If you’ve received the wrong or a delayed diagnosis, you might ask yourself ‘what is the average payout for cancer misdiagnosis?’ or ‘can I sue a private hospital or the NHS for a misdiagnosis?’. In this guide, we will look at cancer misdiagnosis and what it is. We explore what could happen if you weren’t diagnosed in a timely manner as the result of negligence.
In addition, we provide examples of potential medical negligence compensation payouts. We also provide a few examples of costs you could recover.
If you would like to claim compensation, you might find the process easier with a solicitor. However, legal representation could prove costly. You could minimise your financial risks with a No Win No Fee arrangement. Information about this sort of arrangement is provided in this guide.
Also, you might like to know how long you have to begin a compensation claim. Time limits are discussed within this article, including what exceptions could apply.
We can’t provide information on the average payout for a cancer misdiagnosis because there is no typical medical negligence claim. However, if you’ve been misdiagnosed because of a breach of duty of care, our advisors can provide an estimation of what you could claim based on your circumstances.
To find out more or start your claim:
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- What Is Cancer Misdiagnosis?
- Cancer Misdiagnosis Statistics
- How Could You Be Harmed By Cancer Misdiagnosis?
- What Is The Time Limit To Claim For A Cancer Misdiagnosis?
- What Is The Average Payout For Cancer Misdiagnosis?
- Learn More About the Average Payout for Cancer Misdiagnosis and How to Claim
Cancer is a condition where diagnosing and treating it in a timely manner is very important. Once cancer starts to spread, the treatments could become more intense while your survival chances could decrease.
Misdiagnosis is where a doctor fails to correctly diagnose your condition. They may mistakenly think that you’re suffering from a condition, or in some cases they can miss your ailment altogether.
When you seek medical attention, you’re entitled to a minimum standard of care. If this standard is not met, and you’re injured, made ill or your condition worsens as a result, you may be able to claim.
The Bolam test might be used in your case to determine whether or not the medical professional treating you was negligent. It involves asking a panel of peers whether they feel the decision made met the acceptable standard of care. If it does not, then the healthcare provider could be considered negligent.
To discuss the average payout for a cancer misdiagnosis, contact our advisors today. They could also connect you with a No Win No Fee solicitor from our panel.
Types Of Negligent Cancer Diagnosis
Cancer misdiagnosis could occur when your cancer is missed. If you present as having symptoms that could be cancer, for example, and your GP fails to refer you to a specialist because of a breach of duty of care, this could lead to a diagnostic delay.
In addition, scans and x-rays could be misread. A mass could be dismissed as non-cancerous from the images, for example, or missed entirely. You could also be given the all-clear after receiving treatment despite the cancer still being there. If this happened as a result of negligence, then you could claim.
To learn about the average payout for a cancer misdiagnosis, contact our advisors.
Cancer Research UK collects cancer-related statistics for the UK. The latest available figures are from 2016 to 2018.
These figures reveal that in this period:
- There were 166,000 cancer deaths
- There were 375,000 new cancer cases
- 38% of cancer cases are preventable
A misdiagnosis of cancer could result in you experiencing harm. You could be harmed either by having treatment you don’t need or conversely by not having the treatment you do need. Delayed treatment could also lead to your condition getting worse than it would have if you’d gotten the right standard of care. A delayed diagnosis caused by medical negligence could result in a wrongful death.
It could also change your treatment. More intensive treatments may be necessary to survive, whereas if it was caught early, you may have been able to undergo treatment that had a less severe impact on your wellbeing. A few examples of the side effects of chemotherapy, which is one of the main treatments used to treat cancer, are included in the section below.
Delayed diagnosis or receiving the incorrect treatment initially could lead to requiring more aggressive treatment. Life-altering side-effects could occur. Chemotherapy, for example, has a long list of potential side effects. These include:
- Nausea and vomiting, which could lead to tooth decay
- Hair loss
- Infections due to a weakened immune system, which could result in death
- Infertility. In some cases, this could be permanent.
- Emotional distress.
Talk to our advisors about cancer misdiagnosis claims and the average payout for cancer misdiagnosis.
A limitation period applies to beginning a claim. Typically, you have three years from the date you became aware that a misdiagnosis resulted from negligence if you are claiming for yourself.
This is set out in the Limitation Act 1980. However, there are some exceptions to this time limit. Exceptions include:
- If you are under the age of 18 at the time of your cancer misdiagnosis, you have three years from the date you turned 18 to begin your claim. A litigation friend can do this for you while you’re under 18, and no time limit applies.
- You are also given three years from the date you recover if you lack the mental capacity to begin a claim. While you’re unable to claim yourself, a litigation friend can do so for you. The time limit resets in the event that you regain the capacity to claim.
Contact our advisors to see if you can begin your cancer negligence claim today. Furthermore, they could connect you with a lawyer from our panel if you have a valid case.
You might find yourself asking ‘what is the average payout for a cancer misdiagnosis?’. There are too many variables in medical and hospital negligence claims to be able to give an average. We can, however, provide you with examples.
If you would like to make a clinical negligence claim then your settlement might consist of two heads; general damages and special damages. We discuss each below.
An independent medical assessment might be required as part of the claims process. This is to gain an understanding of what impact the cancer misdiagnosis has had on you, and can also be used to help value your claim.
The pain and suffering caused by any injuries you’ve received due to negligent cancer treatment, including psychological injuries, come under general damages. To help assign value to your injuries, legal professionals use a document titled the Judicial College Guidelines (JCG). Compensation brackets are listed next to injuries of different severities.
Examples from the 16th edition, published in April 2022, are included in the table below.
|Bowels||Up to £184,200||Loss of natural bowel function with total loss of bladder function.|
|Bowel damage (d)||£44,590 to £69,730||Impairment of function from severe injury resulting in visible scarring, such as from a colostomy.|
|Female reproductive system||£114,900 to £170,280||Infertility with sexual dysfunction, severe depression, anxiety, pain and scarring.|
|Chest injuries (a)||£100,670 to £150,110||Total removal of one lung and/or serious heart damage, leading to permanent scarring and prolonged pain.|
|Bladder damage (c)||£63,980 to £79,930||Some pain and incontinence.|
|Male reproductive system||£56,080 to £71,350||Uncomplicated sterility without impotence or other aggravating features.|
|Kidney damage (b)||Up to £63,980||Total loss of natural kidney function or significant risk of future urinary tract infections.|
|Moderately severe psychiatric damage||£19,070 to £54,830||Significant problems coping with life, however, the prognosis is more optimistic than in more serious cases.|
|Loss of spleen||£20,800 to £26,290||Immune system damage leading to continuous internal infection risk.|
|Scarring||In the region of £8,640||Exploratory laparotomy without discovering illness.|
Special damages are the head of your claim that could recover these costs. In order to claim under special damages, you must be able to supply proof, such as receipts.
You could recover costs for:
- Cosmetic devices, including wigs and specialist makeup to disguise scars.
- Medical aids, which could include specialist treatment to reduce the appearance of scars.
- Lost wages; your loss of earnings could be recovered using your payslips as proof.
- You could also recover travel expenses to and from medical appointments.
Free legal advice about the average payout for a cancer misdiagnosis is available from our advisors.
You might find claiming compensation for a medical misdiagnosis easier with a solicitor. However, hiring a solicitor in the traditional way has historically presented a risk, as you’d be expected to make upfront or ongoing payments without any guarantee of receiving a settlement.
You could minimise this financial risks with a No Win No Fee solicitor, however. Your solicitor could use a Conditional Fee Agreement (CFA). This means that you won’t pay an upfront solicitors fee. Instead, your solicitor will take a legally capped success fee from your award. If your claim isn’t successful, you won’t pay for your solicitors’ services.
Our advisors are waiting to discuss your potential medical negligence claim. They can provide you with an estimate of your general damages alongside discussing what you could potentially claim under the special damages head. Furthermore, if your claim seems eligible they may connect you to our panel of No Win No Fee solicitors.
Discuss the average payout for cancer misdiagnosis today:
Related Medical Negligence Claims
You may find the following links helpful:
- Chemotherapy Guide from the NHS
- Benefits Guide from Citizens Advice Bureau
- Cancer Information from the NHS
And more guides:
- I Was Harmed by GP Negligence, Could I Claim Compensation?
- Wrong Medication Negligence Claims Guide
- Walk-in Centre Negligence – No Win No Fee Claims Guide
Written by DB
Edited by FS