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October 06, 2021

What Happens If You Are Misdiagnosed with Cancer?

Cancer is so terrible and life-threatening that even the slightest possibility of a cancer diagnosis fills us with fear. As you probably know, one of the keys to beating cancer and extending the life of a patient begins with prompt diagnosis and treatment. Unfortunately, cancer misdiagnosis is common, and can happen for a number of reasons.

If you have been a victim of cancer misdiagnosis you may be entitled to cancer misdiagnosis claims. Our cancer misdiagnosis solicitors can provide the advice, support and legal representation you need to make a successful claim and secure compensation.

Commonly Misdiagnosed Cancers

Our NHS negligence solicitors have handled claims involving different types of cancer, including, but not limited to:

Breast Cancer

Many victims of breast cancer ask questions like “can biopsy results be wrong?” The answer is yes. This is especially the case with breast cancer misdiagnosis, as errors usually during mammogram screening or with the biopsy.

Prostate Cancer

If treatment is not administered early, prostate cancer can quickly spread to other parts of the body, leading to life-threating conditions. However, errors with biopsy results can lead to unnecessary surgery.

Lung Cancer

Misdiagnosis of lung cancer usually happens due to late diagnosis. This is because patients usually feel symptoms only at the later stage of the condition. Physicians may interpret the symptoms as pneumonia, asthma, or COPD.

Ovarian and Cervical Cancers

If detected early, they can be treated. However, there are times when doctors believe the cancers to be some other condition, leading to delayed diagnosis and treatment. Some symptoms may mimic those of other less severe conditions like indigestion; still, it is the duty of the medical professional to conduct proper investigation to make their diagnosis.

How is Cancer Misdiagnosed?

Cancer may be diagnosed after a routine physical examination, due to the outcome of a cancer screening or other laboratory tests, or as a result of symptoms which you bring to the notice of your doctor. It is the duty of your medical professional to observe symptoms that may indicate cancer, and make the right diagnosis. Some of the ways cancer can be misdiagnosed include:

  • Failing to conduct adequate physical examination
  • Failing to consider early warning signs
  • Failing to assess the patient’s medical history
  • Failing to perform or recommend cancer screening
  • Failing to perform or correctly interpret laboratory or radiological testing
  • Failing to adequately communicate or monitor the patient
  • Failing to refer to specialist care

If you think you have been a victim of cancer misdiagnosis – even for reasons not stated above – our NHS negligence solicitors will be happy to help you make a medical negligence claim.

What Can I Do After a Cancer Misdiagnosis?

No amount of cancer misdiagnosis settlement can make up for an avoidable illness or even death. However, severe cancer pain and early death can make for financial hardship; delayed cancer diagnosis and treatment can also lead to lost wages and additional care costs. This is why the party responsible for your pain or the death of your loved one should bear that cost.

Your solicitor will help you do three things after a cancer misdiagnosis:

  • Duty of care

    You need to prove that your health professional owed you a duty of care – which means that they were responsible for your care.

  • Breach of duty

    You must show that your health professional failed to provide the expected and acceptable level of care. This simply means that they acted in a way that a reasonably competent health professional wouldn’t have done given similar circumstances.

  • Causation

    You need to show that you suffered an injury or loss as a direct result of this breach of duty.

    If you or a loved one has suffered an injury or lost their life as a result of cancer misdiagnosis, you may be entitled to a medical claim.

What Can You Claim When You Have Cancer?

If you have suffered harm as a result of cancer misdiagnosis, you may be able to make claims for:

  • General damages

    This is compensation for the disability, pain and suffering you have endured as a direct result of the negligent treatment you received.

  • Special damages

    This is compensation for every expense incurred as a direct result of the misdiagnosis. This includes medical expenses, travel expenses, and loss of earnings

How Much Compensation for Misdiagnosis of Cancer?

Compensation for cancer negligence claims varies on a case-to-case basis. Every cancer misdiagnosis compensation claim will depend on:

  • The severity of your condition caused by cancer misdiagnosis
  • The impact on your life
  • Quality of care required for recovery
  • Loss of earnings

The type of cancer involved will also determine how much you will receive in compensation. Pursuing a cancer misdiagnosis claim can help you seek the justice and compensation you deserve. You may also receive an explanation for the negligent treatment you suffered. More importantly, however, you will receive compensation that can help you access the medical care you need to recover.

Can the Type of Cancer Affect My Claim?

No. The type of cancer you have does not matter when it comes to cancer misdiagnosis claims. Whether you have skin, prostate, bowel, or any other type of cancer, our NHS misdiagnosis solicitors will be able to support you through the claims process. With years of experience in the medical negligence industry under their belt, you can count on us to treat your case with utmost respect and compassion.

While we cannot take the problem away, we will do all we can to put right what has gone wrong. So, whether you are making a claim for stage 4 lung cancer misdiagnosis, breast cancer malpractice, brain tumor false diagnosis, or pancreatitis misdiagnosis, we can help you make informed decisions at this difficult time.

No Win No Fee Cancer Misdiagnosis Claims

If we believe you may have been a victim of cancer misdiagnosis, we will likely offer to work with you on a No Win No Fee basis. Under this arrangement, you will not incur any out-of-pocket expenses – an arrangement that is very beneficial in ensuring you have access to the best legal services available. So, whether your case is successful or not, you will not shoulder the financial obligations involved in making a medical negligence claim.

We will let you know how our No Win No Fee lawyers UK can help you make a claim without incurring any huge legal expenses.

Time Limits for Making Cancer Misdiagnosis Claims

All cancer misdiagnosis stories and claims have a general time limit of three years from the date of the incident. You may also be able to make a claim within three years after you became aware that your illness or injury was due to misdiagnosis. However, there are exceptions: for victims under the age of 18, the three-year time limit starts on the 18th birthday. If you lack mental capacity to make a claim on your own, you can make a claim within three years of your recovery.

Time limits for cancer misdiagnosis claims can be complex. If you think you may have a claim for medical negligence, do not hesitate to get in touch with us to find out your time limit and start a claim as soon as possible.

Contact our Cancer Misdiagnosis Solicitors today

If your doctor misdiagnosed cancer and you wish to start a claim call us today 0800 999 3372, the panel of NHS negligence solicitors we work with can help. We realize that you have already been through a very difficult period that no one should endure. As a result, our goal is to make the claims process as simple as possible. So, whether you are a man or woman wrongly diagnosed with cancer, we will assess your situation and advise you on whether you can make a claim.

No Win No Fee Medical Negligence Solicitors

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