By Cat Stardew. Last Updated 13st June 2023. 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:
Select A Section
- Am I Eligible To Claim For A Cancer Misdiagnosis Payout?
- Cancer Misdiagnosis Statistics
- Average Payout For Cancer Misdiagnosis – Do I Need Evidence?
- 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
The misdiagnosis of cancer can have severe and long-lasting consequences, affecting both your mental and physical health. If your cancer was misdiagnosed, you may be wondering if you can start a claim.
In order to be eligible to make a medical negligence claim for a cancer misdiagnosis, you must be able to prove that:
- A medical professional owed you a duty of care.
- This duty was breached.
- Because of this, you experienced unnecessary harm. Together, this is known as medical negligence.
All medical professionals owe their patients a duty of care. Per this duty of care, they must provide a minimum standard of care. If they fail to meet this minimum standard, and this results in a cancer misdiagnosis that causes you to suffer harm, then you may be able to make a medical negligence claim.
To find out if you could be eligible for a cancer misdiagnosis payout, or to get more information on the cancer misdiagnosis claims process, get in touch with our team. Our friendly advisors can offer a free consultation, through which they can offer more information.
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.
With a cancer misdiagnosis, a doctor telling a patient they don’t have cancer when they do isn’t the only form of misdiagnosis. They could also be told that they have cancer when they don’t.
This could be an example of medical negligence if they undergo treatment that causes harm, such as chemotherapy. Should the patient be able to prove that they have suffered due to medical negligence such as this, then they could claim compensation.
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
Evidence is essential if you wish to receive a cancer misdiagnosis payout. We have featured below a few examples of evidence you might consider collecting to improve your chances of having your medical negligence claim settled:
- A report from your doctor or a medical professional
- Hospital records
- Notes you have made regarding the pain or suffering you have experienced
- Proof of any special damages, such as bank statements, invoices or receipts
After a cancer misdiagnosis, compensation amounts can be influenced by the evidence you have. If you have any questions about what evidence would work best for your specific claim, get in touch with our advisors at any time.
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. This should be used as a guide as the amount you receive might vary depending on your circumstances.
|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.
How Cancer Misdiagnosis Compensation Amounts Can Vary
We can’t give the average payout for a cancer misdiagnosis because there are so many factors that could influence how much a claim is worth so this figure might not be useful to you. For example, the severity of the harm you were caused and the value of any special damages might affect the value of your settlement.
Get in touch if you have any questions, including, “what is the average payout for medical negligence in the UK?”
Free legal advice about the average payout for a cancer misdiagnosis is available from our advisors.
If you have evidence that you experienced medical negligence at a private healthcare facility or a publicly funded one such as the NHS, a misdiagnosis of cancer could potentially be claimed for. However, you would need to prove that a medically trained professional breached the duty of care they owed you and caused you avoidable harm.
However, you may be concerned about the costs of hiring legal help. If this is the case, we recommend you consider seeking a No Win No Fee solicitor.
A No Win No Fee solicitor could offer you a Conditional Fee Agreement, meaning you are not required to pay them upfront for their work. If they help you receive a cancer misdiagnosis payout in a successful claim, a success fee would be deducted from this for your solicitor. This is a legally capped percentage; it cannot be more than 25% of your compensation.
If you do not receive your payout, you would not have to make an out-of-pocket payment for their services, nor would you pay the success fee.
Please reach out to a member of our team to learn more about how to work with a No Win No Fee solicitor or for answers to questions such as ‘what could NHS cancer misdiagnosis payouts include?’. 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