By Danielle Jordan. Updated on 11 June 2024. This guide examines who could be eligible to begin a medical negligence claim for cancer misdiagnosed as adenomyosis. It also provides information on the duty of care medical professionals owe to their patients and how failing to uphold this duty can result in patients experiencing avoidable harm.
We will explain what adenomyosis is and how cancer could be misdiagnosed. Additionally, we provide information about how clinical medical negligence compensation is calculated under the two different heads of claim. These aim to address the different impacts, including physical, psychological, and financial, of the avoidable harm you suffered.
Towards the end of our guide, we have included a short overview of the benefits you can experience when beginning your medical negligence claim with one of our experienced solicitors under the specific type of No Win No Fee contract that they can offer.
You can speak to a member of the advisory team at any time of the day or night. They can answer any questions you have about the medical negligence claims process. Additionally, they can check your eligibility to pursue compensation via a free assessment. To get in touch with our team, use the details given here:
- You can call our advisors on 0800 073 8804.
- Complete our “Claim Online” form via this link.
- Use the live chat feature at the bottom of your screen.
Select A Section
- When Could You Claim For Cancer Misdiagnosed As Adenomyosis?
- Why May Cancer Be Misdiagnosed As Adenomyosis?
- What Impact Could Cancer Being Misdiagnosed As Adenomyosis Have?
- Proving Medical Negligence In Cancer Misdiagnosis Claims
- What Could I Claim For Cancer Being Misdiagnosed As Adenomyosis?
- Why Choose A No Win No Fee Medical Negligence Solicitor?
- Read More About Medical Negligence Claims
When Could You Claim For Cancer Misdiagnosed As Adenomyosis?
Medical professionals, whether they work in public or private healthcare, owe a duty of care to their patients. This duty requires that they provide care at the correct standard. Breaches of this duty can result in patients suffering avoidable harm.
To begin a medical negligence claim after your cancer was misdiagnosed as adenomyosis, these eligibility criteria will need to be satisfied:
- You were owed a duty of care by the medical professional providing your treatment.
- The medical professional breached their duty by failing to provide care at the correct standard.
- This failure caused you to experience avoidable harm.
“Avoidable harm” refers to harm that would not have occurred had the correct standard of care been given.
Time Limits When Claiming For Cancer Misdiagnosed As Adenomyosis
In most cases, you will have 3 years to begin your medical negligence claim, as per the Limitation Act 1980. This counted either from the date the incident occurred or from the date of knowledge. The latter is the date you realised that medical negligence had occurred.
In certain circumstances, exceptions to the general 3-year limit can apply, and an extension may be granted. For example, if the party is under the age of 18, or they lack the mental capacity to seek compensation themselves.
To get further guidance on the medical negligence claims time limit, contact one of our advisors. You can reach them at any time using the contact information given above.
Why May Cancer Be Misdiagnosed As Adenomyosis?
According to the NHS, adenomyosis is a condition where the lining of the womb starts to grow into the muscle of the wall of the womb. Whilst there are several types of cancers that affect the female reproductive system, such as cervical and ovarian cancer, we have provided some scenarios below where womb cancer could be misdiagnosed as adenomyosis.
- While performing an ultrasound, a doctor misdiagnoses growths in your womb as adenomyosis and therefore does not refer you for further testing. The growths were cancerous and were able to spread to outside the womb, such as to the ovaries or fallopian tubes due to delayed treatment from being given the wrong diagnosis.
- Administrative errors in the hospital resulted in your biopsy results being mixed up with another patient’s. You were subsequently told the biopsy came back negative and that the mass in your womb wall was adenomyosis when you actually had cancer. This led to your requiring multiple surgical procedures to remove the cancer.
There are a number of other ways in which a cancer misdiagnosis could take place. If your particular circumstances have not been given here, don’t worry, you could still be eligible to claim. Speak to our team today for a cost assessment of your eligibility to begin a medical negligence compensation claim.
What Impact Could Cancer Being Misdiagnosed As Adenomyosis Have?
If cancer has been misdiagnosed as adenomyosis, there could be various physical and psychological impacts.
The cancer could spread due to the delayed diagnosis, for example, to the bladder. This could cause you to receive delayed treatment or more intensive treatment than you would have otherwise.
Additionally, you may suffer psychological harm as a result of the cancer misdiagnosis or the delay in treatment. You could also suffer side effects from treatment for a condition you did not have.
If you would like to discuss the harm you suffered because your cancer was misdiagnosed and find out whether you might have a valid medical negligence claim, please contact a member of our advisory team.
Proving Medical Negligence In Cancer Misdiagnosis Claims
Proving your cancer was misdiagnosed as adenomyosis forms a key part of any medical negligence claim. We have compiled this list of possible evidence you could collect in support of your potential case.
- If someone attended your appointments with you, they could provide a witness statement during the claims process, so be sure to take down their contact information.
- Medical documentation that shows you were not provided with the correct standard of care. This could be, for example, a copy of an ultrasound or the results of any tests that were performed. You could also provide records from your cancer treatment to show you underwent more invasive procedures than you otherwise would have done had you received the correct diagnosis sooner.
- Proof you incurred financial losses as a result of the avoidable harm caused. For example, you could provide payslips to demonstrate any lost income from time taken off work.
Use Of The Bolam Test
In certain medical negligence cases, the Bolam test may be used. This is where selected medical professionals assess the care you received to ascertain whether or not this care met the correct standard.
You won’t be organising this yourself, and the test isn’t used in every medical negligence claim, but if it is used, the findings can be useful evidence for your claim.
In order to begin a medical negligence case, you have to demonstrate that the care you received fell below the correct standard and you experienced avoidable harm because of this. While you may be dissatisfied with the level of care you received, if the correct standard was met, you cannot claim.
One of our medical negligence solicitors could help with the collection of evidence. They have years of experience. Contact our advisors today for a no-cost assessment of your particular circumstances. If your claim is valid, they could connect you with one of our solicitors, who could not only assist you with collecting a thorough body of evidence but ensure your claim is brought within the relevant time limit. Contact our team today using the details given below.
What Could I Claim For Cancer Being Misdiagnosed As Adenomyosis?
If your medical negligence claim for cancer being misdiagnosed as adenomyosis succeeds, you will receive a medical negligence compensation payout. This payout can be comprised of two different heads of claim:
- General damages, which award for the physical and psychological impacts of the avoidable harm caused by the breach of duty.
- Special damages, which award for the financial losses stemming from the avoidable harm you experienced due to the breach of duty.
Those tasked with calculating a potential value for general damages can refer to your medical evidence alongside the figures from the Judicial College Guidelines (JCG). This publication lists the guideline compensation brackets for various illnesses and injuries.
The table below provides a few figures found in the JCG that could be relevant to misdiagnosed cancer. In addition to these figures, we also look at an amount to demonstrate how you could be awarded if your cancer spread to multiple organs and special damages. This figure is not from the JCG.
Compensation Table
Please note that the JCG figures in this table are guideline brackets, not guaranteed payouts.
| Injury | Severity | Guideline Compensation |
|---|---|---|
| Multiple Severe Illnesses and Special Damages, Such As Lost Wages | Very Serious | Up to £500,000+ |
| Female Reproductive System | Infertility caused by injury or disease (a) | £140,210 to £207,260 |
| Permanent sexual dysfunction (b) | £52,490 to £124,620 | |
| Infertility without aggravating features (c) | £68,440 to £87,070 | |
| Infertility without sexual dysfunction or medical complication (d) | £21,920 to £44,840 | |
| Infertility in an older person (e) | £8,060 to £22,800 | |
| Lungs | Serious | £122,850 to £165,860 |
| Lung Cancer | £85,460 to £118,790 | |
| Spleen | Loss of Spleen | £25,380 to £32,090 |
Special Damages
As said above, any financial losses that stem from medical negligence could be recovered under special damages. Examples of costs you could claim for include:
- Lost earnings.
- Home adaptation costs.
- Domestic care and support costs.
- Travel costs.
- Medical expenses.
Claiming special damages requires supporting evidence, so it is important to retain copies of any documents (your payslips, travel tickets, prescriptions) that show you incurred costs as a result of the harm caused.
It is important to reiterate that the compensation amounts in this section are only a guide. To get a more detailed estimate of the total value of compensation for your potential claim, contact our team today using any of the information given below.
Why Choose A No Win No Fee Medical Negligence Solicitor?
Your first step to starting claim for cancer that was misdiagnosed as adenomyosis is to speak to one of our advisors. They can assess your particular circumstances and address any concerns you may have.
If our team decides you have a valid claim, one of our solicitors specialising in medical negligence cases offer to take up your case under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee contract that presents claimants with notable benefits, including:
- No upfront fee for the solicitor to commence work on your claim.
- No fees for this work as your claim moves forward.
- No fee for their services if the claim fails.
Following a successful claim, you will receive medical negligence compensation. The solicitor will deduct a percentage amount of this compensation as their success fee. Due to a legal cap applying to this success fee, you will keep the majority of any compensation award.
You can speak to one of the advisors from our team 24 hours a day, 7 days a week. They’re available with free advice about the medical negligence claims process. Additionally, they can assess your eligibility to begin a compensation claim. To speak to a team member, use the details given here:
- You can call our advisors on 0800 073 8804.
- Complete our “Claim Online” form via this link.
- Use the live chat feature at the bottom of your screen.
Read More About Medical Negligence Claims
You can see some of our other medical negligence claim guides here:
- Read about how to claim for an ovarian cancer misdiagnosis and what evidence you can collect to support your claim.
- Find out who could be eligible to start a lung cancer misdiagnosis claim.
- Learn more about the eligibility criteria to begin a leukaemia misdiagnosis compensation claim.
We have also provided some relevant links to external sites:
- Read more about good medical practice with this resource from the General Medical Council.
- Information on the NHS Constitution for England on the Government website.
- Learn more about the Patient Advice and Liason Service (PALS) from the NHS.
We appreciate you taking the time to read our guide on starting a claim for cancer being misdiagnosed as adenomyosis. Our team of advisors can answer any questions you may have as well as offer a free consultation regarding your eligibility to claim. Use the contact information above to speak to a member of the team.
