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How To Claim Ovarian Cancer Misdiagnosis Compensation

This is our guide on when it could be possible to claim compensation for an ovarian cancer misdiagnosis. 

A medical negligence claim for ovarian cancer misdiagnosis could be made in relation to either incorrectly receiving a diagnosis of cancer, or being given a cancer diagnosis when you are not actually suffering from the disease at all. Either circumstance could lead to a claim if you’ve suffered harm and can support it with evidence. There is a section in this article on evidence that can be helpful to gather.

You’ll also find information on various kinds of ovarian cancer, as well as how compensation for an ovarian cancer misdiagnosis is calculated.

Get in touch today to check your eligibility to claim and to find out how our No Win No Fee solicitors could help you. All initial advice and information is free of charge, as is the process of getting in touch.

ovarian cancer misdiagnosis compensation

Select A Section

  1. When Could You Claim For Ovarian Cancer Misdiagnosis?
  2. Types Of Ovarian Cancer
  3. How Do You Prove A Claim For Misdiagnosis Of Cancer?
  4. Estimating Ovarian Cancer Misdiagnosis Payouts
  5. Start Your Medical Negligence Claim With A Specialist Solicitor
  6. Learn More About The Misdiagnosis Of Cancer

When Could You Claim For Ovarian Cancer Misdiagnosis?

It’s important to be aware of when an ovarian cancer misdiagnosis can lead to a valid medical negligence claim. There are certain criteria that your claim must meet. We’ve listed them below:

  • Duty of care – Every healthcare professional owes each of their patients a duty of care. That means if you’ve been examined or treated by one, then they owe you this duty. In short, it means the care they provide you with must reach a certain acceptable standard. In short, good medical practice must be carried out.
  • Breach of this duty – If the standard of care that a doctor provides you with falls short of the required standard, this is known as a breach of their duty of care. For example, your doctor may have misdiagnosed a benign ovarian cyst as cancer. However, a breach of this duty on its own does not necessarily mean you have a valid claim.
  • Harm caused – As a result of an ovarian cancer misdiagnosis, you must have also suffered harm. This could occur in a variety of instances. For example, if you do not have cancer but are told you do, then you could receive unnecessary and unpleasant treatment such as chemotherapy. There could also be a psychological impact. Inversely, your cancer could spread if you’re told you do not have cancer when you do. A lack of treatment may result in your condition deteriorating.

The three criteria above form the basis of what is called medical negligence. If you can prove medical negligence caused you harm, then you could be owed compensation.

How Long Do You Have To Claim For Ovarian Cancer Misdiagnosis?

With any cancer misdiagnosis claim, it’s important to be mindful of how long you have to begin the process of taking legal action. Generally, the Limitation Act 1980 tells us that you must begin a medical negligence claim within 3 years. However, the start date of this time limit can be quite fluid in some circumstances.

This is because you can be initially unaware that you’ve been misdiagnosed. However, you can use the date you become aware of your health being affected by a misdiagnosis as the start of this time limit. This is known as the date of knowledge. Evidence can be used to support this date.

The Limitation Act 1980 also allows for other exceptions to this limitation period. Get in touch with our advisors today to find out more.

Types Of Ovarian Cancer

“Ovarian cancer” can be used as an umbrella term. There are actually a few different forms of cancer that can affect the ovaries. Here are a few examples:

  • Borderline ovarian tumours.
  • Sex cord stromal tumours.
  • Germ cell ovarian tumours.
  • Epithelial ovarian cancer.

The form of ovarian cancer you have does not impact your claim eligibility. If it has been caused or made worse by an avoidable misdiagnosis, then this is what is more important when it comes to whether or not you’re owed compensation.

According to the NHS, there are certain symptoms of ovarian cancer that can be helpful to watch out for:

  • Back pain.
  • Swelling in the area of the tummy.
  • A bloated sensation.
  • Vaginal bleeding (post-menopause).
  • Weight loss without effort.
  • Fatigue that lasts all day.
  • Reduced appetite.
  • A change in the frequency of your urination.
  • Tenderness near the pelvis.

The list above is not exhaustive. It’s also important to note that we are not medical experts. If you have questions or concerns regarding your health, we advise that you seek the help or advice of a medical professional.

However, you can reach out to us with any questions about making an ovarian cancer misdiagnosis claim.

How Do You Prove A Claim For Misdiagnosis Of Cancer?

A medical negligence claim following an ovarian cancer misdiagnosis needs to be supported by evidence. We’ve compiled a short list below of what you could acquire. It’s important to bear in mind that this list is not exhaustive.

  • Scan/test results – For example, a scan could be misread by a medical professional. In this instance, ovarian cancer may be mistaken for an ovarian cyst. This original scan can be shown to other medical professionals as part of the claims process so they can give their opinion on whether the misdiagnosis was justified.
  • A written account – Keep note of anything that happens regarding your treatment and misdiagnosis. This may not be enough on its own but could be especially effective when your version of events is lined up with other forms of evidence.
  • Letters from the hospital or doctor – when you receive treatment you’ll be provided with discharge letters or documents outlining the issues and what treatment you will receive. These documents can contain useful information when making a medical misdiagnosis claim. 

You may also be invited to be assessed by an independent medical professional as part of the claims process. This can assist in the valuing of your claim, as well as serving as important evidence in establishing liability. 

Using this evidence, your solicitor will conduct an assessment called The Bolam Test. This is when other medical professionals are consulted to determine whether your treating doctor acted negligently.

Get in touch today for more information on how you could support a claim for ovarian cancer misdiagnosis.

Estimating Ovarian Cancer Misdiagnosis Payouts

How much compensation you receive for harm caused by an ovarian cancer misdiagnosis is always calculated on a case-by-case basis. The amount your claim is worth depends on factors such as how severe the harm is, the level (or possibility) of your recovery, and whether or not the cancer has spread to other parts of the body. For example, ovarian cancer can spread to the liver, spleen, and even lungs.

The part of your compensation claim that accounts for your pain and suffering is called general damages. Legal professionals will often make use of resources such as a publication called the Judicial College Guidelines (JCG) to assist in their calculations. The JCG was last updated in 2022. It contains figures detailing how much successful past court cases have been worth.

JCG Table

We’ve included some example figures below. Use them as a guide only, as your circumstances will inform how much your claim is worth.

Edit
Injury Description Amount
Female reproductive system Infertility with severe depression and sexual dysfunction. Pain and scarring are also amongst the factors that are taken into account. Higher amounts tend to be awarded when there have been medical complications of a significant nature. £114,900 to £170,280
Female reproductive system Although the person would not have had children in any event, there is sexual dysfunction that is likely to be permanent. £43,010 to £102,100
Female reproductive system In the case of a young person with no children. They will be left infertile, but there will be no sexual dysfunction or aggravating features. £17,960 to £36,740
Female reproductive system The claimant will already have children, but will be left infertile. There will be no sexual dysfunction, but there may be a psychological reaction. £17,960 to £36,740
Female reproductive system The indvidual would not have had children in any event. For example, age may be a factor. However, they are left infertile. £6,610 to £18,680
Spleen (a) The organ is lost. As a result, there is an ongoing risk of damage to the immune system. £20,800 to £26,800
Spleen (b) The spleen is also lost in this instance, but the associated risks are minimal. £4,350 to £8,640
Lungs (a) In severe cases, a lung may be removed. £100,670 to £150,110
Lungs (f) Some breathlessness, but the ability to work will not be impacted. £10,640 to £20,800
Mental anguish (E) When you are incorrectly told that your lifespan has been reduced or you could die. £4,670

Special Damages Awarded For Medical Negligence

You may also be eligible to receive a second head of claim called special damages. This figure can account for the financial impact of the harm you’ve experienced as a result of ovarian cancer misdiagnosis.

Examples can include:

  • Medical costs.
  • Travel costs.
  • Loss of earnings.
  • Care at home.
  • Adaptations to your property.

Make sure you keep hold of evidence such as payslips and receipts to support a special damages claim. And get in touch today for a free valuation of how much your claim could be worth in total.

Start Your Medical Negligence Claim With A Specialist Solicitor

If you choose to pursue a claim with one of our medical negligence solicitors, they can work with you under a Conditional Fee Agreement (CFA). This is a form of No Win No Fee arrangement. With a CFA in place, you do not have to pay your solicitor any upfront fees. This can be helpful for those who feel they cannot afford legal help.

If your claim succeeds, then a No Win No Fee solicitor takes a legally capped percentage from your compensation as their payment. This is called a success fee. Your solicitor would not take this percentage if your claim fails. This means that the financial risk is lower than claiming with a solicitor who doesn’t operate with a CFA in place.

To find out more get in touch with our advisors today. Once they’ve spoken to you and know if you have a valid claim, they could connect you with one of our No Win No Fee lawyers to help you start the process.

Learn More About The Misdiagnosis Of Cancer

Hopefully, now you know more about your eligibility when making a claim for ovarian cancer misdiagnosis. The links below will take you to additional resources that you may find helpful.

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