By Danielle Jordan. Last Updated 29th February 2024. This is a case study guide about claiming compensation for undiagnosed cancer. In this article, we explore in detail a case of a successful claimant who suffered due to medical negligence.
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Select a Section
- Case Study: £500,000 Compensation For Undiagnosed Cancer
- What’s The Average Payout For A Cancer Misdiagnosis?
- Time Limit For Cancer Misdiagnosis Claims
- What Evidence Can Support A Cancer Misdiagnosis Claim?
- Claim Compensation For Undiagnosed Cancer On A No Win No Fee Basis
Case Study: £500,000 Compensation For Undiagnosed Cancer
This fictional cancer misdiagnosis compensation claim case study focuses on a woman who expressed concern to her doctor about finding a lump in her breast. Instead of referring her for further testing or performing an examination, her GP told her to come back in a month if it was still there.
When she returned, her GP once again failed to refer her for further testing, instead stating that the lump was just a swollen lymph node. Eventually, she decided to pay for a private examination at great financial cost. Her doctor referred her for a mammogram, which revealed multiple tumours in her breast.
This led to a diagnosis of breast cancer, and she underwent a mastectomy. If her doctor had listened to her concerns and referred her for further testing when appropriate, the cancer would not have spread so far, and she may have been able to keep both of her breasts.
After contacting an expert medical negligence solicitor, she was able to put forward a cancer misdiagnosis claim, and was awarded £500,000. This amount contained a payout for the harm she had suffered, as well as to contribute towards a prosthetic breast and to cover earnings she had lost while undergoing treatment.
If you think you could be eligible to make a cancer negligence claim, contact our team of advisors today. Or, read on to learn more about how much compensation you could potentially receive.
What’s The Average Payout For A Cancer Misdiagnosis?
Though there is no average payout for a compensation claim, as each case is assessed individually, this section includes potential compensation amounts that could be awarded in cases of cancer misdiagnosis. The table below shows figures from the Judicial College Guidelines, a document used by legal professionals to help value general damages in personal injury claims.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Brain Damage | Very Severe | £282,010 to £403,990 | The person may be able to follow some basic commands, but they will require full-time nursing care and there will be little if any evidence of any meaningful response to their environment. |
| Kindey | (A) | £169,400 to £210,400 | The complete loss of or serious permanent damage to both kidneys. |
| Kidney | (C) | £30,770 to £44,880 | One kidney is lost with the other suffering no damage. |
| Bladder | (A) | Up to £184,200 | Cases involving double incontinence with the complete loss or natural bowel and urinary function with other medical complications. |
| Bowels | (B) | Up to £150,110 | A complete loss of the natural bowel function, with a dependence on a colostomy depending on the person’s age. |
| Lung Disease | (A) | £100,670 to £135,920 | A serious disability in a young person with progressive worsening and premature death. |
| Lung Disease | (B) | £70,030 to £97,330 | Typically in older claimants. Will cause severe pain and impair quality of life and lung function. |
You could also potentially claim special damages as part of your claim, to compensate you for any specific financial costs relating to your accident or injury. This could include loss of earnings or medical expenses.
Get in touch with our team at any time for more information on what you could claim. Alternatively, you can use our online compensation calculator tool.
Time Limit For Cancer Misdiagnosis Claims
If you are eligible to make a cancer misdiagnosis claim, you must start proceedings before the time limit expires. This is set out by the Limitation Act 1980, which, for medical negligence claims, gives 3 years from the date of the incident or 3 years from the date of knowledge.
This is the date you first realised or would have been expected to realise that medical negligence occurred.
However, in certain circumstances, there are some exceptions to this limitation period. These include:
- Children under the age of 18 cannot bring forward their own claim for cancer misdiagnosis compensation. The time limit is paused until their 18th birthday. Before turning 18, a court-appointed litigation friend can start the legal process on their behalf. If they turn 18 without a claim having been made for them, they will have 3 years from the date of their 18th birthday to file one.
- Those without the mental capacity to handle legal proceedings for themselves have an indefinite suspension applied to the limitation period. During this suspension, a litigation friend can bring forward their claim. Should they regain this capacity without legal proceedings having been started, they will have 3 years from that date to start the process.
Direct any questions you may have about the average payout for cancer misdiagnosis or anything else about the medical negligence claims process to one of our advisors.
What Evidence Can Support A Cancer Misdiagnosis Claim?
If you are seeking cancer misdiagnosis compensation, you will need to obtain sufficient evidence to support your claim. It could help prove that a medical professional breached their duty of care, and you suffered avoidable harm as a result.
Here are a few examples of the evidence that could be useful in a cancer misdiagnosis claim:
- X-ray, scan or test results. For example, if you weren’t sent for the appropriate tests, the cancer could have spread due to a delayed diagnosis.
- A copy of your medical records, which illustrate the harm you suffered as well as the additional treatment you required.
- Witness contact information. For example, you may have brought someone with you to your appointments. They can be contacted at a later date for a statement.
In addition, your medical negligence claim may be put to the Bolam test. This is when a panel of relevantly trained medical experts will examine the actions of the professionals who treated you and judge whether this treatment was negligent.
If you have any questions about what evidence could support your claim, speak with one of the advisors from our team.
Claim Compensation For Undiagnosed Cancer On A No Win No Fee Basis
If you are eligible to make a medical negligence claim for cancer misdiagnosis compensation, you may like to do so with legal representation.
If so, one of our medical negligence solicitors could support your case. They usually use a Conditional Fee Agreement (CFA) to provide their services. This is a type of No Win No Fee agreement.
When your solicitor works under the terms of a CFA, they typically won’t charge for their services upfront. There also won’t be any ongoing service charges.
Furthermore, they also won’t charge you for their work on your case if you’re not awarded compensation following an unsuccessful cancer misdiagnosis claim.
However, if your case has a successful outcome, your solicitor will deduct a success fee from your compensation. This amount is a legally limited percentage.
Contact a member of our team today to see if you could be eligible to work with one of our No Win No Fee solicitors. They can be reached by:
- Calling 0800 073 8804
- Using our live chat.
- Completing our ‘claim online’ form for a callback.
Useful Links On Cancer Misdiagnosis Claims
Below, you can find more useful information on cancer misdiagnosis claims:
Misdiagnosis Of Cancer Claims – Find out more information about making a claim for compensation if you have been misdiagnosed or undiagnosed with cancer.
If you have any further queries about claiming for a cancer misdiagnosis, please don’t hesitate to get in touch with us at any time.
