In this article, we discuss if you can make a medical negligence claim after a misdiagnosis of lung cancer.
We also outline the duty of care that all professionals in a medical field must provide.
Additionally, we explore how if this is not upheld it can result in patients not being provided with the correct standard of care and causing them harm that could have been avoided.
Furthermore, we provide guidance on the steps you can take if you were given an incorrect diagnosis, including collecting evidence and seeking legal advice.
Later in this guide, we’ll also be exploring what compensation you might be entitled to after making a successful claim.
If you’d like to contact us to begin a claim for medical negligence or you have any questions, then you can contact our team of advisors by using the following contact information.
- Contact us via the online form on our site
- Phone 0113 460 1216
- Speak with an advisor via the live chat function below.
Choose A Section
- When Can I Claim For A Misdiagnosis Of Lung Cancer? – A Guide
- Examples Of How A Misdiagnosis Of Lung Cancer Could Occur
- Potential Compensation That Could Be Received From A Medical Negligence Claim
- Potential Evidence In Medical Negligence Claims
- Why Seek Medical Misdiagnosis Compensation On A No Win No Fee Basis?
- Read More About How To Claim For A Misdiagnosis Of Lung Cancer
There are two different scenarios in which a misdiagnosis could occur:
- Being initially diagnosed with another illness before being given the correct diagnosis of lung cancer.
- Being misdiagnosed with lung cancer whilst actually having another illness.
In some instances, you might be able to claim for a misdiagnosis of lung cancer. However, it needs to be proven that medical negligence occurred. This consists of a medically trained professional not upholding the duty of care they owe.
The duty of care they owe means they must provide the correct standard of care. If they provide care that falls below the correct standard and a patient experiences avoidable or unnecessary harm as a result, this constitutes medical negligence.
An incorrect cancer diagnosis could mean your condition worsens, you need more invasive treatment or you receive unnecessary treatment for the wrong condition which causes other complications. It could also lead to cancer spreading to other parts of the body. According to Cancer Research UK, lung cancer can spread to the lymph nodes, brain, bones, liver and small hormone glands just above your kidney.
To find out whether you could be eligible to claim for the ways in which you have been impacted for a misdiagnosis, get in touch on the number above.
Below are some examples of how the misdiagnosis of lung cancer could happen:
- A doctor failing to refer you for further tests despite you exhibiting clear symptoms of a certain condition.
- Your scan being mislabelled, meaning that your diagnosis is based on another person’s test results.
- A doctor failing to listen to your concerns and symptoms meaning they incorrectly diagnose you with another condition.
- Your test results being misinterpreted by a doctor, meaning that you’re given the wrong diagnosis.
As stated above, if there is a delay when diagnosing lung cancer, it can result in the condition worsening, which can potentially be life-threatening. This could impact a person psychologically as well as physically. For example, they could develop anxiety, depression or stress.
However, not all instances of misdiagnosed cancer will form the basis of a valid claim. You must prove that medical negligence has occurred.
To discuss whether you could seek medical negligence compensation, get in touch with an advisor via the number at the top of the page.
General damages is one of the heads of claim that can form the settlement you are awarded following a successful medical negligence claim. It compensates for the harm caused by medical negligence and takes into account the physical and psychological pain and suffering you experienced.
The following figures are taken from the Judicial College Guidelines, which are used by solicitors to help them assign a value to the general damages portion of your claim.
You can use this as an alternative to a medical negligence calculator. However, please note that the figures below are not guaranteed. This is because of the many different variables that can influence the payout you could receive.
|Injury resulting from brain damage
|£219,070 to £282,010
|(b) Moderately Severe: The injured person has a very serious disability.
|£100,670 to £135,920
|(a) For a younger person with a serious disability. There is a probability of the condition getting progressively worse.
|£70,030 to £97,330
|(b) Lung cancer causing severe pain and impacting both function and quality of life.
|£169,400 to £210,400
|(a) Both kidney's are permanently and seriously damaged or completely lost.
|Up to £63,980
|(b) Cases involving a significant risk of urinary tract infections in the future or total loss of natural kidney function.
Can I Claim Special Damages If I Have Been Misdiagnosed With Cancer?
Special damages could also make up your settlement. This head of claim reimburses a person for any financial losses that they’ve experienced due to medical negligence. Examples of these losses include:
- Loss of income
- Cost of medication and other medical expenses
- Cost of care
To learn more about the compensation you could receive following a successful medical negligence claim, get in touch using the number above.
In order to prove that a misdiagnosis of lung cancer occurred due to medical negligence, it’s important to provide evidence. This can include:
- Doctor reports
- Copies of test results
- Hospital reports
It’s important to note that a claim needs to be started either three years from the date that you became aware that your misdiagnosis was caused by negligence, or three years from the date the incident occurred. This is outlined in The Limitation Act 1980. However, there are exceptions to these time constraints.
You can seek legal advice from one of our advisors to ensure you start your claim within the relevant time limits. They can also assess whether you have a valid claim and connect you with a solicitor from our panel, provided your claim has a chance of success.
To learn more about the services a solicitor from our panel could offer, get in touch on the number above.
Our panel of solicitors may offer to represent your medical misdiagnosis claim on a No Win No Fee basis. There are different types of these No Win No Fee contracts including a Conditional Fee Agreement (CFA). This type of agreement comes with a variety of benefits, including not having to pay for your solicitor’s services upfront or while the claim proceeds.
If your claim does not succeed, you won’t usually be expected to pay for the work your solicitor has completed on your case. Instead, your solicitor can take a percentage of your compensation. This is called a success fee and is capped by The Conditional Fee Agreements Order 2013.
To find out whether you’re eligible to have a solicitor from our panel take on your case, get in touch using the details provided below.
Contact Us 24/7 To See If You Can Claim For Lung Cancer Misdiagnosis
You can contact us for free anytime to get a consultation in regard to potentially claiming for the misdiagnosis of lung cancer. Once you’ve provided the necessary information to our team of advisors, they could connect you with a medical negligence solicitor from our panel.
However, if you call, there is no obligation to use our services. Instead, an advisor can answer any questions you might have regarding your potential claim. To get in touch, you can:
- Contact us on 0113 460 1216
- Fill out the ‘contact us‘ form
- Speak with an advisor via the live chat function below
For more of our medical negligence guides:
- Birth injury compensation calculator
- Medical negligence solicitors for Newcastle
- The main causes of medication errors
Furthermore, you can also follow some of these external links below:
- Raise a concern about a doctor – General Medical Council
- Duty of care – Royal College Of Nursing
- NHS Constitution For England – GOV
If you have any other questions about making a claim for the misdiagnosis of lung cancer, get in touch using the details provided above.
Writer Louis Pocket
Editor Meg McGloughlin