This guide will explore when you could be eligible to make a medical negligence claim after a hospital failed to diagnose cancer.
Following a delayed diagnosis or misdiagnosis of cancer, there are several ways you could be impacted. For example, your condition can worsen or you could receive treatment for the wrong condition. This guide will explore how the compensation you could potentially be awarded will consider the impact the misdiagnosis or delayed diagnosis has had on your life. You can also learn about how much you may be eligible to receive.
Additionally, this guide will look at what medical negligence is and how it could occur.
Furthermore, we will outline the steps you can take the start the claims process, including the evidence you can collect to strengthen your case.
Please continue reading to learn more. Alternatively, our advisors are available 24/7 to offer free legal advice regarding your potential claim. To get in touch, you can:
- Call on 0800 408 7827
- Fill out the contact form on our website
- Chat with an advisor via the live chat function below.
Choose A Section
- Can I Claim Compensation After A Hospital Failed To Diagnose Cancer?
- What Is A Late Diagnosis?
- What Evidence For A Late Diagnosis Claim Could I Use?
- Compensation After A Hospital Failed To Diagnose Cancer
- When Can I Use A No Win No Fee Solicitor?
- Further Information About Claiming Compensation After A Hospital Failed To Diagnose Cancer
Can I Claim Compensation After A Hospital Failed To Diagnose Cancer?
Cancer is a condition where cells in a specific part of the body grow and reproduce uncontrollably. These cells can spread to surrounding health tissue and organs. If left untreated, cancer can worsen.
However, not all instances of cancer being left undiagnosed will form the basis of a valid claim. You must be able to prove that medical negligence occurred.
Medical negligence involves a medical professional breaching their duty of care and causing avoidable harm to the patient as a result. If you can prove that medical negligence occurred, you may be eligible to seek a settlement.
All medically trained professionals must provide their patients with a minimum standard of care. This is the duty of care they owe. However, it can vary slightly depending on the specific medical discipline of the medical professional. For instance, the General Medical Council outlines the duties of a doctor whereas the Royal College Of Nursing outlines a nurses duty of care.
To learn more about when you could receive compensation if a hospital failed to diagnose cancer, please get in touch on the number above.
UK Cancer Misdiagnosis Statistics
According to Cancer Research UK, there were:
- 375,400 new cases of cancer between 2016-2018 in the UK.
- 167,142 deaths from cancer between 2017-2019 in the UK.
Additionally, the statistics showed that 38% of cancer cases in the UK are preventable.
What Is A Late Diagnosis?
There are several ways a hospital could have failed to diagnose cancer could be delayed. For example:
- Your GP failed to diagnose cancer due to dismissing your concerns and failing to send you for further tests.
- A medical misdiagnosis is given due to a doctor misreading your test results. As a result, you experience delayed treatment leading to your condition worsening.
Not all cases of cancer not being diagnosed can result in a claim for medical negligence compensation. For example, you may have failed to tell a doctor about all your symptoms. As a result, they don’t have all the information necessary to diagnose you correctly. In this instance, they have provided care that meets the correct standard but you are still caused harm. You would not be able to claim for this.
Our advisors can provide you with further information about making a medical negligence claim. Get in touch using the number at the top of the page.
What Evidence For A Late Diagnosis Claim Could I Use?
When claiming for avoidable harm sustained after a hospital failed to diagnose cancer, you can gather evidence to support your case. Evidence can include:
- Prescriptions
- Doctor reports
- Hospital reports
Additionally, the Bolam test may also be carried out. This involves a group of relevantly trained medical professionals assessing your case to determine whether the correct standard of care was met. The findings from this can be used to support your case.
Before making a claim, you must ensure that you are within the relevant time limit. This states that generally medical negligence claims must be started within three years of the date the incident occurred or the date you learned of negligence.
In some circumstances, this time limit is frozen. For example, if the person is under the age of 18 or the person lacks the mental capacity to make a claim themselves. During this time, a suitable adult can apply to the courts to act as a litigation friend and claim on the person’s behalf.
In the case of a person under the age of 18, if no claim is made on their behalf, they will have three years from the date of their 18th birthday to start their own claim. For those who lack the mental capacity to claim, the three years will begin from the date of recovery.
You may also find it beneficial to seek free legal advice from our team of advisors. They can assess the validity of your claim and may connect you with a solicitor from our panel. To learn more, get in touch on the number above.
Compensation After A Hospital Failed To Diagnose Cancer
The hospital negligence payout you could receive can consist of up to two heads of claim. General damages seek to compensate for the harm caused by the incident of medical negligence. Legal professionals can consider different resources to help them value this head, such as your medical records, to help them understand the extent of the harm you experienced.
Additionally, they can use the Judicial College Guidelines (JCG) which contains compensation brackets for different types of harm. We have included figures from this document in the table below. You should only use these as a guide though.
| Harm | Compensation Bracket | Other Details |
|---|---|---|
| Kidney (a) | £169,400 - £210,400 | Both kidneys are seriously and permanently damaged or lost. |
| Kidney (b) | Up to £63,980 | Injuries cause a significant risk of future urinary tract infection or other total loss of kidney function. |
| Bowel (a) | Up to £184,200 | A complete loss of natural bowel function, urinary function and control with other medical complications. |
| Bowel (b) | Up to £150,110 | Total loss of natural bowel function with dependence on colostomy. |
| Bladder (b) | Up to £140,660 | A complete loss of function and control. |
| Bladder (c) | £63,980 to £79,930 | Control is seriously impaired and the person experiences pain and incontinence. |
| Female Reproductive System (a) | £114,900 - £170,280 | Cases of infertility caused by either injury or disease resulting in several issues, such as sexual dysfunction, pain and scarring. |
| Male Reproductive System (a) | In excess of £153,870 | Reproductive organs are completely lost. |
| Lung Disease (a) | £100,670 - £135,920 | Cases where a young person has a serious disability and there is a chance that the condition will worsen over time causing an early death. |
| Lung Disease (b) | £70,030 - £97,330 | Cases of lung cancer, typically in an older person, that causes severe pain as well as impairing function and quality of life. |
Your payout could also consist of special damages. This head of claim reimburses you for financial losses caused by the incident of medical negligence. Example of the losses you could claim back include loss of earnings and care costs. You must provide evidence in order to claim these costs back, such as:
- Bank statements
- Receipts
- Payslips
Contact our advisors today for more information about claiming compensation after a hospital failed to diagnose cancer.
When Can I Use A No Win No Fee Solicitor?
You could work with a No Win No Fee medical negligence solicitor from our panel. They can offer their services under a Conditional Fee Agreement (CFA). This typically means you won’t be required to pay for their services upfront or while the claim is ongoing. Additionally, you won’t pay for the work they do if the claim fails.
In the event that your claim succeeds, your solicitor will take a success fee from your compensation. This fee has a legal cap.
Contact our advisors today to learn more about working with a solicitor from our panel on a No Win No Fee basis.
Ask About Claiming Compensation After A Hospital Failed To Diagnose Cancer
Our advisors are available 24/7 to provide free legal advice. They can help you understand whether you are eligible to seek compensation after a hospital failed to diagnose cancer. Additionally, they can also answer any questions you may have about your potential claim.
To get in touch:
- Call 0800 408 7827
- Use the live chat feature below
- Complete the contact form.
Further Information About Claiming Compensation After A Hospital Failed To Diagnose Cancer
We’ve included some links to more of our medical negligence guides that may be helpful to you.
- Liver cancer misdiagnosis claim
- Claiming compensation for medication error deaths
- Hospital-acquired infection compensation claims
Additionally, please find some additional external resources below.
- CQC – Complain about a service or provider
- NHS Resolution – Annual statistics
- GOV – NHS Constitution For England
We hope our guide about making a claim after your hospital failed to diagnose cancer has provided you with useful information. For further support, contact our advisors today.
Guide by AA
Editor NM