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As the most common cancer for men, testicular cancer is highly treatable with prompt diagnosis and early intervention. Unfortunately, testicular cancer misdiagnosis means some patients don’t always get the care they need. The consequences of a cancer misdiagnosis can be devastating, leading to worsened health outcomes, more invasive treatment, and financial loss. If you have suffered unnecessary harm because of a medical professional’s negligent actions, you may be able to claim compensation.
In our guide, we look at who is at risk of developing this type of cancer, how misdiagnosis could occur, and the impact this may have on you and the process of treating testicular cancer. Subsequently, you can find information on making a medical negligence claim, including how compensation could be calculated and what damages it can cover. In addition, we outline the steps involved in starting a medical negligence claim, such as how to build a strong body of evidence.
At Legal Helpline, our panel of experienced medical negligence solicitors work hard to support their clients at every stage of the claims process. If you would like a free, no-obligation consultation, feel free to reach out to one of our advisors by:
- Calling now on 0333 000 0729.
- Telling us what happened online using our chat.
- Completing our online form to contact us about your case.
Jump To A Section
- Can I Claim For A Testicular Cancer Misdiagnosis?
- Who Is Most At Risk Of Developing Testicular Cancer?
- How Can Medical Negligence Cause Testicular Cancer Misdiagnosis?
- What Are The Consequences Of Delayed Testicular Cancer Diagnosis?
- Am I Able To Make A Cancer Misdiagnosis Claim Against The NHS?
- How Much Compensation Could I Get For Misdiagnosed Testicular Cancer?
- How Do I Start A Negligent Cancer Diagnosis Claim?
- Finding The Right No Win No Fee Testicular Cancer Misdiagnosis Solicitors
- More Information
Can I Claim For A Testicular Cancer Misdiagnosis?
In order for a testicular cancer negligence claim to be valid, you must establish that medical negligence took place. This involves demonstrating the following:
- A medical professional owed you a duty of care.
- They breached this duty of care, such as misdiagnosing the disease due to negligent treatment.
- The breach resulted in you suffering avoidable harm.
As a patient, you are automatically owed a duty of care by anyone providing you with medical treatment. In short, this duty requires medical and healthcare professionals to provide a level of care that meets the minimum expected standards. If you suffered because someone fell short of those standards, you have a right to make a claim for compensation.
However, it’s important to note that not all diagnostic errors will be due to someone’s negligent actions. For more information on eligibility and whether you can claim for testicular cancer, please contact one of our helpful advisors.
Who Is Most At Risk Of Developing Testicular Cancer?
Men aged between 15 and 49 have an increased risk of developing testicular cancer, though anyone with testicles could be affected by the disease. According to NHS cancer registration statistics, there were 1,930 new testicular cancer diagnoses in 2021.
Factors which could put someone at greater risk of developing the disease, including germ cell testicular cancer, may include:
- A previous medical history of having had the condition.
- A family history of testicular cancer, particularly if a close male relative has been diagnosed with it.
- Undescended testicles, where one or both of the testicles did not drop into the scrotum.
- Where the opening of the urethra is on the underside of the penis (hypospadias).
- Having AIDS or HIV.
Understanding the role of these risk factors can be critical in early diagnosis and ensuring someone gets the right treatment. Get in touch today for further insight into who can make a testicular cancer negligence claim.
How Can Medical Negligence Cause Testicular Cancer Misdiagnosis?
Testicular cancer misdiagnosis may occur when a medical professional, such as a GP or oncologist, fails to correctly identify the symptoms of testicular cancer or conduct relevant tests.
- Inadequate physical examinations: A doctor fails to adequately examine a patient who has reported having common symptoms of testicular cancer. Consequently, they do not notice abnormal growths on the affected testicle, allowing the cancer to spread.
- Not making referrals: A GP fails to refer a patient to an oncology department for further testing despite noticing several signs of testicular cancer. This failure results in a delayed diagnosis, meaning the disease is not detected until it is at a more advanced stage.
- Misdiagnosis and delayed diagnosis: An inexperienced doctor fails to recognise the symptoms of testicular cancer and mistakenly concludes the patient has chlamydia.
- Misinterpreting test results: A doctor misinterprets the results of a biopsy, leading them to conclude a patient doesn’t have cancer. The incorrect diagnosis means they don’t receive treatment until the disease worsens.
However, as we mentioned earlier, misdiagnoses are not always caused by medical negligence. If you believe you have been impacted by negligent treatment or diagnosis of testicular cancer, please contact our team to discuss your case.
What Are The Consequences Of Delayed Testicular Cancer Diagnosis?
The delayed diagnosis of testicular cancer can affect treatment options, prognosis, and health outcomes. Whilst the disease can respond well to early intervention, with a 5-year survival rate as high as 95.3% (according to Office for National Statistics figures published in 2019), there can be serious consequences if the symptoms of testicular cancer are not identified in time.
Misdiagnosis or GP negligence could lead to:
- Progression of the cancer: Without early and accurate diagnosis, testicular cancer could metastasise to other parts of the body, spreading to the lymph nodes or lungs.
- More invasive or extensive treatment: When detected in the early stages, treatment for cancer may involve the surgical removal of the affected testicle. In the later stages or where it has metastasised, it may involve chemotherapy, radiotherapy, or more radical surgery.
- Loss of fertility: Chemotherapy and other treatments can impact fertility.
- Psychological harm: Treatment delays could cause stress, anxiety, or other forms of psychological injury.
If your cancer spreads due to a diagnostic error by your GP, a hospital or a walk-in centre, you could be owed compensation. Talk to a team member to learn more about how our panel could support your testicular cancer misdiagnosis claim.
Am I Able To Make A Cancer Misdiagnosis Claim Against The NHS?
Yes, as it doesn’t matter whether you were an NHS or private patient at the time of your testicular cancer misdiagnosis. For instance, if the negligence occurred at an NHS hospital, your claim would be made against the relevant NHS trust responsible for your care.
We understand you may still have questions, so feel free to speak to our team to learn more about testicular cancer claims.
How Much Compensation Could I Get For Misdiagnosed Testicular Cancer?
In cases of testicular cancer misdiagnosis involving the complete loss of the reproductive organs, the Judicial College Guidelines (JCG) reveal that an individual could be awarded in excess of £187,790. The JCG is a publication that solicitors sometimes use when assessing the value of general damages. These damages cover the physical and psychological effects of medical negligence.
Factors which could influence general damages payouts for cancer misdiagnosis may include:
- Extent of harm: A misdiagnosis may lead to you not getting treatment until the cancer is at a more advanced stage. Consequently, the cancer may have spread to other parts of your body, or you may have had to have a testicle surgically removed.
- Impact on fertility: Payouts may reflect loss of fertility and the psychological or physical consequences of this.
- Effects on general health: You may suffer ongoing pain, disability, or psychological distress.
In this table, we present some figures taken from the JCG. Alongside these, the initial row shows a figure for both general and special damages and doesn’t come from the JCG publication. It must be noted that the table does not guarantee how much compensation you could be awarded.
| Harm Sustained | Severity | Notes | Damages |
|---|---|---|---|
| Multiple forms of severe harm. plus special damages | Severe | Multiple and severe types of harm, inclusive of special damages like medical treatment and lost income. | Up to £500,000+ |
| Reproductive system - Male | Total loss of the reproductive organs | Award may depend on age, fertility, scarring, and whether the claimant already has children. | In excess of £187,790 |
| Reproductive system - Male | Total impotence, sterility and loss of sexual function | Bracket may consider factors like pain, scarring, psychological impact, hormonal effects, and whether claimant has children. | £140,220 to £181,020 |
| Reproductive system - Male | Impotence/significant sexual dysfunction | Effects are likely to be permanent for a claimant who either has children or would not have done so. | £52,490 to £108,310 |
| Reproductive system - Male | Sterility but no impotence | No other aggravating features. Claimant is young and childless. | £68,430 to £87,080 |
| Reproductive system - Male | Sterility but no impotence | Claimant has children but may have planned to have more. | £21,920 to £44,840 |
| Reproductive system - Male | Orchidectomy with some psychological harm | No impact on sexual function. | £24,490 to £27,560 |
| Reproductive system - Male | Sterility/impotence | Cases include older claimants who were unlikely to have children. | £8,070 to £22,800 |
| Psychiatric damage | Severe | Claimants will have a poor prognosis and there will be noticeable problems across all parts of their life. | £66,920 to £141,240 |
| Psychiatric damage | Moderate | Problems in all parts of a claimant's life, but there will be improvements and a good prognosis. | £7,150 to £23,270 |
Can I Claim For Any Financial Losses That Occurred Because Of Delayed Diagnosis?
In short, yes, but you must be able to prove that the loss occurred due to the harm you sustained. Financial losses you could be compensated for in a testicular cancer misdiagnosis claim may include:
- Lost income: You can submit payslips and bank statements to prove any loss of earnings.
- Medical care: You could use invoices to document the cost of private medical treatment, such as consultations with specialists or surgery.
- Travel: You may be able to use receipts and tickets as evidence to recoup the cost of travelling to and from medical appointments.
Claims for special damages can take past and anticipated future losses into account. Contact the team today to see how one of the medical negligence solicitors from our panel could help you claim compensation.
How Do I Start A Negligent Cancer Diagnosis Claim?
Two of the most important starting points when pursuing compensation for testicular cancer are having sufficient evidence and making sure to file a claim on time.
Evidence
In particular, medical records can be used as evidence to support a testicular cancer misdiagnosis claim. These records may contain information on:
- Your original diagnosis.
- Test results, such as those from any physical examination, blood tests, biopsy, or MRI scan.
- Treatment records.
Further evidence may include correspondence with your doctor and witness contact details. If you choose to use a solicitor from our panel, they will be able to use this information to gather supporting statements for your claim.
Time Limits
Under the Limitation Act 1980, claims must be filed within the correct time limit. Typically, you have 3 years to do so, dated to when the negligence occurred or you became aware of it. However, there are notable exceptions to this limitation period for 2 groups who cannot legally claim for themselves:
- Under 18s: Time limits begin on their 18th birthday.
- Individuals with reduced mental capacity: No time limits unless the individual’s mental capacity returns.
Whilst a claimant is under the age of 18 or has reduced mental capacity, a litigation friend (usually a loved one or solicitor) may initiate a claim for them. Our advisors are here to help, so feel free to get in touch for further guidance on making a successful cancer misdiagnosis claim.
Finding The Right No Win No Fee Testicular Cancer Misdiagnosis Solicitors
At Legal Helpline, our panel of No Win No Fee solicitors work tirelessly to support claimants who have been harmed by a testicular cancer misdiagnosis. Their decades of combined experience and expertise in testicular cancer negligence claims similar to yours mean you could benefit from the following:
- Offering a No Win No Fee claim service. Conditional Fee Agreements (CFAs) mean that you only need to pay for a solicitor’s work if you win your claim. This success fee is taken as a legally capped percentage of your compensation.
- Explaining legal jargon and answering any questions you have about the claims process.
- Collecting evidence which could help to support your claim, such as taking witness statements.
- Putting you in touch with specialists where needed.
Contact Us
Get in touch with a member of our team today to see if you could claim compensation:
- Call 0333 000 0729.
- Contact us using our online form.
- Talk to an advisor using our online chat.
More Information
Helpful guides and resources on other kinds of medical negligence claims:
- Read up on brain cancer medical misdiagnosis compensation claims.
- Get further information on claiming for stomach cancer misdiagnosis.
- Learn about leukaemia misdiagnosis.
References.
- NHS guidance on cancer.
- The Royal Marsden Hospital details the correct treatment for testicular cancer.
- NHS information on the symptoms of cancer.
Testicular cancer misdiagnosis can be deeply distressing for all affected by it, and we appreciate you taking the time to read our article.
