Bladder Cancer Misdiagnosis Claims

By Stephen Hudson. Last Updated 7th July 2023. If you’ve experienced avoidable harm due to a bladder cancer misdiagnosis, you may be entitled to claim if it occurred due to a breach in the duty of care owed to you. In this guide, we offer advice on how you may be able to claim medical negligence compensation following the misdiagnosis of cancer of the bladder.

This guide will discuss how you could be impacted by the misdiagnosis of bladder cancer and the potential reasons why this condition may be misdiagnosed. We’ll also explain how a healthcare professional may have breached a patient’s duty of care if a misdiagnosis has occurred. And we’ll look at potential compensation payouts if you have valid grounds to claim and the benefits of claiming with a No Win No Fee solicitor.

To make a medical negligence claim today or to learn more about making a claim for bladder cancer misdiagnosis, you can contact our friendly team of advisors. They’re available 24 hours a day, 7 days a week, to answer your questions and provide free advice. To reach our team, you can:

• Call 0800 073 8804
• Use our online contact form
• Message us online through our 24/7 live chat service

Discover More About Bladder Cancer Misdiagnosis Claims In The Sections Below

1. What Is Bladder Cancer? 
2. Cancer Misdiagnosis – How Long Do I Have To Claim?
3. Misdiagnosis Or Late Diagnosis Related To Bladder Cancer
4. What Do Misdiagnosis Claims For Compensation Comprise? 
5. Bladder Cancer Compensation Amounts
6. Bladder Cancer Compensation Claims – No Win No Fee Solicitors
7. Other Links And Medical Negligence Resources

What Is Bladder Cancer?

Bladder cancer is the general term used to describe a medical condition where abnormal tissue growth has developed on the lining of the bladder. It can also spread to the bladder itself.

Bladder cancer is classified by how severe or advanced it is. In cases where cancer has begun to move to other areas of the body, it is called metastatic bladder cancer.

Cancer that’s caught early is often at the stage where the tumour is within the bladder lining.  However, if cancer is diagnosed at a later stage, it may have progressed and spread outside the bladder.

There are many reasons why cancer isn’t caught early. In some cases, it may not have been caused by negligence on the part of a medical professional. However, if your doctor failed to provide the correct standard of care leading to you receiving a misdiagnosis, negligence may have occurred.

For more information on bladder cancer misdiagnosis claims, contact our team on the number above.

Cancer Misdiagnosis – How Long Do I Have To Claim?

In order to claim cancer misdiagnosis compensation amounts, you generally need to adhere to certain time limits. Generally, you need to have started a claim within 3 years of being injured or becoming aware that you have been injured due to medical negligence. You can find this time limit in the Limitation Act 1980.

If you suspect you have bladder cancer, an investigation may need to be carried out to confirm the diagnosis following an original misdiagnosis. If it’s then confirmed, this would be known as the “date of knowledge”, and you could use this as the start of your 3-year time limit.

This time limit can be suspended when the claim involves an injured child. Until they turn 18, they cannot make their own claim. Because of this, a litigation friend can be appointed to claim on their behalf. However, once the child turns 18, they can claim for themselves, and their 3 years would begin from this date.

If the claimant has reduced mental capacity, their time limit is similarly suspended. It only begins if they are ever deemed capable of claiming for themselves. Otherwise, a litigation friend must be appointed to claim for them.

Whether being treated by a private healthcare provider or the NHS, a misdiagnosis of cancer could still affect your health. Make sure you act within your time limit. If you need more information, get in touch today.

Misdiagnosis Or Late Diagnosis Related To Bladder Cancer

Medical negligence occurs when a healthcare professional responsible for your care fails to provide you with the expected standard of care. As a result, you may experience further or avoidable harm. The harm might be an additional injury or a worsening of your original condition.

When it occurs in relation to a bladder cancer case, there could be life-threatening consequences. It could include misdiagnosed bladder cancer or late-diagnosed bladder cancer. For example:

• Misdiagnosed bladder cancer – There are different ways misdiagnosis could happen. For example, a doctor could misdiagnose the type of cancer a patient has or even misdiagnose them with a different type of illness completely. For example, a patient may have received a less severe gallbladder cancer diagnosis instead of the correct severe bladder cancer diagnosis due to a doctor taking incorrect steps to diagnose correctly.

As a result, the patient may have been given the wrong treatment resulting in death due to their cancer spreading to a more severe stage.

• Late diagnosed bladder cancer – You may have visited your doctor after exhibiting clear signs of cancer leading them to arrange an urgent referral for you to receive further tests. However, there may have been unreasonable delays in you receiving further investigation causing your condition to worsen due to receiving delayed treatment.

When a bladder cancer victim’s treatment is delayed, there is a greater chance of it developing into a more severe illness.

Our medical negligence solicitors all have experience handling claims against the NHS and private healthcare facilities responsible for the avoidable or further harm you experienced.

Contact us to find out how we can help you.

How Do You Prove Medical Misdiagnosis?

Medical evidence should be provided in support of bladder cancer misdiagnosis claims, such as:

• Medical records
• Prescriptions
• Referral letters

Evidence such as this may be used to assess whether reasonable steps were taken to provide you with the correct level of care. However, it’s not just evidence that will be considered.

The Bolam test may also be used to determine whether the care you received fell below the expected standard resulting in you experiencing further or avoidable harm. This is often carried out by a group of medical professionals trained in a relevant field.

What Do Misdiagnosis Claims For Compensation Comprise?

When you seek compensation for bladder cancer, the settlement you are offered may be made up of different damages. Both those that deal with the physical and psychological injuries and those that deal with financial losses. These damages include:

• General damages: These compensate you for the pain and suffering of any injuries, both physical and psychological. Also, long-term impacts on your quality of life will be taken into consideration. For example, if you underwent bladder removal surgery, the change to your daily life will be factored into your compensation.
• Special damages: These reimburse you for any past or future financial losses, such as:
  • Medical charges – such as paying for private bladder cancer treatment or having to pay for medication or prescription charges.
  • Care costs – for you or anyone else dependant on you.
  • Loss of earnings – if you have had to take an extended period away from work and lost out on earnings.
  • Travel costs – to have your illness treated and also to deal with aspects of the actual compensation claim.

For more information on what damages you can claim in your case, call our team on the number at the top of the page.

Bladder Cancer Compensation Amounts

Each compensation settlement may vary depending on specific factors unique to your case. For example, the severity of your condition and the extent to which it’s affected your quality of life may be assessed using medical evidence provided in support of your claim.

In addition, a publication called the Judicial College Guidelines (JCG) may also be used to help value your injuries. We have created a table using bracket compensation figures set out by the JCG to give an idea of what you could receive in compensation.

Please only use these figures as a guide.

Alternatively, you could use our medical negligence compensation calculator to get an estimate of your settlement. Again, please only use these figures as a guide as the figure you actually receive will vary.

Bladder Cancer Compensation Claims – No Win No Fee Solicitors

Bladder cancer misdiagnosis claims can be made under a No Win No Fee agreement. These offer several benefits when hiring legal representation including:

• There is no upfront charge to begin a claim
• There are no ongoing charges while your claim proceeds
• You won’t pay solicitor fees if your claim is unsuccessful

If your case succeeds and you do receive a pay-out, your solicitor will take a small success fee from your compensation. The fee is taken as a legally capped percentage and is something you’re made aware of prior to starting your claim.

All of our solicitors work on this basis so if you’re interested in learning more about these types of agreements, see below for how you could get in touch.

For more information, get in touch with our team of specialist advisors on the details below:

• Call 0800 073 8804
• Complete a contact form
• Chat to us using the pop-up on our website

Other Links And Medical Negligence Resources

• See our guide on seeking compensation following a lung cancer misdiagnosis.
• For more information on breast cancer negligence claims, see our guide.
• Some symptoms of ovarian cancer are confused with symptoms of bladder cancer. It’s possible to claim for a misdiagnosis of both, which you can read about here.
• Read our guide on hospital negligence claims.
• For information on proving medical negligence, see our guide.
• Learn more about claiming against a GP for negligence in this guide.
• For more support for living with bladder cancer, visit Macmillan Cancer Support.
• Visit the General Medical Council (GMC) to understand the duty of care you’re owed by doctors registered in the UK.

Thank you for reading our guide on bladder cancer misdiagnosis claims.