Last updated 10th October 2024. This guide outlines when you could make a compensation claim for a testicular cancer misdiagnosis. Misdiagnosis could happen for various reasons. Therefore, throughout this guide, we will explain the eligibility criteria that must be met to bring forward a medical negligence claim and the time limitations you must adhere to.
Furthermore, we will explore the various evidence that could be provided to support your case and the two potential types of compensation that you could be eligible to receive for a medical negligence claim. As well as this, our guide discusses working with a solicitor under a No Win No Fee agreement and how this could benefit you and your cancer misdiagnosis claim.
Please continue reading for more information about when you could claim for the misdiagnosis of testicular cancer. If you would like to make an enquiry about your claim, you can speak with one of our advisors. They are available 24/7 to discuss your claim and offer free legal advice.
You can get in touch in the following ways:
- Call us on 0800 073 8804
- Contact us by completing and submitting our form
- Use our live support feature below to receive advice
Contents
- Can I Make A Testicular Cancer Misdiagnosis Claim?
- Types Of Testicular Cancers
- How To Prove Medical Negligence For A Cancer Misdiagnosis
- Estimated Testicular Cancer Misdiagnosis Payouts
- No Win No Fee Testicular Cancer Misdiagnosis Claims
- Learn More About Claiming For Misdiagnosed Cancer
Can I Make A Testicular Cancer Misdiagnosis Claim?
You may have valid grounds to start a claim for a testicular cancer misdiagnosis if you have experienced medical negligence. This is defined by the following criteria:
- You were owed a duty of care by a medical professional.
- They breached this duty.
- This breach led to you suffering avoidable harm. This could be physical, psychological, or both.
All medical professionals owe their patients a duty of care. This means they are required to deliver the correct standard of care. If they fail to do this, it would be a breach of their duty. This could lead to avoidable harm, for which you may be eligible to make a medical negligence claim.
If there was a breach of duty of care, but no avoidable harm was suffered, you can not claim. The breach must have resulted in avoidable harm. Similarly, if a medical professional did provide you with the correct standard of care but misdiagnosed you due to other factors, such as you not explaining all of your symptoms, you may not be eligible to claim.
For advice on whether you could have valid grounds to make a medical negligence claim for a testicular cancer misdiagnosis, please speak to one of our advisors.
What Is The Limitation Period For Medical Negligence Claims?
When making a medical negligence claim following a testicular cancer misdiagnosis, it is important to consider the time limits laid out by the Limitation Act 1980. Generally, you will have three years to begin a compensation claim from the date of the medical negligence or from the date of knowledge, which can be when you learned of negligence in connection to the harm you sustained.
There are some exceptions to the time limits described above. If you would like to enquire about these in connection to your claim, please contact a member of our team.
Types Of Testicular Cancers
The NHS explains that the most common type of testicular cancer is called germ cell testicular cancer. This can be further categorised into subtypes, such as seminomas and non-seminomas. Testicular cancer tends to affect men of a younger age group in comparison to other cancers.
Cancer Research UK provides information on the multiple stages of testicular cancer, explaining that over time it can potentially spread to other organs in the body, such as the liver, lungs and the brain. Therefore, it is important to receive treatment as early as possible. Receiving the appropriate treatment could be delayed by a misdiagnosis.
How To Prove Medical Negligence For A Cancer Misdiagnosis
Providing evidence of medical negligence will be necessary when claiming for the misdiagnosis of cancer. Examples of this include:
- Medical reports
- A treatment plan
- A copy of test results
- Prescriptions
- Witness contact details
In addition to these forms of proof, the Bolam test could be used to evaluate whether you were provided with the correct level of care by a medical professional. This is a test by which a panel of other relevantly trained medical professionals assess the standard of care provided to you. The findings from this assessment could support your claim.
Medical negligence solicitors can help in the acquiring and compiling of evidence. Speak to our advisors for free legal advice relating to the evidence you could obtain to support your claim.
Estimated Testicular Cancer Misdiagnosis Payouts
There is no set estimated payout for a successful testicular cancer misdiagnosis claim, because every claimant has unique circumstances. However, we can explain how medical negligence compensation is calculated.
If your claim is successful, there are two heads of claim that could possibly make up your compensation. These heads of claim are known as general and special damages.
General damages, awarded in all successful claims, compensates you for the physical and psychological impacts of your testicular cancer misdiagnosis. Some factors looked at include:
- How long it will take you to recover.
- The pain of your avoidable harm.
- Loss of amenity.
Your independent medical reports, and the Judicial College Guidelines (JCG) are two documents that can help legal professionals and others involved in valuing claims evaluate your general damages.
The JCG contains guideline compensation figures for various illnesses and injuries.
Guideline Compensation Table
To create the table below, we have taken some types of harm from the JCG relating to testicular cancer. Apart from the first figure, we have also taken the accompanying guideline compensation figures from the JCG.
Please keep in mind that every claimant has unique circumstances. So, none of these figures can be guaranteed for your specific potential testicular cancer misdiagnosis claim.
| Type of Harm | Guideline Compensation Figures |
|---|---|
| Multiple serious types of harm with monetary losses. | Up to £250,000 |
| Male Reproductive System (a) | In excess of £187,790 |
| Male Reproductive System (b) | £140,220 to £181,020 |
| Male Reproductive System (c) | £52,490 to £108,310 |
| Male Reproductive System (d) | £68,430 to £87,080 |
| Male Reproductive System (e) | £21,920 to £44,840 |
| Male Reproductive System (f) | £24,490 to £27,560 |
| Male Reproductive System (g) | £8,070 to £22,800 |
| Psychiatric Damage Generally (a) | £66,920 to £141,240 |
Are Special Damages Awarded In Medical Negligence Claims?
Special damages, awarded in some successful claims, compensates you for the financial impacts of your testicular cancer misdiagnosis, like:
- Any (past and future) loss of earnings for needing time off work due to your avoidable harm.
- Travel expenses to and from the hospital.
- Professional and domestic care costs.
Providing evidence for this head of claim is highly advisable. So, keep all receipts, bank statements, invoices, and payslips you have.
To learn more about how your medical negligence compensation could be valued, please contact us.
No Win No Fee Testicular Cancer Misdiagnosis Claims
If you choose to work with a solicitor for your testicular cancer misdiagnosis claim, they may offer you to proceed under a type of No Win No Fee agreement. They could propose one of the types of these arrangements called a Conditional Fee Agreement (CFA).
When entering this agreement, a solicitor will not charge you for the services they provide upfront, if your claim is unsuccessful or for the time period your claim is ongoing.
Alternatively, if your claim is successful, your solicitor can take a small amount of the compensation. This is commonly referred to as a success fee. You and your solicitor will discuss this before you enter into the agreement. Additionally, the Conditional Fee Agreements Order 2013 legally caps the percentage that can be taken from your award under this type of arrangement.
To learn more about No Win No Fee agreements, please contact us. We can provide a free consultation to allow you to discuss any questions you may have with one of our advisors, who can access our specialist solicitors.
To contact our team, please:
- Call us on 0800 073 8804
- Claim online via our contact form
- Refer to our live support feature below
Learn More About Claiming For Misdiagnosed Cancer
Please find more of our guides listed below:
- When Could You Claim For Pancreatic Cancer Misdiagnosis?
- Claiming Compensation For Delayed Treatment
- Wrong Medication Claims – What Are My Rights?
- If you’d like to learn more about cervical cancer misdiagnosis compensation claims, head here.
For further information, please visit the resources below:
- Testicular Cancer Diagnosis – NHS
- Chemotherapy – NHS
- Testicular Cancer Statistics – Cancer Research UK
More Medical Negligence Guides:
- Learn how to claim for a tummy tuck gone wrong with our helpful guide.
If you have anymore questions regarding when you could claim compensation for a testicular cancer misdiagnosis, please speak to a member of our team using the details provided in this guide.
