For Misdiagnosed Cancer Compensation On A No Win No Fee Basis
Following a free case check with our advisors, you could be connected with one of our specialist No Win No Fee solicitors. By operating under a Conditional Fee Agreement (CFA), you could enjoy:
- No solicitor service fees at the beginning of your claim or as it progresses
- No solicitor fees in the event that your claim is unsuccessful
If your claim is successful, you will only be required to pay a small success fee for your solicitor’s work. This success fee is deducted from your compensation, but it is kept small as the percentage that can be taken is legally capped. Therefore, you will always receive the bulk of the compensation.
Contact Our Advisors
To learn more about cancer misdiagnosis claims, please contact one of our helpful advisors today. Get in touch by:
- Calling us on 0800 073 8801
- Using our free live chat feature
- Contact us by filling out our online form
What Further Support Is Available If I Have Cancer?
To gain further support following a cancer misdiagnosis, please see some links to the following charities that could help you:
- Learn about the support offered by Lymphoma Out Loud
- Get help from Cancer Research
- Read about grants for people affected by terminal illness from Marie Curie
- Find breast cancer support from Breast Cancer Now
- See what services are available from the Roy Castle Lung Cancer Foundation
For further guidance on the support available to you, get in touch using the contact details listed in this guide.
More Information
To learn more about medical negligence claims, please see some of our other guides:
- Learn about pressure sore claims
- See the following advice on MRSA negligence claims
- Get help with stroke misdiagnosis claims
Additional external resources:
- Learn about chemotherapy treatment from the NHS
- See the following advice on managing sick leave and return to work from HSE
- Get help with applying for Statutory Sick Pay (SSP) from Gov.Uk
Thank you for reading our helpful guide about cancer misdiagnosis claims.
