In this article, we will discuss the eligibility requirements that must be met to make a medical negligence claim for testicular cancer misdiagnosis. We will provide a definition of the term medical negligence and explain the time limits applicable to these claims. Furthermore, we will explore the two potential heads of a medical negligence claim and how these could be valued.
Also, this article provides information on using the services of a No Win No Fee medical negligence solicitor when pursuing compensation. Entering into a No Win No Fee agreement generally means you won’t pay for a solicitor’s services in the event your claim is unsuccessful.
Testicular Cancer Misdiagnosis Compensation Claims Specialists
To learn more about claiming compensation following a medical misdiagnosis, keep reading. You can also contact our team of advisers if you’d like to ask any questions regarding your potential clinical negligence claim. Our advisers are available 24/7 to provide a consultation that is both free and confidential.
To get in touch:
- Contact us by filling out our online form
- Call us on 0800 073 8801
- Speak to an adviser using our live support feature
Select A Section
- Could You Claim For A Testicular Cancer Misdiagnosis?
- Why Is Testicular Cancer Misdiagnosed?
- Do I Have Grounds For A Medical Negligence Claim?
- Estimating Testicular Cancer Misdiagnosis Payouts
- Why Select Our Medical Negligence Claim Specialists?
- Learn More About Testicular Cancer Misdiagnosis
Could You Claim For A Testicular Cancer Misdiagnosis?
All medical professionals owe a duty of care to their patients. This means that they must provide the correct standard of care. Should they breach this duty and provide a standard of care that is below the correct standard, you could suffer avoidable harm, which could be physical or psychological. This is the definition of medical negligence, for which you could be eligible to pursue compensation.
However, it is important to note that not all cases of testicular cancer misdiagnosis will lead to a medical negligence claim. For example, if a doctor did provide you with the correct standard of care, but you failed to explain all of your symptoms, which lead to a misdiagnosis that caused you harm, you would be unable to claim. This is because there must have been a breach of duty of care on the part of a medical professional.
Medical Negligence Case Time Limit
There is normally a three-year time limit attached to testicular cancer misdiagnosis claims. Under the Limitation Act 1980, if you’re eligible to claim, you would usually have three years from the date you became aware of the negligence you’ve suffered and that it had caused you harm. This is known as the date of knowledge.
However, there are some exceptions to the time limit for such claims. For example, if a young person under the age of 18 received a testicular cancer misdiagnosis, they would not be able to claim until they reached 18. Effectively, the 3-year time limit would pause until this date. During the pause, however, an appropriate adult could apply to be a litigation friend to claim on the young person’s behalf.
Another exception to the time limit for such claims could involve someone who lacks mental capacity. In such cases, the limitation period would freeze indefinitely. During the time it is frozen, a litigation friend could be appointed to make a claim on the person’s behalf.
To learn more about how long you’d have to launch your own claim or a claim for someone else, please contact an advisor.
Why Is Testicular Cancer Misdiagnosed?
Various causes could lead to the misdiagnosis of testicular cancer. For example:
- A hospital mixes up your test results with those of another patient, thus resulting in you receiving the incorrect diagnosis. This leads to unnecessary surgery.
- You explain all of your symptoms to a doctor. Your symptoms make further testing necessary to reach a diagnosis. However, the doctor fails to send you for further tests and misdiagnoses you.
According to the NHS, around 2,300 men in the UK are diagnosed with testicular cancer each year. It is important that cancer is diagnosed as early as possible, as it is a condition that can sometimes begin in one part of the body and spread to other areas. Cancer Research UK explains that there are different stages of testicular cancer. Over time this type of cancer could spread to different organs in the body, such as the brain and lungs.
A cancer misdiagnosis could lead to delays in treatment. This could cause harm, such as a worsened prognosis.
If you have received a testicular cancer misdiagnosis due to a medical professional breaching their duty of care, which resulted in you suffering from avoidable harm, please speak to a member of our team to enquire about the steps you could take.
Do I Have Grounds For A Medical Negligence Claim?
To make a medical negligence claim for testicular cancer misdiagnosis, it is important that you can prove liability. Below we will provide examples of the evidence you could obtain to strengthen your claim:
- A copy of your medical records
- Prescriptions
- Copies of test results
- Witness contact details
It is also recommended that you seek legal advice regarding your case to find out if you could have valid grounds to bring forward a claim. Our team of advisers are available 24/7 to answer your enquiries at a time that best suits you.
Estimating Testicular Cancer Misdiagnosis Payouts
A medical negligence compensation award for a successful claim can consist of up to two heads. The first is called general damages, which compensates you for the medical negligence. This considers how the avoidable harm has impacted your quality of life.
Legal professionals, such as medical negligence solicitors, can use the Judicial College Guidelines (JCG) to help them value the general damages head of a medical misdiagnosis claim. Therefore, we have used the JCG to create the following table containing guideline compensation brackets for various types of harm.
Compensation Guidelines
| Type of Harm | Guideline Compensation Brackets | Details |
|---|---|---|
| (b) Moderately Severe Brain Damage | £219,070 to £282,010 | Very serious disability with a substantial dependence upon others and a requirement for constant care. |
| (a) Male Reproductive System | In excess of £153,870 | The total loss of the male reproductive organs. |
| (b) Male Reproductive System | £114,900 to £148,320 | A young person that experiences total impotence, loss of sexual function and sterility. |
| (c) Male Reproductive System | £43,010 to £88,750 | Significant sexual dysfunction or impotence which is likely to last permanently, in the case of a person who would not have had children or already has children. |
| (d) Male Reproductive System | £56,080 to £71,350 | An uncomplicated instance of sterility without any aggravating features or impotence in a young person with no children. |
| (e) Male Reproductive System | £17,960 to £36,740 | Cases within this bracket will be similar to those in the bracket above, however, the person will have children and may have intended to have more. |
| (f) Male Reproductive System | £20,070 to £22,580 | Orchidectomy that leads to some psychological consequences but no impotence or loss of sexual function. |
| (g) Male Reproductive System | £6,610 to £18,680 | Cases of sterility in an older person who wouldn’t have had, or would’ve been unlikely to have, children, or impotence where medication successfully allows sexual function. |
| (a) Lung Disease | £100,670 to £135,920 | Cases of a young person with serious disability, where there is the probability that their condition could progressively worsen and lead to premature death. |
| (b) Lung Disease | £70,030 to £97,330 | Typically an older person with lung cancer which causes impairment of both function and quality of life, as well as severe pain. |
These figures are intended only as guidance. Compensation awards vary depending on the unique details of a claim.
What Other Damages Could I Receive?
For a successful testicular cancer misdiagnosis claim, you could also receive special damages, which accounts for the financial losses you have suffered due to medical negligence. This could include:
- Home adaptations to improve mobility and independence
- Loss of earnings, past or future
- Travel expenses
You will need to obtain evidence of these financial losses to strengthen your claim. For example, you could keep travel tickets, acquire payslips and keep a record of invoices.
Please speak to one of our advisers to learn more about the medical negligence compensation you could be eligible to receive.
Why Select Our Medical Negligence Claim Specialists?
Although using the services of a legal professional isn’t a requirement to make a compensation claim, it could prove beneficial for both you and your claim, as a solicitor can help you to present a complete case. Speak to our team of advisers for a free consultation. Should they find you may be eligible to make a testicular cancer misdiagnosis medical negligence claim, they could place you in contact with one of our No Win No Fee solicitors.
Our solicitors could offer you to enter into a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This means that you generally would not be charged fees for the services of your solicitor upfront, whilst your claim is ongoing or in the event your claim is unsuccessful.
However, a No Win No Fee solicitor can take a success fee if your claim is successful. This is a small percentage taken from the compensation. This fee is subject to a legal cap. Therefore, you do not have to worry that a solicitor will overcharge you.
If you still have any questions about pursuing a medical negligence claim following a testicular cancer misdiagnosis, our advisers may be able to help.
To get in touch:
- Contact us by filling out our online form
- Call us on 0800 073 8801
- Speak to an adviser using our live support feature
Learn More About Testicular Cancer Misdiagnosis Claims
More of our guides to medical negligence claims:
Can I Claim For GP Medical Negligence?
A Guide To Claiming Compensation For Misdiagnosis Of Cancer
Operation Negligence And Never Event Claims Guide
External resources you may find useful:
Testicular Cancer Symptoms – Information from Cancer Research UK about the symptoms of testicular cancer
NHS Constitution For England – Government resource containing the rights of staff, members of the public, and patients
Support For Testicular Cancer – Information from Macmillan Cancer Support regarding testicular cancer
Thank you for reading this article on making a medical negligence claim following a testicular cancer misdiagnosis. If you still have questions, contact our advisers using the details provided in the guide.