This guide will discuss what steps you can take to seek compensation if you received a myeloma misdiagnosis that caused you avoidable harm. It will also look at when you could be eligible to do so.
Additionally, it will discuss what myeloma is, how a misdiagnosis could occur and the ways in which it could impact a patient.
Furthermore, we will look at the compensation you could be owed and how the settlement you receive should take into account your pain and suffering.
You may also be looking at options for seeking legal representation. If so, this guide could help by providing information on the services the solicitors from our panel could offer.
Please continue reading to learn more about the medical negligence claims process. Alternatively, you can speak with a member of our team for more information. To get in touch, you can:
Choose A Section
- Can I Claim Compensation For A Myeloma Misdiagnosis?
- How A Myeloma Misdiagnosis Could Happen
- What Evidence Could Prove A Misdiagnosis Of Myeloma?
- Compensation For A Myeloma Misdiagnosis
- Can I Get A No Win No Fee Solicitor For A Myeloma Misdiagnosis Claim?
- Further Information About Claiming Compensation After A Misdiagnosis Of Myeloma
Medical professionals owe a duty of care to their patients. As part of this duty, they must provide you with care that meets the correct standard. The ways in which they are expected to uphold their duty of care may differ depending on their specialism. For example, there is guidance on good medical practice for doctors from the General Medical Council. Additionally, the duty of care for nurses is outlined by the Royal College of Nursing.
A failure to provide care that meets the correct standard can lead to a patient experiencing avoidable harm. This is known as medical negligence. If you can demonstrate that medical negligence was involved in your myeloma misdiagnosis, you may be able to seek compensation.
Myeloma is a form of bone marrow cancer. It can affect several areas in the body, including the spine, pelvis and skull. If this is incorrectly diagnosed, it could result in the cancer spreading to other parts of the body or developing to a more severe stage.
The impact the misdiagnosis has had on your quality of life will be considered, alongside your pain and suffering, when valuing how much medical negligence compensation you could be awarded.
To learn when you could be eligible to seek compensation and how much you could potentially receive for a medical misdiagnosis claim, get in touch using the number above.
What Do The Statistics Say About Cancer Negligence?
According to Cancer Research UK, there were 5,951 new cases of myeloma each year on average between 2016-2018 in the UK. Additionally, 14% of cases were preventable.
A myeloma misdiagnosis can happen for multiple reasons. For example:
- You doctor fails to send you for further tests to check for cancer, despite you exhibiting clear signs of the disease, resulting in your doctors failure to treat cancer.
- Your GP may have failed to diagnosis cancer correctly after misreading your test results. As a result, your cancer spreads to another part of your body.
- Hospital negligence could occur if you are given someone else’s test results, leading to a misdiagnosis and the wrong treatment.
Not all instances of a misdiagnosis will form the basis of a valid claim, however. In order to seek compensation, you must ensure that negligence can be demonstrated.
Additionally, you must ensure that you start your claim within the relevant time limits. The Limitation Act 1980 states that you must start your claim within three years of your misdiagnosis or the date you learned of negligence.
There are some exceptions to this time limit, including if the person is mentally unable to start the claims process themselves or if the person is under the age of 18. To learn more about the exceptions, please get in touch with our team using the number above.
There are various types of evidence that can be used to support your claim. For example:
- Medical records, including test results, a copy of hospital admissions and prescriptions.
- A diary that details how your symptoms have worsened over time.
- Letter of diagnosis.
Additionally, it can also be helpful to attend an independent medical assessment to determine the full extent of the avoidable harm you have experienced. This can provide a more indepth report on the severity, future prognosis and impact on your quality of life. The report can be used to support your case.
The Bolam test may also be conducted as part of the claims process as well. This involves a panel of relevantly trained medical professionals assessing your case to determine whether you were provided with the correct standard of care. The findings from this test can help to support your claim.
Furthermore, you may find it useful to receive legal advice from a solicitor. The solicitors from our panel may be able to help you collect evidence and put forward a full claim. To learn whether you could access their services to seek compensation for a myeloma misdiagnosis, get in touch on the number above.
Medical negligence settlements often comprise:
- General damages which compensate for the pain and suffering you endured due to medical negligence.
- Special damages reimburse you for financial losses that were caused by medical negligence. This can include travel costs, medical bills and care costs. You can provide evidence in the form of bank statements and receipts to prove these losses.
To calculate the value of the harm you sustained, solicitors often use the Judicial College Guidelines (JCG). This publication displays compensation brackets relating to different injuries. We’ve provided some of these guideline figures in the table below. Please note that you should only use these figures as a guide because each settlement will differ and the figures are not a guarantee of what you will receive.
|Type of Harm||Compensation||Description|
|Very Severe Brain Damage (a)||£282,010 - £403,990||The injured person has little ability to follow basic commands and has little to no language function. Full-time care is required.|
|Moderately Severe Brain Damage (b)||£219,070 - £282,010||A very serious disability and need for constant care.|
|Severe Back Injury (a) (i)||£91,090 - £160,980||Spinal cord and nerve root damage.|
|Severe Back Injury (a) (ii)||£74,160 - £88,430||Nerve root damage with other associated symptoms, such as lost sensation and impaired mobility.|
|Severe Pelvis and Hip Injury (a) (i)||£78,400 - £130,930||Residual disabilities are caused such as lack of bladder and bowel control.|
|Severe Pelvis and Hip Injury (a) (iii)||£39,170 - £52,500||Degenerative changes and leg instability.|
For more information on the compensation you could receive following a successful myeloma misdiagnosis claim, get in touch on the number above.
No Win No Fee medical negligence solicitors from our panel can offer you a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement that allows you to access their services without paying upfront, if the claim fails or while the claim is ongoing.
However, if you succeed in receiving a settlement at the end of your claim, your solicitor will be paid a success fee from your compensation. This fee is legally capped, preventing overcharging.
Contact our advisors today to learn more about working with a solicitor from our panel on this basis.
Ask About Making A Myeloma Misdiagnosis Claim
If you have any further questions about making a myeloma misdiagnosis claim, you can get in touch with our team of advisors. They can help you understand whether you’re eligible to seek compensation and the steps you can take to do so. Also, they could assign a solicitor from our panel to represent your case, provided it’s valid. To get in touch, you can:
To see more of our medical negligence guides, use the links provided here:
You can find more relevant sources below:
- NHS Resolution – Annual report 2021
- General Medical Council – Raise a concern
- GOV – NHS constitution for England
Thank you for reading our myeloma misdiagnosis guide. Contact our advisors today to receive further support and guidance.
Guide by AA