Early detection, diagnosis and treatment can be crucial when it comes to cancer, as this can play a huge role in your chances of returning to good health. When your healthcare provider makes a mistake and misses the initial signs, the window of opportunity for early and correct treatment may be lost, and this may deny you your best chance of recovery. If this is the case, you may be entitled to make a cancer misdiagnosis compensation claim against the healthcare provider or medical institution.
What is Cancer Misdiagnosis?
Cancer misdiagnosis is a term that describes when a medical professional provides an incorrect cancer diagnosis.
Healthcare professionals should complete tests to identify and diagnose a patient’s condition. Failure to do so, or misdiagnosis, can result in the deterioration of the patient’s condition and in extreme cases, even death.
When Does Cancer Misdiagnosis Lead to Compensation?
It is crucial to recognize that not all diagnostic errors can warrant medical misdiagnosis claims.
To establish solid grounds for your negligence claim, you must prove these three things:
Healthcare professional-patient relationship
Negligence on the part of the healthcare professional. This means that they failed to provide reasonable, competent and acceptable treatment.
That the healthcare professionals medical negligence caused harm to you.
All medical practitioners owe a ‘duty of care’ to their patients. This means that patients must be always safeguarded from harm or injury. They must also receive a reasonable and acceptable level of care.
If you have suffered a cancer-related injury due to misdiagnosis, you may be able to claim compensation when you are able to prove that a competent physician of the same specialty and skill set would have acted differently under the same circumstances.
Misdiagnosis may include:
Diagnostic Test Error: Doctors sometimes fail to correctly diagnose a condition due to reliance on inaccurate test reports from a laboratory. This may occur as a result of human error or faulty diagnostic equipment and, when it happens, the diagnostic laboratory, rather than the doctor, may be deemed liable.
Missed diagnosis: This happens when a doctor gives a patient a clean bill of health when, in reality, the patient is suffering a medical condition.
Delayed Diagnosis: The doctor eventually makes a correct diagnosis, only after a significant delay. Delayed diagnosis is a common form of misdiagnosis, 1 in 4 cancer patients experienced a delay to their diagnosis.
Emergency misdiagnosis: This form of misdiagnosis is common during emergencies. Insufficient amount of time to conduct necessary investigations is a major reason for this and, in most cases, the patient suffers harm.
If you believe that any of these factors have played a role in your case, feel free to contact us for a free online claim assessment. If your assessment is successful you will be connected to our partnered expert misdiagnosis claims solicitors who will help seek your deserved compensation.
Do I Have a Cancer Misdiagnosis Claim?
If your cancer-related condition has been misdiagnosed and you feel that the outcome would have been different if it wasn’t for the delayed or incorrect diagnosis, then you may be able to make a claim. Although each medical negligence claim is unique, the following will need to be established:
Breach of Duty: This means that the treatment you received fell below the standard of care expected of a competent medical professional.
Causation: This means that you have suffered harm as a direct consequence of the negligent care you received.
What is the Amount for Cancer Misdiagnosis Compensation?
There is no average cancer misdiagnosis compensation award since each medical negligence case is unique and can be complex. If you are successful and we connect you to one of our partnered law firms who take on your negligence claim, your misdiagnosis claims solicitor will consider the different ways that the cancer misdiagnosis has impacted your life and take these effects into consideration to help you calculate the right settlement for you.
How Much Time Do I Have To Make My Claims?
As with other medical negligence claims, you will have three years from the date you became aware of the misdiagnosis or from the date of death if you are claiming for a deceased loved one.
If you are filing a lawsuit on behalf of a child, you act as a ‘litigation friend’ and do so even if the child is a minor; otherwise, the 3-year time limit will begin when the child turns 18.
Seek Legal Advice and Start Your Claim
As a claims management company, we have your best interest at heart. And if you qualify for a free claims assessment, and that is successful, we will connect you with one of our partnered medical negligence solicitors at no cost to you.
Get in touch for a free consultation with us today on 0800 644 4240. You can rest assured we are committed to making your quest for justice a reality!
We are a claims management company and receive payments from our partnered law firms for our service. Our service is completely free.
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