If you received a prostate cancer misdiagnosis due to a breach in duty of care, you may be able to claim for any unavoidable or unnecessary harm you experienced. This guide will highlight the factors that may affect your eligibility to claim and other features of the claims process, such as the time limits you must observe. We will also examine what evidence you can provide to support your claim.
Prostate cancer misdiagnosis claims guide
Another topic we’ll explore is the benefits of opting to work with a No Win No Fee solicitor. You may be able to get the help of a legal professional without needing to pay them upfront to secure their services.
If you would like more information about medical negligence claims for cancer misdiagnosis, please contact our team. Our advisors can provide insight into the merits of your misdiagnosis claim. They are also available to offer free advice at any time that suits your needs.
You can:
- Call our helpline: 0113 460 1216
- Message an advisor via the live chat
- Contact us through our web form
Browse Our Guide
- When Are You Able To Claim For A Prostate Cancer Misdiagnosis?
- How Could A Prostate Cancer Misdiagnosis Happen?
- Evidence That Could Be Used In Medical Negligence Claims
- Medical Misdiagnosis Compensation – What Amount Could You Receive?
- Claim For Medical Negligence On A No Win No Fee Basis Using Our Panel Of Solicitors
- Learn More About Claiming For Cancer Misdiagnosis In The UK
When Are You Able To Claim For A Prostate Cancer Misdiagnosis?
All medical professionals have a duty of care to their patients and must, therefore, provide them with the correct standard of care. Medical professionals include doctors, surgeons, pharmacists, nurses and others. If the correct standard is not delivered, you could suffer avoidable or unnecessary harm. In tort law, a breach of duty of care that causes avoidable and unnecessary harm or a worsened prognosis is known as medical negligence.
This guide will look at two broad scenarios: one in which prostate cancer was misdiagnosed as another illness and a second in which you were diagnosed with cancer when you were, in fact, suffering from a different condition. In both of these situations, you may be eligible to seek compensation for the physical and psychological impacts of a negligent misdiagnosis.
Call our team for legal advice about the merits of your potential medical negligence claim. If you have a valid claim, you could be put in contact with one of the lawyers from our panel.
How Could A Prostate Cancer Misdiagnosis Happen?
Prostate cancer is a condition that affects a part of the male reproductive system known as the prostate. It can cause symptoms such as feeling an increased need to urinate or feeling like your bladder hasn’t fully emptied when you do urinate.
A prostate cancer misdiagnosis could occur for several reasons. For example:
- A misdiagnosis could occur if your GP ignores your symptoms and fails to pass you to a specialist for a referral.
- You undergo an MRI scan in aid of diagnosing your condition, but this is performed incorrectly. This means that a tumour which should have been biopsied is missed entirely.
- An administrative error means that you receive another patient’s test results. Due to this error, you undergo unnecessary medical treatment in the form of chemotherapy and surgery.
If this kind of cancer goes undiagnosed, it could become metastatic prostate cancer and advance into your bladder, bowels, lungs, or the bones in your spine. It is important to note, however, that not every instance of cancer misdiagnosis would form the basis of a claim. A doctor may have adhered to the duty of care that they owe and misdiagnosed you despite this; if this was the case, you would not be able to claim. even if the misdiagnosis caused you harm or a worsening of your condition.
Contact our helpline to discuss the claims process. One of our advisors can provide free advice about the eligibility criteria for making a medical negligence claim.
Is There A Time Limit To Claim For A Cancer Misdiagnosis Payout?
As per the Limitation Act 1980, a claim must generally begin within three years of:
- The date medical negligence took place
- Your date of knowledge, which is the date you became aware (or would have been expected to realise) that medical negligence played a role in your misdiagnosis and the subsequent effects
There are some exceptions to these limits. Our team can provide more information about the time limit that could apply to your circumstances. Speak with an advisor today using the details at the top or bottom of this page.
Evidence That Could Be Used In Medical Negligence Claims
Evidence can be an important factor in making a claim. You can use it to show the effect that the misdiagnosis has had on you and also to demonstrate that it was caused by a breach of duty of care.
For instance, it could support your case if you provide:
- A diary recording your symptoms, including psychological suffering
- Your medical records
- A record of any financial costs or losses that you have incurred as a result of the negligence
Evidence is an important aspect of a medical negligence claim. To learn more about the proof you could supply to support your case, reach out to our team of advisors. They may be able to put you in touch with a solicitor, who can help you locate and acquire evidence.
Medical Misdiagnosis Compensation – What Amount Could You Receive?
The compensation awarded in a successful prostate cancer misdiagnosis claim could include up to two heads of claim:
- General damages, which compensate you for the physical and psychological suffering caused by medical negligence.
- Special damages, which are intended as a way to return you to the financial position you were in before medical negligence occurred.
Legal professionals generally use the Judicial College Guidelines (JCG) to help them assign a value to a claim. This publication provides bracket amounts for the different kinds of harm an individual could experience. We’ve used the JCG to create the table below, but please be advised that the figures in this table are only a guide. This is because the award for a successful medical negligence claim is determined by the claimant’s unique circumstances.
Compensation Bracket Figures
| Type of Harm | JCG Brackets | Details |
|---|---|---|
| Back- Severe (a) (i) | £91,090 to £160,980 | Damage to the nerves that could consequences such as pain, disability, paralysis and impaired bladder function. |
| Back- Severe (a) (ii) | £74,160 to £88,430 | Nerve root damage that may cause lost sensation, sexual problems and a hindrance to mobility. |
| Male Reproductive System (b) | £114,900 to £148,320 | Total loss of sexual function, sterility and impotence with associated hormonal effects, pain, scarring and other side effects. |
| Male Reproductive System (c) | £43,010 to £88,750 | Impotence or sexual dysfunction that is significant and likely permanent. |
| Male Reproductive System (d) | £56,080 to £71,350 | Uncomplicated sterility in younger claimants. Unaccompanied by other aggravating features. |
| Bladder (b) | Up to £140,660 | Bladder control and function are completely lost. |
| Bladder (c) | £63,980 to £79,930 | Some incontinence and pain are present alongside serious bladder impairment. |
| Lung Disease (b) | £70,030 to £97,330 | Lung cancer in an older person that causes an impairment of function, severe pain, and loss of quality of life. |
| Bowel (c) | In the region of £79,920 | Passive incontinence and faecal urgency, causing distress and embarrassment. |
| Bowel (d) | £44,590 to £69,730 | Impairment of bowel function that often necessitates temporary colostomy. |
Special Damages In A Misdiagnosis Compensation Claim
Special damages may be awarded as a means for a claimant to recover financial losses caused by the negligent harm they experienced. For instance, this head of claim may include a payout for:
- Loss of earnings, past or future
- Housing alterations made to accommodate your recovery or care
- Costs associated with your care, such as prescription medications
Importantly, you must keep financial evidence of the monetary losses you’ve experienced in order to receive special damages. For instance, this evidence could take the form of payslips, bank statements or receipts. You can reach our team using the banner above if you need any advice regarding evidence for your potential claim for a prostate cancer misdiagnosis.
Claim For Medical Negligence On A No Win No Fee Basis Using Our Panel Of Solicitors
When making a claim for a medical misdiagnosis caused by a breach of duty of care, you may find it advantageous to work with one of the No Win No Fee medical negligence solicitors on our panel. While there is no requirement to claim with legal representation, a solicitor can use their experience to help you compile evidence, present a strong case and represent you during the process.
Our panel of solicitors generally work under a specific kind of No Win No Fee legal agreement known as a Conditional Fee Agreement (CFA). With these terms in place, you generally aren’t required to pay any ongoing service fees. Likewise, you typically wouldn’t have to pay the solicitor for their services if your claim ends unsuccessfully.
On the other hand, if your claim succeeds, the terms of a CFA mean that your solicitor will deduct a success fee from your settlement. The percentage of your award that they can take is capped by law.
If you’re interested in learning more about the process of making a No Win No Fee claim for a negligent prostate cancer misdiagnosis, reach out to our team today. Our advisors can offer free legal advice and potentially connect you with a solicitor from our panel. Learn more today:
- Call our helpline: 0113 460 1216
- Message an advisor via the live chat
- Contact us through our web form
Learn More About Claiming For Cancer Misdiagnosis In The UK
Use the links below to see more of our medical negligence guides.
- Claim for a pancreatic cancer misdiagnosis
- Can you claim for a thyroid cancer misdiagnosis?
- Claim for a misdiagnosis of lung cancer
You can also visit these external sources for further information.
- Royal College of Nursing – Duty of Care
- Macmillan – Prostate Cancer Information
- General Medical Council (GMC) – Good Medical Practice For Doctors
Thank you for reading our prostate cancer misdiagnosis guide. For more support with your claim, call our advisors today.
Writer Jess Aitch/Morgan Filly
Publisher Fern Smith
