Receiving a lung cancer diagnosis is a traumatic and life-changing event by itself. However, if the diagnosis is delayed or incorrect, it can lead to further pain and complications, and may form the basis for lung cancer misdiagnosis claims. According to Cancer Research, lung cancer comprises 13% of all new cancer cases, making it the third-most common cancer in the UK 2017-2019). Therefore, an accurate diagnosis is crucial for effective treatment and recovery.
Our team at How To Sue (HTS) has great experience in working with victims of medical negligence and those who’ve lost their loved ones due to malpractice. Our advisors and solicitors strike a balance between the sharpness required for compensation claims and sensitivity and empathy for the client who is going through a great deal of pain. They demonstrate this understanding through regular communication, patiently answering all your questions and working efficiently.
Key Takeaways
- You may be able to make a lung cancer misdiagnosis claim if you or your loved one has been misdiagnosed and suffered from avoidable harm.
- Lung cancer misdiagnosis claims may consist of compensation for the physical and mental suffering of the person and the financial consequences.
- Some examples of lung cancer misdiagnosis can include a misinterpretation of results, surgical errors and delayed diagnosis.
- It is important to collect evidence in support of your lung cancer claim
- If your lung cancer claim is eligible, you may be able to work with one of our No Win No Fee solicitors.
Contact our team now for more information on cancer misdiagnosis claims:
- Call 033 0123 0546.
- Use our ‘claim online’ form.
- Speak to us directly through live chat.
Jump To A Section
- How To Sue For A Misdiagnosis Of Lung Cancer
- What Are The Lung Cancer Misdiagnosis Compensation Amounts?
- Can Financial Losses Be Compensated in Lung Cancer Misdiagnosis Claims?
- How Might Medical Negligence Lead To A Misdiagnosis Of Lung Cancer?
- What Do I Need To Prove A Lung Cancer Misdiagnosis Was Due To Negligence?
- Suing For A Lung Cancer Misdiagnosis With No Win No Fee Solicitors
- Frequently Asked Questions
- Learn More
How To Make Lung Cancer Misdiagnosis Claims
To make a lung cancer misdiagnosis claim, you need to demonstrate that you suffered unnecessary harm due to receiving negligent medical care.
Essentially, all medical negligence claims need to meet the following eligibility criteria:
- A medical professional had a duty of care towards you.
- They breached their duty.
- You suffered unnecessary or avoidable harm due to this breach.
All medical professionals, including nurses, doctors, surgeons, and healthcare providers, such as hospitals and clinics, have a duty of care towards their patients. This means that they must provide their patients with the correct standard of care when treating their patients.
To adhere to their duty of care, medical professionals such:
- Consider all patient symptoms described to them seriously
- Refer patients to further testing when necessary
- Ensure patients are receiving the correct treatment for their condition
Can I Sue For A Loved One’s Fatal Lung Cancer Misdiagnosis?
Yes, you could sue for a loved one’s fatal lung cancer if they suffered this fatal harm due to receiving negligent medical care.
Under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased individual’s estate can make a claim for the suffering and financial losses endured by the deceased before the death. They can also make a claim on behalf of certain relatives of the deceased, known as the dependents.
It’s important to note that the state is the only party that can claim for the first 6 months following death.
If no claim has been made on the dependents’ behalf within these 6 months by the deceased, they can make their own claim for how the death has impacted them under the Fatal Accidents Act 1976.
Speak to our advisory team now for more information on making fatal medical negligence claims.
What Are The Lung Cancer Misdiagnosis Compensation Amounts?
There is no fixed compensation amount for lung cancer misdiagnosis since each claim is unique. However, medical negligence solicitors usually refer to the Judicial College guidelines (JCG) for the potential compensation you could claim for your pain and suffering. This part of your compensation amount is known as general damages. The JCG provides a list of different illnesses and guideline compensation brackets which could be considered for them.
This table summarises some of the JCG figures which may be related to lung cancer compensation claims, except for the first row. Please use this table for guidance only.
Harm Suffered Notes Compensation Guidelines
Multiple Severe Types of Harm and Special Damages Compensation for suffering various forms of harm and financial losses such as medical expenses, lost earnings, and care costs. Up to £500,000+
Brain Damage - Moderate (i) Effect on the senses with a moderate to severe intellectual deficit. £183,190 to £267,340
Brain Damage - Moderate (ii) Work ability is greatly reduced with a moderate to modest intellectual deficit. £110,720 to £183,190
Chest Injuries- Severe (a) This may include permanent scarring, the removal of a lung along with serious pain. £122,850 to £183,190
Chest Injuries- Severe (b) There may be permanent damage to the lung and reduction of life expectancy. £80,240 to £122,850
Chest Injuries- Severe (c) The damage to the lungs and chest causes permanent disability. £38,210 to £66,920
Lung Disease- Severe (a) A young person suffers from a serious disability and there is a chance of progressive worsening and early death, £122,850 to £165,860
Lung Disease- Severe (b) There is lung cancer in an older person which causes a lot of pain and impairment in their life. £85,460 to £118,790
Lung Disease - Severe (c) There is a lot of impairment of lung function and difficulties in breathing and sleeping. £66,890 to £85,460
Lung Disease- Severe (d) The breathing difficulties are such that an inhaler is required. £38,210 to £66,920
Contact our team now for more information on compensation amounts in lung cancer misdiagnosis claims.
Can Financial Losses Be Compensated in Lung Cancer Misdiagnosis Claims?
Yes, financial losses could be compensated in lung cancer misdiagnosis claims under special damages. Some examples of this include:
- Medical expenses due to unnecessary treatment, such as chemotherapy, due to advanced cancer.
- Loss of earnings due to an inability to work.
- Nursing care by a professional caretaker or family member.
- Travel costs for medical appointments.
- Physical and cosmetic aids, such as a nebuliser, a wheelchair or a hairpiece.
In order to claim special damages, you need to provide financial records, such as payslips, invoices and bank statements.
Contact our team to learn how to include special damages in lung cancer misdiagnosis claims.
How Might Medical Negligence Lead To A Misdiagnosis Of Lung Cancer?
There are various ways medical negligence might lead to a misdiagnosis of lung cancer, such as misinterpreting test results or failure to refer for further tests.
Below, we set out some examples of when you may be able to claim:
- A specialist misinterprets your X-ray results, leading to a lack of follow-up and delayed diagnosis until the cancer is advanced.
- While performing a surgical procedure to check for lung cancer, such as a thoracoscopy, some part of the lung tissue is damaged. Due to this negligent action by the specialist, you end up suffering from respiratory issues.
- A patient goes to their GP and reports symptoms like coughing up blood and unexplained weight loss. However, the GP fails to order further tests, leading to no diagnosis until the cancer advances further.
- You suffer from a respiratory condition, which is misdiagnosed as lung cancer. Due to unnecessary chemotherapy, you suffer from weakness, fatigue and hair loss.
Speak to our team now for more information on making lung cancer misdiagnosis claims in different scenarios and to discuss more examples.
What Do I Need To Prove A Lung Cancer Misdiagnosis Was Due To Negligence?
To prove a lung cancer misdiagnosis was due to negligence, you will need evidence that details your correct diagnosis, what harm you suffered due to the misdiagnosis and how a medical professional was responsible.
Some examples of evidence you could gather include:
- Medical records, including consultation notes, prescriptions, test results, and discharge summaries.
- Photographs of scars or discolouration due to unnecessary surgery, radiation or chemotherapy.
- Contact information of the person who may have been there with you at the hospital. This will help to put together your witness statement.
- Copies of your complaint against the hospital and other communications.
- Personal statement, such as a diary entry, describing the impact of the misdiagnosis.
Get in touch with our team now for more assistance in collecting evidence for your lung cancer negligence claim.
Claiming For A Lung Cancer Misdiagnosis With No Win No Fee Solicitors
When claiming for a lung cancer misdiagnosis with one of our No Win No Fee solicitors, they can offer their services to you under a Conditional Fee Agreement (CFA). Under this arrangement, no ongoing or upfront payment is required to the solicitor for their work. If your case is not a success, your solicitor won’t charge you a fee for their work. On the other hand, if you win, your solicitor will only charge a success fee. This is taken from your compensation as a legally limited percentage.
Some of the services our solicitors can offer you on a No Win No Fee basis include:
- Assistance in gathering evidence.
- Explaining difficult legal terms.
- Calculating the approximate compensation amount.
- Communicating with the medical professional or healthcare provider on your behalf.
- Preparing court documents in the event of litigation.
- Providing regular updates on the progress of your case.
- Submit your claim within the time limit.
Contact Our Team
Get in touch with our advisors today to learn more about how our No Win No Fee solicitors could help you:
- Call 033 0123 0546.
- Use our ‘claim online’ form.
- Speak to us directly through live chat.
Frequently Asked Questions
After discussing lung cancer misdiagnosis claims, we’ll now try to answer some frequently asked questions:
What Are The Symptoms Of Lung Cancer?
Some of the symptoms of lung cancer are:
- Coughing up blood.
- A cough that has not gone away after 3 weeks.
- Lack of energy or persistent fatigue.
- Pain while coughing or breathing.
How Is Lung Cancer Typically Diagnosed?
Lung cancer is normally diagnosed through the following methods:
- Chest X-ray
- CT scan
- PET-CT scan
- Biopsy and bronchoscopy
What Are The Treatments Available For Lung Cancer?
Depending on the stage and type of lung cancer, the following treatment options may be considered:
- Radiotherapy
- Chemotherapy
- Surgery
- Immunotherapy
Who Is Most At Risk Of Developing Lung Cancer?
The following risk factors contribute to the development of lung cancer:
- Smoking (including chewing tobacco, cannabis or passive smoking).
- Exposure to radon.
- Occupational pollution by exposure to elements like arsenic.
Learn More
Here are some of our other guides:
- Information on how to claim for anaesthetic negligence.
- Details on maternity negligence claims.
- Our guide on birth injury compensation.
You can also refer to the following links for further reading:
- Information from Macmillan Cancer Support on supporting someone with cancer.
- NHS campaign on quitting smoking.
- Details on exercise for cancer patients from Cancer Research.
Thank you for reading our guide on making lung cancer misdiagnosis claims.