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Lung Cancer Misdiagnosis Compensation Claims Solicitors

When we go to the doctor, hospital or a medical professional, we expect that they will use their skills and knowledge to diagnose us quickly and accurately. While this happens for many patients, some are subject to mistakes, errors or other forms of substandard care. If you think this has happened to you or a loved one, this guide about lung cancer misdiagnosis claims will aim to answer any questions you may have about making a medical negligence claim.

Lung Cancer Misdiagnosis Claims – Key Takeaways

    • If you have received substandard medical care and this harmed you, you could be eligible for compensation.
    • Compensation can cover physical harm, psychological harm and financial losses.
    • You generally have 3 years to claim from when you realise that you suffered this harm.
    • There are many ways that a lung cancer misdiagnosis could happen, but not all of them will lead to a successful claim.
    • Our expert medical negligence solicitors can help you on a No Win No Fee.

Keep reading, or speak to our advisors at any time, 24 hours a day, 7 days a week:

Doctor holds patient's hand as they sit up in hospital bed to cough.

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Am I Eligible To Make A Lung Cancer Misdiagnosis Claim?

You can make a misdiagnosis claim if you can prove medical negligence. The criteria are:

      • You were owed a duty of care by a medical professional.
      • A healthcare professional failed to provide you with the minimum standard of acceptable care and, in doing so, breached their duty to you.
      • This breach caused you avoidable harm.

Medical professionals owe a duty of care to everyone they treat, so this part of the criteria is automatic. Determining if the duty has been breached involves proving that the care you received was below the minimum accepted standard. Some things that can be considered to help show the correct standard was not met can include:

Meeting the correct standard could include:

      • Listening to a patient’s symptoms and medical history in sufficient detail.
      • Performing necessary tests such as blood tests, X-rays or other scans. This should also be in the correct time frame, as these can be required urgently in some cases.
      • Enquiring about relevant symptoms such as weight loss, fatigue or coughing up blood.
      • Correctly interpreting test results and making sure that errors or mistakes do not happen.
      • Following up on test results.

Not every case of lung cancer misdiagnosis will be negligent. Each case will be different and turn on it’s facts. If you think you may have a claim but are unsure, we offer a free case assessment, and there is no obligation to proceed. You have nothing to lose by finding out if you are eligible to claim. Use the details above to speak to our advisors to learn more.

Average Payouts For Lung Cancer Compensation

A common question about medical negligence claims is about the “average” compensation. Because claims vary so much, an average would tell you very little. However, we can tell you how general damages, the part of a claim that compensates for pain and suffering, would be calculated.

The Judicial College Guidelines (JCG) provide suggested compensation brackets for different types of harm. While they don’t guarantee anything, they can give an indication of the level of compensation for certain types of harm or injury. 

Below are some examples of entries from the JCG and their compensation bracket (except the top entry, which is not from the JCG).

InjurySeverity (as per JCG)Amount
Multiple Incidences of Harm and Financial LossVery SevereUp to £500,000 or more
Lung Disease(a)£122,850 to £165,860
(b)£85,460 to £118,790
(c)£66,890 to £85,460
AsthmaSevere and Permanent Disabling Asthma£52,550 to £80,240
Chronic Asthma£32,090 to £52,490
Bronchitis and Wheezing£23,430 to £32,090
Injuries Resulting In DeathFull Awareness£15,300 to £29,060
Followed by Unconsciousness£12,830 to £13,020
Immediate Unconsciousness/ Death after Six Weeks£4,590 to £5,360

Factors That Can Affect Your Payout

We will look at how financial losses can be added to lung cancer misdiagnosis claims in the next section, but there are other factors that can influence the size of any payout. These can include:

      • How severe the harm is. As you can see from the table above, harm that is of a more serious nature will be reflected in a higher payout.
      • Loss of amenity (loss of enjoyment of life). Those who have had more of their life impacted, e.g. they have had to give up a hobby they loved because of the harm caused, can be awarded higher general damages to reflect this.
      • You may have suffered some harm even if the negligence did not happen. The defendant only has to compensate you for the harm they caused you. This is determined by medical evidence.
      • Whether the other side accepts fault or fights your claim. If your claim is disputed, then you may choose to settle without the risk of going to court and failing to win, which might mean your payout is lower.
      • The approach the parties take to negotiation. You may decide you want to settle the case quickly for personal reasons and decide to accept an offer that is less than the full value of your claim.

Special Damages And How They Relate To Your Claim

Special damages compensate for financial losses you can prove were caused by negligent medical treatment. For example:

      • Professional counselling.
      • The cost of travel to and from chemotherapy.
      • Domestic help or care and assistance.
      • Money to cover any accessibility adjustments needed for your home.

You can also claim for loss of earnings if you can show you couldn’t work because of a negligent lung cancer misdiagnosis. Evidence of this might include a medical report saying why you had to take time off and past payslips showing how much you usually earn.

How To Use Our Medical Negligence Compensation Calculator

You can use our medical negligence compensation calculator to get an estimate of the level of compensation that your case could be worth. It will ask questions about your case and the harm you have suffered to provide its estimate. It is just a tool for guidance and does not give a guaranteed or certain compensation figure.

Our skilled medical negligence solicitors can help value your claim if you are eligible. They can make sure that the correct amount of compensation is claimed by adding all losses that are applicable to the case. You can reach out to an advisor to see if you are eligible to start a medical negligence case today. Our details are at the top of this guide.

Doctor sits with patient in bright room as they diagnose lung cancer.

Common Reasons Why Lung Cancer Is Misdiagnosed

Lung cancer misdiagnosis can occur at any stage in the healthcare process, from initial checkups to patient aftercare. Here are some ways it could happen:

      • A failure to recognise symptoms – The medical professional may fail to take note (or enquire about) common symptoms that would lead to the correct diagnosis of lung cancer.
      • A failure to refer – A doctor might mistake lung cancer for another condition and fail to make a timely referral, causing an overall poorer prognosis for the cancer.
      • Incorrect test results – a patient could have their X-ray mixed up with another patient, and they are incorrectly diagnosed with bronchitis instead of lung cancer.
      • Incorrect diagnostics -The wrong diagnostic test was performed despite a clear need for the correct test to be administered.
      • A failure to act – A doctor could become distracted and fail to take action on the basis of test results. They could misplace the results, and several months pass before the error is picked up.

It is important to remember that for any of the above examples to lead to a claim, the care received must have fallen below the minimum standard expected. This list is not exhaustive, and there are other potential ways that negligence could occur. Contact us if you have any questions about your specific circumstances.

The Implications Of Lung Cancer Misdiagnosis

According to a 2024 Parliament research briefing, a diagnosis of lung cancer is one of the most dangerous. Fewer than half of afflicted people survive for more than a year. Fewer than a quarter survive for more than five.

The earlier it is caught, the better the prognosis tends to be. 90% of people diagnosed with stage 1 lung cancer survive for a year or more. At stage 4, the year survival rate falls to 21%. Correct and early diagnosis is key, while false or delayed diagnosis can be fatal.

A lung cancer misdiagnosis can prolong suffering by delaying the correct treatment. Negligent treatment can also allow cancer to develop to the next stage or even spread to other parts of the body.

How To Claim For A Wrongful Death Following Lung Cancer Misdiagnosis

If you have lost a family member or loved one due to medical negligence, you could potentially claim compensation.

Under the Law Reform Miscellaneous Provisions Act 1934 the deceased’s estate can claim for the pain and suffering experienced prior to death. Under the Fatal Accidents Act 1976 (FFA), those who qualify as a dependent can claim compensation for financial loss following the death of a loved one.

A dependant is defined in the FAA to include the following:

      • A wife, husband or civil partner (past or present)
      • A person who lived with the deceased as a spouse or in a spouse-like manner. This must have been for at least two years before death.
      • A child or other descendant of the deceased. This also includes those treated like a child by the deceased.
      • A parent of the deceased or any other ascendant. This includes those treated like a parent by the deceased.
      • A sibling, aunt or uncle of the deceased or any of their children.

You can read more about this topic in our guide about medical negligence causing death, or you can reach out to one of our sensitive and professional advisors.

How To Start A Medical Negligence Claim

You do not need to use a solicitor to start a medical negligence claim, but you may find that it is advantageous to do so.

There is a Pre-Action Protocol for clinical disputes (i.e. for medical negligence cases) that should be followed. This includes steps such as sending a letter of notification and a letter of claim. You could be claiming against the NHS or a private hospital, but the steps taken to claim do not differ. One of our experienced solicitors can handle these things for you if your case is accepted.

To be successful with your case there are some points that you will need to bear in mind, so let us look at some of those now.

Gathering Evidence – Medical Records, Witnesses, And More

You or your legal representatives must prove every part of your lung cancer misdiagnosis claim:

      • You were owed a duty.
      • This was breached.
      • The breach caused you to suffer avoidable harm.

To show each point, you can provide various documents and details:

      • GP records that could show the symptoms you complained of.
      • Hospital records.
      • Scan results and other diagnostic tests.
      • Expert testimony about the standard of care you were entitled to expect.
      • Witness contact details so a legal professional can take a written statement to support your case.
      • Receipts and invoices showing related financial losses.
      • Wages slips to prove loss of earnings.

Chest x-ray on which lung mass is highlighted in red.

How Long You Have To Begin A Claim

Under the Limitation Act 1980, you have three years to start a claim. This is usually from the date the negligence happened, although it could be several months before you realise that you suffered a negligent cancer misdiagnosis. In this case, you would have three years to start your claim from when you reasonably knew that you had suffered harm and that negligence had happened. This is called the date of knowledge.

If you are claiming for a deceased loved one, then the time limit is normally three years from the date of death to begin the case. This can also be three years from the date of an inquest that revealed medical negligence as the cause of death.

Other exceptions to the three year time limit are for minors (those under 18) and those who lack mental capacity to claim. Neither of these groups can bring their own claim and have to wait until they are 18 or until they regain mental capacity, respectively. The three year time limit starts to run at these points.

A litigation friend can be used to start a claim for a minor or someone lacking capacity before the timit starts to run. This is a suitable adult who runs the claim for them. It is usually a parent or guardian but does not need to be a family member.

No Win No Fee Agreements

Our expert medical negligence solicitors can help you on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). Under a CFA you:

      • Do not pay your solicitors fees prior to your case starting, as it progresses or if it fails.
      • Have a percentage of the compensation deducted to pay a success fee to your solicitor if you win your case.
      • Keep the majority of the compensation as the success fee has a legal cap on a percentage basis.

How Long It Can Take To Get A Compensation Payout

The timeline for medical negligence claims varies from months to years, depending on the type, complexity, and parties involved.

It is impossible to be more precise without knowing the exact circumstances of each case. If you wish to discuss this further, we recommend contacting our advisors using the details above. They can also answer questions about any part of this guide.

Lawyer reviews lung cancer misdiagnosis notes at desk featuring scales of justice.

Why Choose Legal Expert For Your Claim?

The solicitors at Legal Expert are leaders in their field. They have several decades of experience standing up for cancer misdiagnosis claims, and they can use that expertise to:

      • Draft an effective Letter of Claim.
      • Gather the best evidence available.
      • Negotiate with your best interests in mind.
      • Provide expert legal advice every step of the way.
      • Strive for the maximum possible settlement.

There’s no reason to wait to start a claim. Contact our advisors today for a free initial assessment with absolutely no obligation.

More Information

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