When Can I Claim For Thyroid Cancer Misdiagnosis?

If you’ve suffered avoidable harm because of a thyroid cancer misdiagnosis, you may be wondering if you’re eligible to make a claim. If you don’t get the treatment you need for your condition, then your cancer could spread or get worse. In some cases, it could get to a point where it can no longer be treated.  

thyroid cancer misdiagnosis

Thyroid cancer misdiagnosis claims guide

In this guide, we will discuss some of the circumstances that could entitle you to claim alongside the evidence you can provide to support your case. Furthermore, we will explain the benefits of working with a No Win No Fee solicitor and how much compensation your claim could be worth.

Read on to learn whether you could have an eligible thyroid cancer misdiagnosis claim. You can also contact our advisors using the following details. Our team can provide professional advice anytime that suits you with no obligation to claim. 

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Choose A Section

  1. When Are You Able To Claim For Thyroid Cancer Misdiagnosis?
  2. How Could Thyroid Cancer Misdiagnosis Occur?
  3. Potential Medical Misdiagnosis Compensation You Could Receive
  4. Evidence That Could Help You Receive Misdiagnosis Of Cancer Compensation
  5. Why Claim For Medical Negligence On A No Win No Fee Basis?
  6. Learn More About Claiming For Hospital Negligence

When Are You Able To Claim For Thyroid Cancer Misdiagnosis?

To claim for a thyroid cancer misdiagnosis, you must prove that your misdiagnosis was caused by medical negligence. Every medical professional is expected to provide their patients with a minimum standard of care. If they fail to do so and the patient is harmed unnecessarily, then this is an example of medical negligence and you could be entitled to claim. 

The ways that medical professionals are expected to adhere to this duty of care will be set out by the relevant regulatory body. For example, the General Medical Council outlines a doctor’s duty of care.

A misdiagnosis of a condition will not automatically entitle you to claim. You could be misdiagnosed even though your doctor has administered an appropriate standard of care. Alternatively, you may have been misdiagnosed in a way that did not harm you. In order to claim, you need to have been harmed by a breach of duty of care.

If you have any questions about when you could make a misdiagnosed cancer claim, speak with a member of our team today.

How Could Thyroid Cancer Misdiagnosis Occur?

Thyroid cancer affects the thyroid gland. Symptoms can include a painless lump or swelling in the neck, swollen glands and unexplained hoarseness that doesn’t improve after a few weeks.

You could suffer a thyroid cancer misdiagnosis if:

  • Your doctor fails to carry out diagnostic tests when you see them with clear symptoms that indicate thyroid cancer. 
  • A diagnostic test is carried out but the results are misinterpreted. This means you’re erroneously told you don’t have cancer.
  • Your GP misdiagnoses you with oesophageal dysphagia due to difficulty swallowing because they disregard your other symptoms.

A thyroid cancer misdiagnosis can lead to your condition worsening. This might mean that the cancer spreads. Thyroid cancer, according to Cancer Research UK, can spread to the nearby soft tissue, such as the windpipe or oesophagus, or metastasise elsewhere in the body, such as in the bones or the lungs

Furthermore, you could undergo unnecessary medical treatment if you’re diagnosed with another condition that you don’t have. 

Is There A Time Limit In Medical Negligence Cases?

While we cannot tell you how long it will take for a medical negligence claim to conclude, we can look at the time limits that apply to starting a thyroid cancer misdiagnosis claim. The Limitation Act 1980 states that you must start your claim within three years of the incident taking place or when you learned that negligence is at fault for your misdiagnosis. 

There may be some exceptions to this time limit. For example, exceptions can apply to those who are not able to pursue their own claim. Call our team using the banner at the top of the webpage for free legal advice. 

Potential Medical Misdiagnosis Compensation You Could Receive

When legal professionals value claims, they use the Judicial College Guidelines (JCG). This publication outlines guideline compensation brackets for general damages. This is the head of claim that takes into account any physical and psychological effects you experienced due to medical negligence. 

We’ve included a table below that showcases figures from these guidelines. Please note that the figures in the table should not be considered guarantees. 

Guideline Compensation Brackets

Harm CompensationNotes
Lung (a)£100,670 to £135,920Young person with serious disability and the likelihood to progress to premature death.
Lung (b)£70,030 to £97,330Lung cancer that usually affects older people causing severe pain and impairing quality of life.
Neck- Severe (ii)£45,470 to £55,990
An impact on tendons that causes chronic conditions and disability.
Neck- Moderate (i)£24,990 to £38,490
Impairment of function and limitation of activities.
Neck- Moderate (ii)£13,740 to £24,990
Effects such as stiffness, limited movement, discomfort and recurring pain.
Neck- Moderate (iii)£7,890 to £13,740
Permanent nuisance symptoms in the neck.
Mental anguish £4,670Fear of reduction in life expectancy.

You don’t need to use a medical negligence calculator to value your claim. The figures that these tools provide may not be accurate because they don’t consider all of the factors that could impact your payout. Our advisors can provide you with a personalised compensation estimation if you’re interested in what your claim may be worth; simply get in touch today. 

Could Special Damages Make Up Part Of My Cancer Misdiagnosis Payout?

You can also seek special damages, which is the head of claim that relates to any financial losses caused by medical negligence. For example, you may need full-time care that you need to pay for because of the progression of your condition. You may not be able to work anymore, resulting in a loss of earnings. 

You could be awarded special damages if you have sufficient evidence to support your claim, including receipts and invoices, for example. Read on to the next section for guidance on what can be included as valid evidence for your thyroid cancer misdiagnosis claim.

Evidence That Could Help You Receive Misdiagnosis Of Cancer Compensation

Evidence can help support your claim for harm caused by medical negligence. Some examples of evidence may include:

  • A diary of your treatment and symptoms during the process
  • Copies of medical records such as scans, doctor reports and hospital admissions
  • Witness contact details of someone who can provide a statement

The Bolam Test might also be carried out as part of the claims process. In this test, a panel of medical professionals with the appropriate training will be asked whether or not the care of the medical professional falls within their duty of care.

It may also be useful to consult a legal professional for advice about your claim. Our advisors are offering you free legal support with no pressure to continue your claim with us. Call today to progress with your claim.

Why Claim For Medical Negligence On A No Win No Fee Basis? 

Our panel of medical negligence solicitors can offer their services under a Conditional Fee Agreement (CFA). This type of No Win No Fee agreement means you generally don’t have to pay your solicitor up front for the duration of your claim.

When working with a lawyer under a CFA, you will have a success fee deducted from your settlement if you’re awarded compensation. This is subject to a legal cap to prevent overcharging. Furthermore, if you aren’t awarded compensation, then you won’t generally be expected to pay your lawyer for the work they’ve done. 

If you’re interested in working with a No Win No Fee solicitor from our panel, call our team today. Our advisors can connect you with a solicitor if your claim has a chance of success. 

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Learn More About Claiming For Hospital Negligence 

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Writer Jess Aitch

Publisher Fern Smith