Welcome to our guide discussing the topic of the average payout for cancer misdiagnosis. We discuss what compensation can address if you make a successful claim against a medical professional or healthcare provider. Additionally, we explain the criteria that must be met for a medical negligence claim to be eligible.
In order to receive a payout, you will need to prove that clinical or medical negligence occurred and show the extent of avoidable harm you suffered. We provide insight into the forms of evidence that could support your case.
Lastly, we cover how our No Win No Fee solicitors can represent you in your cancer misdiagnosis compensation claim with no upfront payment needed.
You can get in touch with us today for free cancer misdiagnosis claim guidance and to learn if you have a viable case. Our advisors are on hand to give 24/7 support, so choose any of the below routes to reach us:
- Call 0800 073 8801.
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Select A Section
- What Is The Average Payout For Cancer Misdiagnosis?
- Eligibility To Claim For Misdiagnosed Cancers
- Evidence Which Could Help Your Claim A Payout For Cancer Misdiagnosis
- How To Get Help From A No Win No Fee Medical Negligence Solicitor
- Further Guidance On The Average Payout For Cancer Misdiagnosis
What Is The Average Payout For Cancer Misdiagnosis?
We’re often asked what the average payout for cancer misdiagnosis is, or how much compensation could be awarded in a clinical negligence claim.
The reality is that cancer misdiagnosis compensation amounts vary because each case is different. A payout depends on factors like the extent of suffering or for how long the claimant’s quality of life is likely to be affected.
Medical negligence compensation can consist of up to two heads of loss. One head, general damages, compensates for unnecessary harm brought on by a medical professional breaching their duty of care. This can be physical harm, psychological injury, or both.
The people tasked with calculating a cancer misdiagnosis payout could use medical evidence to consider the extent of the claimant’s suffering as well as the set of guideline compensation figures found in the Judicial College Guidelines (JCG.)
Guideline Table
This table is made up of JCG figures. Please note that the top line is not from the JCG. It should be noted that the table is a guide and may not reflect a cancer misdiagnosis settlement.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Very Serious Injuries Or Illnesses, Plus Expenses or Losses | Very Severe | Up to £500,000+ | Compensation accounting for pain and suffering caused by more than one very severe illness or injury. It also covers financial losses such as medical costs or missed work earnings. |
| Brain | Very Severe | £282,010 to £403,990 | The payout awarded is impacted by factors including, but not limited to, the patient's life expectancy and their ability to communicate with or without technological aid. |
| Moderately Severe | £219,070 to £282,010 | Constant care is required and the injured person is severely disabled. Other factors, like their degree of insight, are considered. | |
| Kidney | Loss of Both Kidneys | £169,400 to £210,400 | Both kidneys are lost, or at least seriously and permanently harmed. |
| Bowels | Double Incontinence | Up to £184,200 | Double incontinence refers to lost bowel function, plus the total absence of urinary function and control. There will be further medical complications as well. |
| Total Loss of Natural Function | Up to £150,110 | Natural function is completely removed. There could be a dependence on colostomy in some cases. | |
| Lung Disease | For A Young Person With Serious Disability | £100,670 to £135,920 | The young person faces a probability of the disease worsening and causing premature death. |
| Lung Cancer, Typically In An Older Person | £70,030 to £97,330 | Severe pain is caused by the lung cancer. This impairs the affected person's quality of life and their lung function. | |
| Scarring to Other Parts of the Body | Single Disfiguring Scar | £7,830 to £22,730 | One disfiguring scar, or numerous noticeable laceration scars, on the leg(s), hand(s), arm(s), back or chest. |
Special Damages
Many people pursuing cancer misdiagnosis claims are hit by out-of-pocket expenses. A potential second head of loss called special damages exists to address financial effects directly caused by negligent medical treatment.
If you’re able to seek compensation under this head, you could be reimbursed for, among other things:
- Medical bills.
- Prescription fees.
- Travel expenses.
- Potential work earnings you missed out on due to the avoidable harm you suffered.
Knowing the average cancer misdiagnosis payout would not help you work out how much you could be awarded in a successful claim. This is because each and every case is different. No two are the same. Our advisors can give you a much more centred estimate if you give them a call today.
You can learn more about cancer negligence claim payouts or whether you can start a compensation claim for misdiagnosis of cancer by calling our helpful advisors today.
Eligibility To Claim For Misdiagnosed Cancers
All medical professionals and providers of healthcare owe a duty of care to patients. When tasked with identifying and treating your illness, they must ensure their care meets the right standard at all times.
A missed or incorrect cancer diagnosis is not automatically negligent. Someone looking to claim compensation for medical negligence would need to show that:
- A medical professional or healthcare provider owed them a duty of care.
- They failed to meet the correct standard of care, breaching their duty as a result.
- Because of this breach, the patient suffered avoidable harm.
Example Scenarios Of Cancer Being Misdiagnosed
- A patient visits their GP with what could be described as clear symptoms of testicular cancer. However, due to the patient’s age, the GP dismisses the symptoms as an infection and fails to refer him for further testing. The patient is sent away with a course of antibiotics. This meant that the patient’s condition was allowed to worsen, leading to them needing more invasive testicular cancer treatment.
- A patient is referred to a hospital for further testing as lung cancer is suspected. The patient has a CT scan, however, the doctor misreads the scan and misses the mass growth. This leads to a lung cancer misdiagnosis. The delay in diagnosis allowed the cancer to spread.
If you’ve had a similar experience, please call today to see if you have grounds to make a misdiagnosis of cancer claim.
Cancer Misdiagnosis Claim Time Limits
As well as meeting the eligibility criteria we just outlined, it is important to start a cancer misdiagnosis compensation claim within the legal time limit. Typically, you have three years to start a claim because of the limit set out by The Limitation Act 1980.
In a medical negligence claim, you may find that this three-year window starts from when the negligent treatment occured. In some cases, the three-year time limit may begin from the date of knowledge. This is when you would have first been expected to know that you had suffered medical negligence.
As well as asking about the average payout for cancer misdiagnosis, you can call us to discuss how long you have to get a potential misdiagnosis compensation claim underway.
Evidence Which Could Help Your Claim A Payout For A Cancer Misdiagnosis
Your cancer misdiagnosis compensation claim will require as much supporting evidence as possible because you need to prove that negligence occurred. Evidence will also be required to show the extent to which you were affected by a misdiagnosis of cancer caused by a breached duty of care.
Forms of evidence you can collect include:
- A record of your treatment, which can include your symptoms, when the medical misdiagnosis occurred, and the names of any medical professionals or facilities that gave you care.
- Copies of your medical records and test results. You can ask for access to your health record from your healthcare provider.
- Witness contact information.
- Proof of financial loss caused by negligent care. This is relevant if you’re seeking compensation under the special damages head of claim.
During the claim, you may also need to attend an independent medical assessment. The results of this testing will be added to the evidence. It might also be the case that a panel of relevantly-trained professionals assess whether your care met the correct standard, in what is known as the Bolam Test, but this is not always needed.
One of the many things our cancer misdiagnosis solicitors can do to help clients is to support them in gathering and putting together evidence. Please call any time if you want to know more about how a solicitor can help throughout the medical negligence claims process.
How To Get Help From A No Win No Fee Medical Negligence Solicitor
Our expert medical negligence solicitors use their knowledge and experience to help claimants achieve a payout for cancer misdiagnosis. If they take on a case, a solicitor will offer a Conditional Fee Agreement. This allows the claimant to make a No Win No Fee cancer misdiagnosis claim, with no upfront or running costs for the solicitor’s work.
As the name suggests, there is no solicitor fee if the case does not win. However, a successful medical negligence claim will allow the solicitor to collect a success fee. This is a small percentage of the compensation awarded to their client. Because of a legal cap set in place by The Conditional Fee Agreements Order 2013, claimants can rest assured that they will always receive the clear majority of their compensation sum.
Contact Us
Our advisors are ready to assist you today. Whether you want to get further information on the cancer misdiagnosis claims process, ask about cancer misdiagnosis payouts or learn if you have a valid medical negligence claim, our helpful guidance service is available around the clock.
It is completely free of charge, and even if we’re able to connect you to one of our solicitors, you always have the final say on whether you want to start a claim.
All you need to do to reach us is choose one of these quick and easy options:
- Call 0800 073 8801 to have your delayed diagnosis claim assessed for free.
- Use our ‘Contact Us’ page to make a query.
- Click on the live chat pop-up box below and send us a message.
Further Guidance On The Average Payout For Cancer Misdiagnosis
Here are some additional articles for even more guidance on medical negligence claims:
- Our head and neck cancer misdiagnosis claim guide explains when you can seek compensation.
- We explain when you can claim for cancer being misdiagnosed as adenomyosis and causing you avoidable harm.
- This cancer misdiagnosis claims guide looks at cervical cancer diagnosis errors.
These resources may also have information you’re looking for:
- Guidance on coping with cancer from Cancer Research UK.
- NHS tips on getting back to normal after surgery and where to get help.
- The General Medical Council, an independent regulator for doctors in the UK, explains what good medical practice should look like.
Thank you for reading our guide on the topic of the average payout for cancer misdiagnosis. Call our advisors for a free case assessment and to see if you could be connected to cancer misdiagnosis lawyers. To learn more or look into your options, please call today.