This guide will explore when you could be eligible to make a head and neck cancer misdiagnosis claim.
Head and neck cancer refers to a group of cancers that can develop in the head and neck area of the body.
There are various places where each different type of cancer can spread to if it is not correctly diagnosed or treated. We will discuss the duty of care a medical professional owes their patients to ensure they receive the correct standard of care and how a breach of this duty could result in a misdiagnosis.
Additionally, we will also discuss the process of making a claim for the misdiagnosis of cancer, including the eligibility criteria your case must meet, the time limits for starting a claim and the evidence you could gather to support your case. We will also look at the benefits of working with a No Win No Fee solicitor to help you through the different stages of the claims process.
Furthermore, we will discuss the compensation you could be awarded following a successful claim and how settlements are often calculated.
Whilst we have aimed to cover the information you need in this guide, we understand you might have other questions after reading. If so, you can get in touch with an advisor from our team for free legal advice. They can also answer any questions you might have regarding your potential claim.
To get in touch, you can:
Select A Section
- When Could You Claim For A Head And Neck Cancer Misdiagnosis?
- Neck And Head Cancer Types
- Why Are Head And Neck Cancers Misdiagnosed?
- Estimated Payouts For A Head And Neck Cancer Misdiagnosis
- Why Choose Our No Win No Fee Solicitors To Make A Cancer Misdiagnosis Claim?
- Find Out More About Claiming For A Cancer Misdiagnosis
All medical professionals have a duty of care to their patients. As such, they must provide their patients with the correct level of care. A failure to do so could lead to a patient experiencing unnecessary or avoidable harm. This constitutes medical negligence, for which you could be eligible to claim.
If medical negligence has resulted in you experiencing a head and neck cancer misdiagnosis, you could be impacted in several ways. In some cases, a misdiagnosis could mean there are delays in treatment which could lead to the disease spreading to other parts of the body.
For example, one particular type of head and neck cancer known as nasal and paranasal sinus cancer could spread to the lungs, bones, brain and liver. If cancer spreads to other parts of the body, this can mean you require more invasive treatment.
If you you can demonstrate that medical negligence occurred, you may be able to seek compensation for the ways in which you were affected.
Time Limits For Cancer Misdiagnosis Claims
Under the Limitation Act 1980, there is normally a three-year time limit to begin a medical negligence claim. This usually starts from the date that medical negligence occurred or the date you became aware of medical professional breaching their duty of care and causing you avoidable harm as a result.
However, there are sometimes exceptions to this rule. This includes for those under the age of 18 and those who lack the mental capacity to bring forward their own claim.
For more information on these exceptions and the eligibility criteria for seeking compensation, get in touch using the number above.
Evidence That Can Support A Cancer Misdiagnosis Claim
If you’re eligible to claim cancer misdiagnosis compensation, you will need evidence to support your claim. The evidence you are able to gather will depend on the specifics of your case. Generally, however, the following types of evidence could be useful to your case:
- Medical notes – Your medical notes detailing your appointments, advice given, and tests ordered could be vital in proving your claim.
- Test results – any copies of results of tests or scans/x-rays could also be useful.
- Witness details – anyone who has witnessed the negligence treatment you’ve received could be called on to provide a statement to support your claim.
- Correspondence with the medical professionals handling your treatment. This could include referral letters and communication regarding test results, for example.
- Documents proving you’ve incurred costs or losses due to the misdiagnosis of cancer. This could include payslips showing loss of income and receipts for prescriptions, for example.
To learn more about the evidence you’d need to support your claim, please contact an advisor. You could also ask if one of our solicitors could help you gather the relevant evidence and assist you in claiming the compensation you deserve.
According to the NHS, head and neck cancer is relatively uncommon with around 12,400 new cases diagnosed in the UK each year. There are different types of cancers that fall into this category, including:
- Mouth cancer
- Laryngeal cancer
- Throat cancers
- Salivary gland cancer
- Nasal and sinus cancer
- Nasopharyngeal cancer
Each of these cancers has different symptoms and can affect those diagnosed in several ways. If you have evidence that your cancer was misdiagnosed due to medical negligence, get in touch with our team of advisors. They can assess whether you’re eligible to seek compensation for the way in which you have been impacted.
There are several ways in which a head and neck cancer misdiagnosis could occur, such as:
- A GP fails to refer a patient for further tests despite them exhibiting clear symptoms of throat cancer. As a result, they are misdiagnosed with a tonsillitis.
- Administrative errors at a hospital mean a patient receives the incorrect test results. As a result, they receive the incorrect diagnosis and treatment for a condition they do not have.
However, it’s important to note that not all instances of an incorrect diagnosis will form the basis of a valid misdiagnosis compensation claim. You can only seek compensation for avoidable harm that resulted from a medical professional providing a substandard level of care.
Find out more about the process of claiming by calling our team on the number above.
After making a successful clinical negligence claim, you could receive a settlement comprising of up to two heads. These are:
- General damages: This head of claim seeks to compensate you for the pain and suffering you have experienced as a result of medical negligence.
- Special damages: This head of claim seeks to compensate for the financial losses caused by medical negligence. Examples of the losses you could claim include loss of earnings, medical bills and care costs. You should provide evidence of these in the form of payslips and invoices.
The table below has been created using guideline compensation amounts from the Judicial College Guidelines. Solicitors can refer to this document to help them when they value the general damages portion of your claim. You should only use the figures as a guide because several considerations are given when valuing settlements.
|Type of Harm
|Very Severe Brain Damage (a)
|£282,010 to £403,990
|The person needs full time care.
|Moderately Severe Brain Damage (b)
|£219,070 to £282,010
|A very serious disability with the requirement for constant professional care and a substantial dependence on others.
|Lung Disease (a)
|£100,670 to £135,920
|A serious disability in a young person. There is a chance the condition will worsen and lead to an early death.
|Lung Disease (b)
|£70,030 to £97,330
|Cases of lung cancer in an older person resulting in severe pain as well as impaired function and quality of life.
|Impairment of Taste and Smell (b)
|£32,900 to £39,170
|Smell is completely lost and there is a significant loss of taste.
|Significant Facial Disfigurement (c)
|£9,110 to £30,090
|Scarring is significant but the worst effects will have been reduced by plastic surgery. The psychological reaction improves as a result.
For more information on how much medical negligence compensation you could receive following a successful head and neck cancer misdiagnosis claim, get in touch using the number above.
Our solicitors can provide several services that could benefit your medical misdiagnosis claim, including:
- Helping you gather evidence to support your claim, such as medical records
- Valuing your settlement
- Ensuring you put forward a full and complete claim.
Additionally, they can offer these services under a type of No Win No Fee agreement, called a Conditional Fee Agreement (CFA). Under a CFA, you can access your solicitor’s services without paying upfront, while the claim is ongoing or if the claim doesn’t succeed.
If your claim completes successfully, you will pay a success fee from your compensation. This is deducted as a percentage which is capped by the Conditional Fee Agreements Order 2013.
Contact Us About Making A Medical Negligence Claim
We hope this guide on when you could be eligible to make a cancer misdiagnosis claim has helped. However, if you have any questions, you can get in touch with our team of advisors. They can provide further guidance on the eligibility criteria, the evidence you can gather to support your claim, the compensation you could receive and whether one of our No Win No Fee solicitors could represent your case.
To get in touch, you can:
Below, we have provided more of our medical negligence guides:
- Bladder Cancer Compensation Claims
- Medical Negligence Leading To Death Compensation Claims
- Can I Claim For GP Medical Negligence?
Additionally, we have provided more external resources that you might find beneficial:
- GOV – NHS Constitution For England
- General Medical Council – Good medical practice for doctors
- Cancer Research UK – Head and neck cancer statistics
If you have more questions about making a head and neck cancer misdiagnosis claim, please get in touch using the details provided above.