Making a Claim after a Cancer Misdiagnosis

Any type of misdiagnosis has the potential to be life-changing, however a cancer misdiagnosis can have devastating effects, and could even end up cutting someone’s life short. Unfortunately, sometimes cancer misdiagnosis does happen. This can not only affect the person themselves, but also those around them.

There are a range of reasons why a misdiagnosis could occur, including understaffing and overworked medical professionals. There are also different types of misdiagnosis. For example, you might have experienced a delay in treatment as a result of being misdiagnosed, which could mean your cancer was left untreated for a longer time.

Or, you may have been initially diagnosed with something other than cancer, which has also allowed the cancer to grow and put your health at a higher risk than if you had received the correct diagnosis to begin with.

Whatever type of cancer misdiagnosis you have experienced, you deserve to be compensated for your suffering.

If you’re suffering as a result of a cancer misdiagnosis, whether you are the patient or a patient’s loved one, we could help you.

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how much compensation for misdiagnosis of cancer

What is Misdiagnosis?

Misdiagnosis can cover a range of medical mistakes, including symptoms being diagnosed incorrectly, failure to refer patients for specialist observation, failure to act on medical test results and incorrect readings of medical history, reports or x-rays.

If you’re lucky, your misdiagnosis will be caught and rectified quickly, having little to no effect on your health and wellbeing. However, for some people a misdiagnosis can go unnoticed for months, causing their health to become a lot worse.

When it comes to a cancer misdiagnosis, the impact can be truly devastating. For example, you might have been told that you don’t have cancer, but actually find out later down the line that you do and that it could have been treated earlier. Or, you may have been told that you do have cancer, but find out later that it was a false alarm. Either situation can have absolutely devastating effects on your physical and mental wellbeing, which could affect you for the rest of your life.

Effects of a Cancer Misdiagnosis

The effects of a cancer misdiagnosis will, of course, be different for everyone, however more often than not it will have a serious impact on a person’s life. It may stop people from working due to physical or psychological side-effects and treatment. It can make people feel angry and betrayed by their doctors, and could even make them lose trust in healthcare professionals altogether. In the worst cases, it can lead to premature death of the patient, which leaves their family to suffer in the aftermath.

How Compensation is Calculated

If you have suffered as a victim of cancer misdiagnosis, you deserve to be compensated. You should note that a misdiagnosis alone won’t usually be enough to make a claim because UK law doesn’t hold doctors responsible for all diagnosis errors. In fact, there are three things that have to be proved in order for a claim to go ahead and be in with a chance of success. These are:

  • There was a relationship between yourself and the doctor
  • Your doctor was actually negligent, meaning they failed to provide treatment in a reasonable, competent and skillful way
  • The doctor’s negligence caused you further injury or illness than you already had

If all three of these requirements for a compensation claim are met, we can progress with your case. There will have to be a full investigation into why you have been the victim of misdiagnosis before a compensatory figure is even calculated. Bear in mind that compensation is allocated carefully on a case by case basis, so try not to estimate what you might be awarded using news stories or high-profile cases, because every case is different.

Factors Taken Into Account

When calculating the compensation for a cancer misdiagnosis case – and yes, it is very carefully calculated using set formulas – a range of variables will be taken into account. These include:

  • How much the misdiagnosis has affected you physically, i.e. how your physical health has been affected. You might be experiencing pain, or the cancer may have spread to other parts of your body
  • How much the misdiagnosis has affected you psychologically. Note that this is referred to as your “suffering”, and will be evaluated alongside your physical condition, but not separately to it
  • Whether the misdiagnosis has caused you financial stress or losses
  • Whether it has affected your lifestyle – this is called “loss of amenity”. For example you may not be able to have intimate relations or carry out hobbies like you could before
  • Whether you have had to stop working due to your misdiagnosis

Compensatory awards are not given out randomly, but are decided on by closely assessing a range of effects the cancer misdiagnosis has had on a patient. How much you can get for misdiagnosis of cancer can therefore not be estimated without knowing all the facts of the case, because it truly depends on so many factors.

If you know you have been misdiagnosed, are suffering as a result and you’re itching to know how much compensation you could get if you claim, get in touch with our clinical negligence team. We can talk you through the claims process and give you an indication of whether you have a chance at success. From there, we can take on your case and at that point may be able to give you an idea of how much you could be compensated.

What You Can Claim For

Misdiagnosis is not as black and white as it sounds, but instead there are different types of misdiagnosis which could have a long-term effect on your health and wellbeing. Under the umbrella of misdiagnosis fall a range of errors, including:

  • Diagnostic test errors: this occurs when a doctor is reliant on inaccurate test reports for your diagnosis. This can be down to faulty diagnostic equipment, or a human error
  • Missed diagnosis: this is when your doctor declares you are healthy, when really you are not
  • Delayed diagnosis: the most common type of misdiagnosis. This is where a missed diagnosis has occurred to begin with, and then you are correctly diagnosed after a significant amount of time has passed
  • Failure to diagnose complications: doctors can sometimes fail to identify other diseases or complications to your disease which pose a higher risk to you then the original diagnosis

Experiencing any of these kinds of misdiagnosis, especially when it comes to cancer, is awful. Your whole life can feel like it’s crumbling around you, whether you are the patient or their loved one. This is why cancer misdiagnosis compensation claims exist – to help families get their lives back on track. Although nothing can turn back time, getting compensated for the suffering you or your loved one has been forced through can help make the process of moving forward that little bit smoother.

Help from Experts at AWH

Here at AWH we understand how serious a cancer misdiagnosis can be and want to help you claim so you can get back on your feet.

Our team are always sensitive and supportive throughout these kinds of cases, making sure that you and your family are kept in the loop every step of the way. We will do our best to make sure you are made aware of how much compensation you could be awarded if your case is successful so that you can begin to build your life back up again without having to worry about your finances.

Have you suffered because of a cancer misdiagnosis? We could help you get back on your feet.

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Our solicitors are highly experienced and have an abundance of experience in their field of law, ensuring you the best chance at a successful outcome of your case or claim.

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