In this guide, we discuss when you could have valid grounds to pursue a medical negligence claim after the misdiagnosis of ovarian cancer. Additionally, we look at the compensation payout that could be awarded following a successful claim, and how settlements are assigned a value.
Medical professionals owe their patients a duty of care. As we move through our guide, we discuss their duty of care in more detail, as well as provide examples how a misdiagnosis could occur if they breach this duty.
Following this, we will examine how evidence could support your medical negligence claim and give examples of what you may want to gather.
To conclude, this guide will look at the advantages of working with a solicitor on a No Win No Fee basis.
If you want to discuss your potential medical negligence compensation claim, contact our advisors now for a free case assessment by:
- Phoning us up on 0113 460 1216
- Filling in our ‘contact us‘ form
- Using the live chat feature on our website
Select A Section
- Potential Compensation For The Misdiagnosis Of Ovarian Cancer
- When Are You Eligible To Claim For The Misdiagnosis Of Ovarian Cancer?
- How Could Ovarian Cancer Misdiagnosis Happen?
- Evidence That Could Help You Claim Misdiagnosis Of Cancer Compensation
- Make A No Win No Fee Medical Misdiagnosis Claim
- Learn More About Claiming For Misdiagnosis Of Ovarian Cancer
If you make a successful claim for the misdiagnosis of ovarian cancer, your medical negligence compensation settlement could include up to two kinds of damages. The first is general damages, compensating you for the pain and suffering you’ve endured because of the medical negligence.
To help work out a value for general damages, the Judicial College Guidelines (JCG) could be used alongside your medical records. The JCG contains guideline award brackets for different types of harm.
Below is a table of amounts extracted from the JCG. Please remember that because each case is different, these figures are cannot be guaranteed.
|Female Reproductive System
|£114,900 to £170,280
|Disease or injury leading to infertility with sexual dysfunction, severe depression and anxiety as well as pain and scarring.
|£56,080 to £71,350
|Infertility but without any aggravating features or sexual dysfunction in cases where the young person doesn't have children.
|£17,960 to £36,740
|Infertility in cases where the person already has children. There are no medical complications or sexual dysfunction.
|£6,610 to £18,680
|Cases of infertility where the person won't have had children in any event, such as because of their age.
|£70,030 to £97,330
|Lung cancer which causes severe pain and impairment of function and quality of life.
|£20,800 to £26,290
|Loss of spleen with ongoing risk of internal infection and other disorders due to a damaged immune system.
Special Damages In A Misdiagnosis Claim
Medical negligence payouts can also include special damages, compensating you for reasonable losses you’ve incurred due to medical negligence. Evidence can help prove any monetary losses.
Examples of the costs you could claim back and the evidence that could help demonstrate the loss include:
- Payslips, which outline the earnings you have lost through being unable to work.
- Receipts, which show the medical expenses you’ve incurred.
- Train tickets, which highlight the public transport costs you’ve had to pay for due to being unable to drive.
For a more personalised valuation of your case, please contact an advisor on the number above.
To make a medical negligence claim after receiving a misdiagnosis of ovarian cancer, you must be able to satisfy the eligibility criteria and show that:
- You were owed a duty of care.
- A breach of this duty occurred.
- You suffered avoidable harm due to the breach.
Every medical professional owes a duty of care to their patients to provide the correct standard of care. If they failed to do so, and this led to you being misdiagnosed resulting in avoidable harm, you may have valid grounds to proceed with your case.
Is There A Time Limit When Claiming For Misdiagnosed Ovarian Cancer?
Besides satisfying the eligibility criteria to claim medical negligence compensation for a misdiagnosis of ovarian cancer, you must adhere to the time limits.
These are set out in the Limitation Act 1980 and state that you generally have three years to begin your medical negligence claim from the date the incident occurred. However, some exceptions could apply in certain circumstances.
Contact our team of advisors now to find out if you’re eligible to claim medical misdiagnosis compensation, and how long you have to do so.
According to the NHS, ovarian cancer symptoms can include a loss of appetite or feeling full quickly after eating, a swollen or bloated stomach, an urgent need to pass urine or needing to do so more often. If left untreated, it can spread to the other parts of the body. Cancer Research UK states that Stage 4 ovarian cancer means that cancer has spread to other body organs, such as the liver, spleen, and lungs.
Below, we have provided examples of how a misdiagnosis of ovarian cancer could occur:
- A doctor may misinterpret the results from your scans, resulting in you being diagnosed with the wrong condition. This means there is a delay in diagnosing you with ovarian cancer.
- There could be a mix-up of patient records, leading to you receiving chemotherapy when you don’t have cancer.
The impact of a cancer misdiagnosis can include your condition worsening and spreading to other organs which may mean the need for more invasive treatment.
However, it’s important to note that not all incidents of misdiagnosis will mean you have valid grounds to claim. If you would like to discuss your specific case, please contact an advisor. They can assess whether you’re eligible to seek compensation for the way you have been affected by medical negligence.
Evidence can be very useful when making a misdiagnosed cancer claim, as it can help prove medical negligence and show how it has affected you. As such, you may benefit from gathering:
- A copy of your medical records.
- Witness contact details, such as of those who attended your appointments with you.
- Diary notes you record as they could highlight your symptoms and the treatments you received.
The Bolam test may also be carried out to determine whether you received care of the correct standard. This is done by a panel of relevantly trained medical professionals. You will not have to organise this yourself and whether it is carried out will be determined on a case-by-case basis.
If you’re eligible, a solicitor from our panel could help you gather evidence to support your medical negligence claim as part of their services. Contact one of our advisors today to learn more about how a solicitor could help.
If you have suffered a misdiagnosis of ovarian cancer and have an eligible medical negligence claim, you may wish to consider instructing a No Win No Fee solicitor to represent you. The solicitors on our panel working in this capacity could offer you the terms of a Conditional Fee Agreement. This typically means the following:
- No fees are required upfront for your solicitor’s work, nor are any fees for their continuing work required as your case proceeds, or if it fails.
- Your solicitor will take a percentage of your compensation as their success fee should your case be successful. This percentage has a legal cap which restricts the amount your solicitor can take. It also ensures you keep the majority of your compensation.
Our panel of experienced medical negligence solicitors work on this basis, so to find out whether they could assist you, contact our advisors. An advisor can also answer any questions you might have regarding your potential claim for a misdiagnosis of ovarian cancer. To reach them, you can:
For some of our helpful articles, please look below:
- Read our guide to learn whether you could claim after you were wrongly prescribed quinine.
- Find out whether you could claim following doctor negligence that led to avoidable harm.
- Discover how long it takes for a medical negligence claim to conclude with this helpful guide.
For some external resources, please look here:
- Macmillan – Staging and grading of ovarian cancer
- General Medical Council – Raising a concern about a doctor
- GOV.UK – NHS Constitution for England
We hope this guide has answered your questions about making a medical negligence claim following a misdiagnosis of ovarian cancer. However, if you have any other concerns or questions, please contact an advisor on the number above.
Writer Will Gall
Editor Meg McGloughlin