Cancer is a very serious condition, and being told you have it can be a life-altering event. We trust that the doctors who care for us can spot and treat the condition as quickly as possible. However, sometimes the care received is substandard, and this guide about cancer misdiagnosis claims will explain when you could be entitled to compensation.
Key Takeaways
- If you have received substandard medical care and it caused you harm, you could claim compensation.
- The amount of compensation will be influenced by the level of harm caused and any financial losses that are claimable.
- Not every cancer misdiagnosis will be negligent.
- You have 3 years from the date that you knew (or ought to have known) negligence happened to start a claim.
- Our solicitors have years of dedicated experience dealing with medical negligence claims and can assist you on a No Win No Fee basis.
Read on to learn more, or if you want to chat about your cancer misdiagnosis claim in person, you can:
- Use the chat portal in the corner of the screen.
- Contact us here to submit a claim online and we will get back to you ASAP.
Jump To A Part Of Our Cancer Misdiagnosis Claims Guide
- Am I Eligible To Make A Claim For Cancer Misdiagnosis?
- Average Payouts For Cancer Misdiagnosis Compensation
- The Rates Of Cancer Misdiagnosis In The UK
- Which Types Of Cancer Are The Most Commonly Misdiagnosed?
- Can I Claim On The Behalf Of Someone Else?
- The Difference Between Claiming Against The NHS And Private Healthcare Providers
- How To File Your Compensation Claim
- More Information
Am I Eligible To Make A Claim For Cancer Misdiagnosis?
There are various ways in which cancer can be misdiagnosed or missed completely, but not all of them are grounds for a medical negligence claim. To have a valid basis for launching a claim for negligent care or advice, you need to demonstrate three points:
- A duty of care was in place.
- This duty was not fulfilled by a medical professional.
- As a result, you suffered avoidable or unnecessary harm.
Every medical negligence claim has factors that make it unique. But in the next section, we explore some common types of cancer misdiagnosis claims. If you wish to discuss anything so far, please connect with our friendly advisors..
Types Of Cancer Misdiagnosis Claims
Cancer misdiagnosis claims arise when the medical professional doesn’t meet the level of professional care expected and fails to correctly pinpoint cancer as the reason for illness. Some instances of this include:
- Typical cancer symptoms, such as fatigue or sudden weight loss, are not inquired about in the patient’s consultation. Had the healthcare provider taken a proper medical history, these symptoms would have been spotted and the condition treated sooner. The patient is misdiagnosed with a different illness.
- A patient’s test results are mixed up with those of another patient, and bowel cancer is misdiagnosed as irritable bowel syndrome. By the time the cancer is discovered, invasive surgery is needed to remove the tumour.
- A doctor does not perform an examination of a patient to the correct standard of care and misdiagnoses a cancerous breast lump as a cyst. The cancer grows until the error is picked up some months later.
For a clearer picture of your grounds to claim, we provide a free case check. If you feel you haven’t received the right level of healthcare, take a moment to find out if you could be owed compensation by contacting us.
Average Payouts For Cancer Misdiagnosis Compensation
The term ‘average payout’ suggests that cancer misdiagnosis claims are dealt with in a routine way. In fact, each medical negligence claim differs from case to case, as will any amount of compensation received. Providing the average figure for a cancer misdiagnosis claim will not help you much, but there is a standard way to calculate compensation.
If successful, a medical negligence claim can cover two main categories of harm. General damages apply a value to the actual pain and physical suffering alongside any psychological injury caused by the misdiagnosis. Special damages cover the associated financial harm.
Those who calculate award amounts for general damages will typically refer to medical evidence put forward. Furthermore, they will consult the Judicial College Guidelines (JCG). This document provides a list of suggested compensation amounts for types of injuries based on how severe they are.
Important to note that the figures are only intended to be guidelines. Below, you’ll see an example from the JC Guidelines (except the first entry) for harm that can arise from misdiagnosed cancer:
Compensation Guidelines
| NATURE OF HARM | DEGREE OF SEVERITY | AWARD | DEFINITIONS |
|---|---|---|---|
| Several types of harm and award for special damages | Serious | Up to £1 million or more. | An amount like this usually reflects the harm created by numerous events and the impact on the person's finances such as care expenses and lost earnings. |
| Head/Brain Damage | Very Severe (a) | £344,150 going up to £493,000 | Examples where the person is almost unable to follow rudimentary commands and is reliant on constant nursing care. |
| Moderately Severe (b) | £267,340 going up to £344,150 | Instances of serious disability with cognition and paralysis creating a constant dependence on others. | |
| Bladder | Total natural function loss (a) | Up to £224,790 | Cases of incontinence and where the person has lost both bladder function, urinary function and has other additional complications. |
| Long-term issues (d) | £28,570 going up to £38,210 | Here, a recovery on the whole is seen but a level of remaining long-term functional disruption exists. | |
| Kidney | Serious (a) | £206,730 up to £256,780 | Instances where both kidneys suffer damage or are lost. |
| One Kidney lost (c) | £37,550 up to £54,760 | Instances where one kidney is completely lost but there is no damage to the other. | |
| Bowel | Complete loss of function (b) | Up to £183,190 | Awards in this bracket relate to a complete loss of function and create a reliance on colostomy for the person. |
| Scarring | Single large and disfiguring scar or group of smaller ones. | £9,560 going up to £27,740 | Scarring effects that typically cover the body and limbs. |
| Hair | Defective treatment consequences (a) | £8,960 up to £13,450 | This award bracket often includes cases of lost hair that have resulted from incorrect cancer procedures such as chemotherapy. |
Claiming For Special Damages
In addition to general damages, your claim could incorporate the financial harm created by a cancer misdiagnosis under special damages. Please note – this can be claimed only alongside general damages. Special damage items can include:
- Loss of earnings
- Rehabilitation fees
- Private medical bills
- Domestic care and assistance
- Pain killers
- Travel expenses
Also, you will need to present documented proof that points to the financial losses. This includes:
- Evidence that you were off work or experienced damage to your income.
- Proof of invoices for privately funded medical treatments.
- Receipts for sums paid out to others who cared for you in your home.
- Tickets that prove travel costs to get to the hospital or to receive care.
- Evidence of the costs relating to any childcare arrangements you had to make.
Special damages can cover other types of financial harm experienced. Therefore, it’s useful to keep all documents you think prove some sort of loss. Should you choose to appoint one of our expert medical negligence solicitors for your cancer misdiagnosis claim, they can carefully assess this evidence and use it to work out a more detailed potential settlement amount for you.
The Rates Of Cancer Misdiagnosis In The UK
In 2019/20, the NHS dealt with 348 claims of incidents related to cancer-delayed diagnosis and misdiagnosis. Year on year, the figures have increased, with a five-year record high of 790 cases in 2022/23.
The NHS settled or closed nearly half of these claims, costing it over £125 million in the past five years. In the last five years, the NHS has paid over £70 million in damages for cancer misdiagnosis claims. These stats cover claims against the NHS for negligence, so they do not include private doctor negligence.
We will again stress that not every misdiagnosis of cancer will result in a successful claim and compensation. If you think you did not receive the correct standard of care and would like to talk to someone about this, you can get in touch with one of our friendly advisors.
Which Types Of Cancer Are The Most Commonly Misdiagnosed?
Next, we look at some types of cancer that can be misdiagnosed, as well as what they might be mistaken for:
- Breast cancer – This is sometimes misdiagnosed as fibrocystic breast disease, as breast cancer lumps can be incorrectly diagnosed as cysts.
- Colorectal cancer – This type of cancer can be confused with diverticulitis, which is an inflammation in the digestive system.
- Lung cancer misdiagnosis – Can be mistaken for other lung issues such as COPD, asthma, pneumonia or bronchitis can be diagnosed in error.
- Ovarian cancer – The symptoms of this type of cancer can be mistaken for less concerning illnesses such as irritable bowel syndrome or urinary infections.
- Lymphoma – The symptoms of this type of cancer can include weight loss, skin rashes, fatigue, and swollen lymph nodes, which can be mistaken for an autoimmune disorder such as rheumatoid arthritis.
- Pancreatic cancer – Gallbladder diseases, acid reflux and peptic ulcers can be incorrectly identified as the cause of illness rather than pancreatic cancer.
There are many other types of cancers and many other conditions that you could be misdiagnosed with. If negligence was present, then you could explore claiming compensation. To discuss your particular circumstances, contact our team for free information about your options for starting your case.
Can I Claim On The Behalf Of Someone Else?
A litigation friend is sometimes appointed to commence cancer misdiagnosis claims for people under 18 or who lack the mental capacity to make claims themselves. This litigation friend can be a family friend or suitable adult, and they carry out the duties of the claim on the person’s behalf.
We look at time limits in detail later in this guide, but the standard three-year period to start a claim is paused or frozen for these two groups of people. Allowing them three years to make a claim themselves if their mental capacity is restored., or three years to claim after their 18th birthday if they were a minor.
You can contact our team to discuss claiming on behalf of others and how this might impact the claim deadline.
The Difference Between Claiming Against The NHS And Private Healthcare Providers
A cancer misdiagnosis claim can be made against either the NHS or a private healthcare provider. The same criteria apply for you to be eligible to claim. Importantly, the NHS allocates a budget to deal with claims of negligent care and any damages awarded to you are not taken from essential front-line services.
Furthermore, instances of medical negligence must be acknowledged to prevent other patients from also being misdiagnosed. You are free to complain about treatment you received from the NHS, and any documents from this complaint can help support your cancer misdiagnosis compensation claim.
When claiming against a private medical provider, they will still owe you a duty of care and have to meet this by delivering the minimum accepted standard of care to you. The damages will usually be paid by the provider’s insurance company if you are successful.
Medical negligence claims can be complex, but you don’t have to face your claim alone. Don’t hesitate to get in touch with us to see if one of our skilled solicitors could help you with the process.
How To File Your Compensation Claim
Once you’re confident you satisfy the eligibility criteria discussed earlier in this guide, you can start to construct your claim for cancer misdiagnosis compensation. Often, the first step forward is to seek legal help, but you can also assemble evidence yourself that supports your claim.
The Evidence You’ll Need To Prove Clinical Negligence
Putting forward evidence of medical negligence is always a crucial part of the compensation claims process. These examples of evidence could be helpful:
- Any paperwork that details the cancer care you received. This includes appointment and referral details, medical notes and test results that prove the treatments given.
- Copies of your complaint to the NHS or the private clinic.
- A dated record of when you first sought help from your GP or hospital.
- A diary of your symptoms and how they have affected you.
- If you can, take photographs with dates of your visible injuries that arose from the cancer misdiagnosis.
How Long You Have To Make Your Claim
Medical negligence claims must start within three years, as outlined by the Limitation Act 1980. Your claim does not need to conclude within three years but usually, it must be started no later.
With medical negligence claims, the period typically begins from the date of knowledge of the harm and negligence. This is important because it could be several months, or even years until you realise that a negligent misdiagnosis has happened. You will have three years to start your claim from when you knew, or reasonably ought to have known, that negligence happened and that you were harmed.
To check if you are still within the cancer misdiagnosis claims time limit, reach out to an advisor.
Finding A Medical Negligence Solicitor
Our No Win No Fee solicitors provide an array of outstanding services to help eligible readers make their claims. For example, they will:
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- Work alongside you to gather evidence.
- Use this evidence to calculate an accurate compensation amount.
- Communicate on your behalf directly with the NHS or private clinic.
- Meet the court deadlines and take care of Pre-Action Protocol steps.
- Explain complex legal terminology and represent your claim with the utmost professionalism.
To do this, our solicitors offer a version of the No Win No Fee contract to eligible claimants, called a Conditional Fee Agreement (CFA); it usually has the following benefits:
- There’s no fee to pay your solicitors to begin work on your case.
- No fees are applicable for their services as the case moves ahead.
- The solicitors need no fee for their completed services should the claim fail.
- Claims that settle in your favour mean a ‘success fee’ needs to be paid to your solicitors.
- This is a small percentage of the overall amount, and a legal restriction limits it.
- Starting a claim through a CFA allows you to benefit from excellent legal services and keep most of the compensation you’ve been awarded.
Chat over cancer misdiagnosis claims with the team, and if yours qualifies, they could connect you with an expert medical negligence solicitor if you wish.
How Long It Can Take For You To See A Pay Out
Various factors can dictate how long it takes for a case to finish and if you are successful in receiving a payout:
- The level of harm and predicted recovery.
- The complexity of the issues involved
- What evidence is available, and how strong it is
- How long it may take to gather reports from any specialists about your cancer treatment.
- Whether the opposing side disputes the claim of negligence.
- The workload of the courts should proceedings be needed (although most cases do not require a court hearing).
More Information
As stated, each claim varies, so for a personalised idea of your case, connect with our advisors on the contact options below:
- Use the chat portal at the bottom of the screen.
- Contact us here to submit a claim online.
Some Internal Resources:
- You can read about claims for delayed treatment here.
- Also, there is information on surgical error claims.
- As well as this, more details are here on how to claim for a failure to obtain consent.
Some External Resources:
- This resource looks at cancer treatment from the NHS.
- Also, here is detailed information from Cancer Research to support cancer patients.
- You can also read about how NHS Resolution deals with clinical negligence issues.
Lastly, we appreciate you reading our guide on cancer misdiagnosis claims. Advisors are standing by to help with any other questions or concerns you may have.