Early diagnosis is crucial when it comes to cancer, as this can play a huge role in your chances of returning to 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. Should this be the case, you may be entitled to make a cancer misdiagnosis claim against the healthcare provider or medical institution.
What is Cancer Misdiagnosis?
Simply put, cancer misdiagnosis is a term that describes when a medical professional provides definitive yet incorrect cancer diagnosis.
In the early stages, many ailments present similar symptoms to cancer, and this may make it difficult for a medical professional to determine the true cause of the patient’s illness. It is important, therefore, that a doctor employs the use of different procedures to identify and diagnose a patient’s condition in order to eliminate a life-threatening ailment. Ultimately, misdiagnosis can result in the worsening of a patient’s condition and – in extreme cases – lead to death.
However, it is important to note that not all diagnostic errors can warrant medical negligence claims. According to the law, misdiagnosis alone is not enough to hold a medical professional liable. To establish misdiagnosis as a patient, you must prove these three things:
- Doctor-patient relationship
- Negligence on the part of the attending doctor. This means that the doctor failed to provide reasonable, competent and acceptable treatment.
- That the doctor’s medical negligence caused harm to you.
All doctors are bound by the ‘duty of care’ they owe their patients. This means that they must do their utmost to protect the patient from injury by providing a reasonable and acceptable standard of care. If you have suffered a cancer-related injury due to misdiagnosis, then you need 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 a 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 the most common form of misdiagnosis.
- 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. Medical conditions such as appendicitis, stroke and even heart attacks are often misdiagnosed.
If you believe that any of these factors have played a role in your case, feel free to discuss with our misdiagnosis claims solicitors today.
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 ‘but for’ the delayed or incorrect diagnosis, then you may be able to pursue cancer misdiagnosis claims. 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.
Cancer Delayed/Missed Diagnosis
Different types of cancer present in different ways at different stages. Cancer misdiagnosis may include the delayed or missed diagnosis of conditions such as:
- Breast Cancer
Delay, wrong diagnosis and radiologist mammography errors are some of the most common causes of breast cancer misdiagnosis. If your breast cancer has deteriorated as a result of misdiagnosis on the part of your healthcare professional, you may be entitled to a breast cancer compensation claim.
- Liver Cancer
Liver cancer misdiagnosis can have devastating effects on the victim and in many cases, can be fatal. If you find yourself in this situation, you may be entitled to make liver cancer misdiagnosis claims.
- Bowel Cancer
Bowel cancer misdiagnosis can deny you of the medical care that you need to feel healthy and this can significantly affect your chances of recovery from the disease. If this is your situation, you may be able to make bowel cancer misdiagnosis claims.
How Much Compensation Can I Receive for Cancer Misdiagnosis?
How much compensation you may be able to claim will largely depend on a number of factors, including:
- Severity of the condition due to misdiagnosis
- Impact on your life
- Future medical care required
- Loss of earnings
- Out-of-pocket expenses
There is no average cancer misdiagnosis compensation award since each medical negligence case is unique and can be complex. At the start of your cancer misdiagnosis 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.
Pursuing cancer misdiagnosis claims can help claimants seek the justice they deserve and, in some cases, you may also receive an explanation for the negligent act. But more importantly, it can help you gain access to the medication and treatment you need to restore your life back to normal.
Can I Make Cancer Misdiagnosis Claims on Behalf on a Deceased Loved One?
As a rule of thumb, you have to be classed as a child, parent, partner, spouse or dependent of a loved one who has passed away as a result of cancer misdiagnosis.
At Medical Negligence Direct, we understand that this is difficult and challenging time for you; this is why we strive to ensure you get the answers you need, as well as the compensation that can help you possibly get your life back to how it was prior to the misdiagnosis.
Can I Make a Claim if I Have been Wrongfully Diagnosed with Cancer?
On rare occasions, a patient may be diagnosed as having cancer when, in actually, they did not. Wrongful diagnosis can have devastating emotional and physical effects on a victim, and these consequences can remain long after the error.
The perception of cancer alone can cause serious psychological trauma, stress and even depression. Cancer treatments include radiotherapy and chemotherapy, and they carry significant side effects and risks. When an individual is unnecessarily exposes to these treatments, it not only affects the patient’s health but mean that proper diagnosis and treatment of the real condition is delayed.
If you have suffered harm as a result of wrongful cancer diagnosis, cancer misdiagnosis solicitors can help you make a claim for compensation.
Is there a Time Limit for Making Cancer Misdiagnosis Claims?
Cancer misdiagnosis is a branch of medical negligence; this means that 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 making a cancer misdiagnosis claim 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.
No Win No Fee Cancer Misdiagnosis Claims
Making medical negligence claims on a No Win No Fee basis can provide some respite as you seek justice and compensation for the mistreatment you have suffered. Medical negligence No Win No Fee UK can spare you the pain and frustration of taking on huge legal expenses, especially in complex and drawn-out cases.
Also known as ‘Conditional Fee Agreement’ this funding approach can help you mitigate the risk involved in making a medical negligence claim while ensuring you can still have access to the best possible legal support.
Why Choose Us?
As a panel of medical negligence solicitors, we assure you of the best legal support possible. Our solicitors employ a step-by-step approach when handling claims by first assessing the strengths of your case, then helping you put together relevant evidence that can help you in making the claim.
As a victim of medical negligence who is possibly undertaking cancer treatment, our goal is to help you make the process as simple as seamless as possible. When you contact us, our specialist solicitors will provide a no obligation, no-cost consultation to help make your compensation claim a hassle-free process.
Call Us to Start Your Claim
Get in touch with us today on 0800 644 4240. You can rest assured we are happy to make your quest for justice a reality!