In this guide, we will discuss whether you could be eligible to start a medical negligence claim following a testicular cancer misdiagnosis. There are certain eligibility criteria for seeking compensation, including proving that a medical practitioner breached the duty of care they owed you.
Throughout this guide, we will discuss a medical professional’s duty of care in more depth as well as the steps you could take if you sustained avoidable harm as a result. For example, we will discuss the evidence you could gather to support your potential claim and the time limits you need to be aware of before starting a claim.
Additionally, we will share some examples of the compensation you could receive if your claim succeeds.
Contact one of our friendly advisors today to discuss your claim. They are available 24/7 to offer free legal advice and answer your questions. If they believe that you may be eligible for compensation, they could put you in contact with a solicitor from our panel, who may represent you in your case.
To get in touch, you can:
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- How To Claim For Testicular Cancer Misdiagnosis
- What Impact Could A Cancer Misdiagnosis Have?
- How To Prove Medical Negligence In The UK
- What Am I Entitled To Claim For Testicular Cancer Misdiagnosis?
- Why Choose A No Win No Fee Testicular Cancer Misdiagnosis Solicitor?
- Learn More About Related Cancer Misdiagnosis Claims
Testicular cancer is one of the less common cancers. There are various types, however, some of the symptoms can typically include a painless swelling or lump in one of the testicles or a change in shape or texture of the testicles. If it is left undiagnosed, it could impact a person in different ways. However, you can only claim for a testicular cancer misdiagnosis if you meet the following criteria:
- A medical professional owed you a duty of care.
- This healthcare professional breached their duty of care.
- Due to this, you suffered unnecessary harm. This is known as medical negligence, for which you could be eligible to bring forward a claim.
All medical practitioners owe you a duty of care. This includes doctors, nurses and GP’s. They must ensure you receive the correct standard of care. If a medical professional were to breach this duty of care, this could lead to your testicular cancer being misdiagnosed.
For example, GP negligence could occur if your doctor failed to send you further tests despite your symptoms warranting further investigation. This could lead to you receiving a medical misdiagnosis and delayed treatment for your cancer.
Time Limits On Medical Misdiagnosis Claims
If you are eligible to claim for a misdiagnosis of cancer, there is a time limit that you should be aware of. For most medical negligence claims, you would usually have three years to claim from the date the harm occurred or the date you became aware that the avoidable harm you suffered was caused by medical negligence. This is as per the Limitation Act 1980.
The date of knowledge is more relevant to misdiagnosis claims. Chances are, you’ve attended consultations with doctors in relation to the symptoms you’re suffering from. However, it’s only when you finally received that diagnosis of testicular cancer that you gained knowledge of the condition and that the previous physicians had misdiagnosed you.
In testicular cancer misdiagnosis claims involving children, the time limit may be slightly different. If a minor is avoidably injured due to medical negligence, the three-year limitation period would pause until their 18th birthday.
However, during the time that it is paused an appropriate adult could act as a litigation friend for the child to make a claim on their behalf. If no claim is filed during this time, the three-year limitation period will begin on the injured party’s 18th birthday and they would have three years to file their own claim.
There are also exceptions to the limitation period when it comes to those who lack the mental capacity to claim. To learn how long you could have to file your claim, or to get started, contact an advisor at the number at the top of this page.
If a medical professional were to breach their duty of care, causing you to receive a testicular cancer misdiagnosis, there are various ways this could impact you. For example:
- Your cancer could progress due to not receiving any or the correct treatment, resulting in you needing more aggressive or invasive treatment.
- Cancer could spread to other parts of your body. According to the NHS, testicular cancer could spread to the nearby lymph nodes in your abdomen or lungs. It could also spread to the liver, brain and bones, but this is less common.
- If you are diagnosed with a different condition, you could receive unnecessary medical treatment causing complications.
Remember, not all cases of a cancer misdiagnosis could lead to a claim. For example, if your doctor took all the necessary steps and tests and you were still misdiagnosed, you might not be eligible for compensation.
Do not hesitate to contact our advisors today to discuss your potential claim. They can offer you free legal advice and answer any questions you may have.
There are several steps you can take to prove medical negligence occurred, including gathering evidence, such as copies of medical records. This can include:
- Scans, such as X-rays
- Test results, such as from blood tests
- Letter confirming your diagnosis
In addition to evidence, findings from the Bolam test could also be used to support your claim. This involves a panel of relevantly trained medical professionals assessing whether you received the correct standard of care.
A medical negligence solicitor could help you throughout the process of gathering evidence to put forward a full and complete claim. As such, you may benefit from seeking legal advice from a member of our team. They can assess whether you’re eligible to have a solicitor from our panel work on your case.
Contact our advisors today for further information.
Following a successful testicular cancer misdiagnosis claim, your settlement can consist of general damages. This compensates you for the pain and suffering you have suffered due to medical negligence.
We have created the following table which contains guideline compensation brackets from the Judicial College Guidelines (JCG). The JCG helps legal professionals value the general damages portion of claims.
However, you should only use this table as a guide. The various aspects of your claim could affect how much compensation you receive, meaning it could differ from the amounts listed below.
|Harm||Notes||Guideline Award Bracket|
|Brain Damage||(b) Moderately Severe: The person has a very serious disability that is either cognitive or physical.||£219,070 to £282,010|
|Reproductive System: Male||(a) A complete loss of the male reproductive organs.||In excess of £153,870|
|Reproductive System: Male||(f) An orchidectomy, the removal of the testicles, is carried out causing some psychological impact but there is no sexual function loss or impotence.||£20,070 to £22,580
|Lung Disease||(a) A young person who is seriously disabled where there is a chance of the condition worsening and causing an early death.||£100,670 to £135,920|
|Lung Disease||(b) Lung cancer, typically affecting an older person, causing pain that is severe as well as impairing function and quality of life.||£70,030 to £97,330|
How Are Special Damages Calculated?
If the medical negligence you experienced caused you any financial losses, you could be compensated for these under special damages. This is another head of claim that could be included in your settlement. Some of the losses you could claim back under this head include:
- A loss of earnings
- Medical expenses
- Care costs
- Travel expenses
You must provide evidence of these losses, such as bank statements, payslips or invoices.
Contact our advisors today to discuss your claim for your testicular cancer misdiagnosis. They could help inform you on whether you could be eligible for compensation.
You may want to consider being legally represented in your claim. Our panel of experienced solicitors have experience handling various medical negligence claims, including those for testicular cancer misdiagnosis. They could offer you a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
A No Win No Fee agreement is a way of giving you access to the services a solicitor offers. It typically means the following:
- You don’t have to pay any upfront or ongoing fees to your solicitor for their services.
- You don’t have to pay for the work they have completed on your claim if it is unsuccessful.
- If your solicitor succeeds with your claim, you will pay them a success fee from your compensation. This is subject to a legal cap.
If you have any further questions about making a cancer misdiagnosis claim, do not hesitate to contact our advisors. Our friendly team is available 24 hours a day to offer free legal advice and answer your questions. They could also connect you with a No Win No Fee solicitor from our panel who could represent your claim, provided it’s valid and has a chance of success.
To get in touch, you can:
Some additional guides regarding medical negligence claims:
- Wrong medication negligence claims guide
- Orthopaedic negligence compensation claims
- Stroke misdiagnosis compensation – How to make a claim
- Cancer Research – Testicular Cancer
- Macmillan – Testicular Cancer
- General Medical Council – Raise A Concern About Your Doctor
Do not hesitate to contact our advisors today to discuss your potential testicular cancer misdiagnosis claim.