In this guide, we discuss when you might be able to claim medical negligence compensation following an ovarian cancer misdiagnosis and the time limits you must abide by.
Could You Claim For Ovarian Cancer Misdiagnosis?
We also explore the duty of care medical professionals owe their patients as well as how a misdiagnosis could occur leading to avoidable or unnecessary harm.
Then, this guide looks at evidence’s role in a medical negligence claim and provides examples of what you could use to support your case. Following on from this, we outline how compensation is valued and what could make up a successful settlement.
Lastly, we discuss the helpful services our panel of solicitors provides and how they could assist you under a No Win No Fee contract, should you have a valid case.
To find out if you can work with a solicitor from our panel, arrange a call with our advisors or speak with them online today. They can also answer any other questions you might have about making a clinical or medical negligence claim. You can reach them by:
- Calling us on 0800 073 8801
- Completing our ‘Contact Us‘ form to begin your enquiry online
- Speaking with us directly using the live chat function on our website
Select A Section
- Could You Claim For Ovarian Cancer Misdiagnosis?
- Why May Ovarian Cancer Be Misdiagnosed?
- Proving Causation In Medical Misdiagnosis Claims
- Examples Of Settlements For Ovarian Cancer Misdiagnosis
- Why Choose Us For Your No Win No Fee Ovarian Cancer Misdiagnosis Claim?
- Further Cancer Negligence Compensation Claim Resources
Could You Claim For Ovarian Cancer Misdiagnosis?
Cases involving an ovarian cancer misdiagnosis can only proceed if they meet the medical negligence eligibility criteria. In order to make a medical negligence claim, you must satisfy the following three points:
- A medical professional owed you a duty of care.
- They breached this duty of care.
- As a result of the breach, you suffered unnecessary or avoidable harm.
The duty of care owed by a medical professional is to provide the correct standard of care. If they fail to do so, you might be able to claim for any avoidable harm you suffer as a result.
Ovarian Cancer Misdiagnosis Claim Time Limits
Besides satisfying the eligibility criteria, you must adhere to the time limits to claim compensation due to an ovarian cancer misdiagnosis. For medical negligence claims, you generally have three years from when the medical negligence occurred or the date you realised it had occurred. This is set out by the Limitation Act 1980. However, the time limits can differ in certain scenarios.
Contact our advisors if you want to learn more about the exceptions to the general time limit. They can help you understand your eligibility to claim medical negligence compensation and how long you have to do so.
Why May Ovarian Cancer Be Misdiagnosed?
There are several ways an ovarian cancer misdiagnosis could occur. For example:
- Following a doctor obtaining your test results, they may fail to diagnose your symptoms correctly. Because of this, your ovarian cancer could worsen and spread to other body parts, such as the lungs and spleen.
- GP negligence could occur when, despite showing the signs of ovarian cancer, they decide not to refer you for further testing, instead diagnosing you with the wrong condition. This could lead to a delay in treatment for the correct illness as well as complications due to receiving the wrong treatment.
- Due to a medical professional mixing up your files with another patient’s, you may be incorrectly diagnosed and treated for a condition you don’t have. This could lead to you being given the wrong treatment, including the wrong medication leading to adverse side effects.
It’s important to keep in mind that not all instances of misdiagnosis will have resulted from a medical professional breaching their duty of care. If a medical professional provided the correct standard of care and you were still misdiagnosed, it may not be possible to make a medical negligence claim.
Contact our advisors today to learn if your case enables you to claim medical negligence compensation.
Proving Causation In Medical Misdiagnosis Claims
Evidence can play an important role in proving that medical negligence led to your ovarian cancer misdiagnosis and showing how you were affected. Below, we highlight some evidence you may want to consider gathering.
- A copy of your medical records to show your diagnosis and the treatments you received.
- Witness contact details, such as the details of anyone who attended consultations with you.
- Diary entries of your symptoms and treatments.
The Bolam test may also be carried out. This involves a panel of relevantly trained medical professionals assessing your case to determine whether the correct care was provided. If the findings of this assessment support your case, you could provide them as evidence. You will not be expected to arrange the Bolam test yourself and whether it’s carried out will be decided on a case-by-case basis.
If eligible, a solicitor from our panel could help gather evidence to assist your ovarian cancer misdiagnosis claim as part of their service. So, to discuss the validity of your case, contact our advisors now.
Examples Of Settlements For Ovarian Cancer Misdiagnosis
A settlement will be awarded if you succeed with your medical negligence claim. Up to two heads of claim could make up this settlement, one of which is general damages. This seeks to award compensation to address the physical pain and mental suffering you’ve experienced due to the medical negligence.
Legal professionals could use medical evidence to help assign a value to general damages in medical negligence claims. They could also utilise the Judicial College Guidelines (JCG) document which provides guideline award brackets for different types of harm.
You can find a selection of these figures in the table below. However, please use these as a guide only because settlements vary. Therefore, we cannot guarantee the level of compensation you could receive when claiming medical negligence compensation due to an ovarian cancer misdiagnosis.
Compensation Table
| Harm | Compensation | Notes |
|---|---|---|
| Reproductive System: Female | £114,900 to £170,280 | Infertility such as from injury or disease. There will be sexual dysfunction, a severe psychological impact as well as pain and scarring. |
| £43,010 to £102,100 | Cases of sexual dysfunction of a permanent nature affecting a person with children or a person who wouldn’t have had children in any event. There may also be significant medical complications, such as multiple surgeries. | |
| £56,080 to £71,350 | Infertility without any aggravating features or sexual dysfunction in a young person with no children. | |
| £17,960 to £36,740 | Infertility affecting a person who already has children. There are no medical complications or sexual dysfunction. | |
| £6,610 to £18,680 | Cases of infertility affecting a person who would not have had children in any event. | |
| Lung | £70,030 to £97,330 | Lung cancer, causing severe pain and impairment of function as well as quality of life. |
| Spleen | £20,800 to £26,290 | Loss of spleen, with continuing internal infection risk as well as a risk of other disorders due to a damaged immune system. |
Compensation For Losses And Expenses
Special damages are the second head of claim that could be awarded as part of your settlement if you also receive general damages. Special damages aim to compensate you for the financial losses you’ve experienced because of medical negligence.
If relevant evidence can be provided, you could seek compensation for:
- The earnings you’ve missed out on due to being unable to work
- Medical expenses you’ve paid out to recover
- Travel expenses, like train rides and bus fares, you’ve required due to being unable to drive
To learn more about how medical negligence compensation is calculated, please contact an advisor on the number above.
Why Choose Us For Your No Win No Fee Ovarian Cancer Misdiagnosis Claim?
Our panel of No Win No Fee solicitors have experience supporting claimants through the legal process when carrying out a claim for medical negligence compensation. If your ovarian cancer misdiagnosis case is eligible and you want to instruct a solicitor off our panel, you may be offered a Conditional Fee Agreement (CFA).
A CFA is a kind of No Win No Fee agreement where you don’t pay any fees upfront for the solicitor’s services or for the continued work on your claim. No fees for the solicitor’s work will be payable if your case loses either.
A successful case would mean your solicitor would receive a success fee from the compensation you’re awarded. But this is only a small percentage of your compensation and is legally capped.
Get In Touch With Our Team
Whether you prefer to talk online or arrange a call at a suitable time with one of our advisors, the choice is yours. The advisors would take your details and evaluate your case to determine its validity. Assuming it’s deemed eligible, you could be passed over to a solicitor from our panel.
To begin your potential claim for an ovarian cancer misdiagnosis today, get in touch by:
- Calling us on 0800 073 8801
- Completing our ‘Contact Us‘ form to start your enquiry online
- Speaking with us directly using the live chat function on our website
Further Cancer Negligence Compensation Claim Resources
Below, we have provided some links to more of our helpful guides:
- A guide on making a pancreatic cancer misdiagnosis claim, including when you could be eligible to seek compensation.
- Find out whether you could be eligible to make a medical negligence claim for throat cancer if it has been undiagnosed.
- Read our guide on the process of making a claim for a testicular cancer misdiagnosis and the compensation you could be awarded.
You can also check out some useful external resources here:
- Information about the NHS Constitution For England from GOV.UK.
- A guide about ovarian cancer from the NHS.
- Guidance on raising a concern about your doctor from the General Medical Council.
Thank you for reading our guide on making a medical negligence claim due to an ovarian cancer misdiagnosis. If you require any further guidance, please contact an advisor on the number above.
Guide by WG
Edited by MMI