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Cancer Misdiagnosis Compensation Claims & Solicitors
“Early detection of a cancer condition hugely improves the chances of making a full recovery. If your cancer condition was misdiagnosed, here is how to make cancer misdiagnosis claims.”
Cancer misdiagnosis claims refers to when an individual sues his doctor or healthcare provider for acts of negligence leading to misdiagnosis of a cancer condition.
Cancer sufferers go through a very difficult and traumatic time physically, psychologically and financially. The situation even becomes more painful when it is discovered that the doctor failed to diagnose the condition earlier when it would have been easier to manage.
Cancer being one of the leading causes of death globally is more difficult to manage or treat when not diagnosed early and the chances of recovering fully reduces drastically with each passing day. However, if cancer is identified and treated at an early stage, the outcome can be improved massively. That is why the issue of cancer misdiagnosis is very serious.
Cancer Misdiagnosis Statistics in the UK shows that cancer is listed as the second most common cause of death with about 164,000 people dying of cancer between 2016 and 2018.
Lung cancer for instance killed about 1.71 million persons globally making it the deadliest form of cancer. It is also sadly the third most common type of cancer.
In the UK, one in five of cancer patients are correctly diagnosed of their condition after more than six months which is simply unacceptable.
What Is Cancer Misdiagnosis?
Cancer misdiagnosis describes a situation where a medical professional or GP fails to accurately diagnose a case of cancer. It also refers to situations where patients are falsely diagnosed with cancer when they are actually cancer free.
Cancer misdiagnosis also describes when a patient is given a false “all-clear” when there are still cancerous cells. It is also a huge failure on the part of the medical professionals not to refer their patients to a specialist for further medical examination or recommend further confirmatory tests when there is a suspected case of cancer.
Medical misdiagnosis of any kind has devastating effects on the affected individual as well as the family or other dependents.
Reasons For Cancer Misdiagnosis Compensation Claims
Due to the high number of misdiagnosed cancer cases worldwide, extensive studies and research has been done to know the actual cause of cancer misdiagnosis. According to the Journal of Clinical Oncology, cases of cancer misdiagnosis occur in up to 44% of all cases.
Shortfalls in budget have meant that the NHS have had to reduce the number of staff as well as close some medical centers. This has also impacted the level of care provided which will continue to lead to incidents of medical negligence.
The main causes of cancer misdiagnosis are as follows;
Human Mistakes in Cancer Diagnosis
- An incorrect reading of your test result or laboratory readings could lead to wrong treatment or even a false “all-clear” which will mean no treatment at all. This drastically affects the individual and greatly reduces the chances of survival and life expectancy. For example, the incorrect interpretation of a chest x-ray or CT-scan will mean failure to identify signs of lung cancer.
- Another human error is the failure of medical professionals to refer a patient for further tests to rule out or confirm the presence of cancer. Medical professionals are to use all the medical tools available to ensure that the correct diagnosis is made.
- Human mistakes can also arise when healthcare professionals are given targets or time pressured. Although targets are put in place to improve the quality of service delivery, medical practitioners may not be meticulous or give adequate attention as required to their patients which will lead to misdiagnosis.
Since cancer may have symptoms that are similar to other less serious medical conditions at the onset, it is important that mistakes are avoided so that the right call can be made.
For instance, breast cancer which affects one in eight women, may be incorrectly diagnosed as a benign cyst. Also, pancreatic cancer may be misdiagnosed as pancreatitis while patients with lung cancer may be incorrectly diagnosed with asthma, pneumonia, bronchitis, tuberculosis or pleurisy.
Therefore, medical professionals need to be vigilant and perform all necessary tests before making a diagnosis.
A Fragmented Healthcare System
Where the healthcare system is fragmented, errors are made leading to misdiagnosis or delay in commencing treatment. When medical professionals fail to share information with each other for the best interest of the patient, there could be serious consequences. Your local GP may fail or take too long to refer you to your local NHS hospital for further medical examination and specialist diagnostic services. When it is finally done, and the NHS hospital fails to request your attendance for the tests, this will lead to delayed treatment which greatly affects the individual’s quality of life and survival chances.
Time Pressure on Medical Professionals
Targets imposed on the medical professionals by the government can lead to pressure on the medical professionals which will mean that patients may not get the most attentive medical care from the medical professional.
Although targets are put in place to improve service delivery, mistakes relating to cancer misdiagnosis are bound to occur.
If a medical professional completely missed or misdiagnosed your cancer such that your situation has been made worse or you may have suffered unnecessary pain and trauma as a result of the negligent treatment, our Medical Negligence Solicitors are experts in Cancer Misdiagnosis Compensation Claims. You can reach out to them today by completing our quick Free Claim Assessment or call us on 0800 644 4240.
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Which Cancers Are Commonly Misdiagnosed?
Medical research has shown that the cancer types most commonly misdiagnosed are;
- Breast Cancer
- Bone Cancer
- Lung Cancer
- Ovarian Cancer
- Testicular Cancer
It is important for medical professionals to take particular care when patients visit them and show symptoms that may relate to the above types of cancer and in fact any cancer type. When a medical professional fails to properly investigate and give the right diagnosis, then they can be said to have committed medical negligence.
How Are Cancer Conditions Misdiagnosed?
- Cervical cancer – Delay or failure to recommend Pap smear tests or HPV tests or failure to carry out thorough examination with a magnifying colposcope to check or confirm abnormal sized cells.
- Ovarian cancer – Delays or failure to carry out CA125 blood test, abdominal or transvaginal ultrasound, X-ray, CT scan, needle biopsy or laparoscopy.
- Breast cancer – delay or failure to carry out mammogram or breast ultrasound, biopsy or needle aspiration.
- Prostate cancer – Delays or failure in recommending an MRI scan, transperineal biopsy, transrectal biopsy, CT scan or PET scan especially when you have abnormal prostate-specific antigen levels.
- Lung cancer – Delays or failure in recommending chest X-ray, CT scan, PET-CT scan, bronchoscopy and biopsy or endobronchial ultrasound for confirmation.
- Bowel cancer – Delays in in recommending a colonoscopy, CT scan or sigmoidoscopy (examination using a camera and light on a thin tube)
- Bone (Sarcoma) cancer – Delays in recommending a scan, biopsy or bone scan
Misdiagnosis also arises when there is failure in accurately interpreting the results of these tests.
For whatever reason why your cancer condition was misdiagnosed, it is still not acceptable. Medical professionals owe a duty of care to their patients and when they fail in such duty, the consequences can be traumatic.
This is why you must take action to seek redress and get a deserved compensation for you or your loved one. This may not necessarily reverse the unfortunate incident but it will surely go a long way to ameliorate the pain and suffering for the individual and family while also ensuring you don’t have to suffer financially. It will also aid the individual access the required medical help to boost chances of recovery.
Cancer Misdiagnosis Compensation Claims
The following are the cancer misdiagnosis claims we handle-
- Bone Cancer Misdiagnosis Claims
- Bowel Cancer Misdiagnosis Claims
- Brain Cancer Misdiagnosis Claims
- Breast Cancer Misdiagnosis Claims
- Liver Cancer Misdiagnosis Claims
- Lung Cancer Misdiagnosis Claims
- Lymphoma Misdiagnosis Claims
- Ovarian Cancer Misdiagnosis Claims
- Cervical Cancer Misdiagnosis Claims
For any of the above cancer misdiagnosis claims you may have, we are here for you. We therefore encourage you to speak to one of our specialist cancer misdiagnosis solicitors today who will be able to provide you an assessment of your case.
The Psychological Effects of Cancer Misdiagnosis
The impact of cancer misdiagnosis can be devastating in more ways than one to the patient and family. You may have been given a false “all clear” by the doctor only to learn that this was incorrect. On the other hand, you may have been incorrectly diagnosed with cancer which can hugely affect you mentally and psychologically.
An extensive research report published by the Annals of Family Medicine recently found that cancer misdiagnosis can result in long-term psychosocial harm for the patient. It was reported that even three years after a false-positive finding during mammography tests, women with false positives consistently reported greater negative psychosocial consequences compared with women with a correct diagnosis of breast cancer.
Yes, you may have cheerful news that you are cancer free but the devastating impact of the misdiagnosis will not be forgotten in a hurry. You may even lose trust in your healthcare provider for such a costly mistake they have made.
What Happens If You Are Misdiagnosed With Cancer?
When cancer negligence occurs, the results can be really difficult for you and your family. If you think you may have a cancer misdiagnosis claim, then you should reach out to our team of medical negligence lawyers who will give you free legal advice. These experienced medical negligence lawyers are friendly and understanding. They will guide you through the entire cancer misdiagnosis negligence compensation claims process and support you adequately during this difficult time.
Cancer Misdiagnosis Compensation claims need to be handled expertly and our cancer misdiagnosis lawyers will assist you establish that your healthcare provider acted negligently.
When it comes to claiming benefits with cancer, the four parts of negligence which applies to all medical negligence claims must be proven. These are;
- Duty (your medical professional owed you a duty to care for you)
- Deviation (the medical professional failed in that duty of care)
- Direct causation (such failure in duty directly caused you undue pain and suffering as you condition has worsened)
- Damages (you have been severely impacted negatively -physically, emotionally, mentally, financially and otherwise)
To do this, our Medical Negligence Claims Solicitors will assist you provide certain relevant information and documents which will serve as evidence to make your claims. You will also be provided with an Independent Medical expert who will examine you and give a report of your condition. This will be very vital while negotiating with the defendant.
These documents include;
- Detailed statements; appointment dates and the medical professionals who attended to you
- Medical test results and scans
- Witness statements
- Evidence of financial losses incurred as a result of the negligent treatment. This will include past, current and estimated future financial losses
- Medical Report from an independent medical expert
The Cancer Misdiagnosis Compensation Claims Procedure
Our Medical Negligence Solicitors who are experts in Cancer Misdiagnosis Compensation Claims will give you an in-depth explanation into what the claims process entails. You can reach out to us today by completing our quick Free Claim Assessment or call us on 0800 644 4240.
A summary of the entire cancer misdiagnosis compensation claims process is listed below;
- Speak to your Lawyer
- Fund Your Claim
- Gather your Evidence
- Submit your letter of claim
- Payment of Settlement
How Much Can I Get For Medical Negligence Compensation?
There are different types of cancer and so is the compensation amount. Each misdiagnosis case has its own peculiarities and this affects the amount of money an individual can claim. Although the average medical negligence cancer payouts in the UK is around £350,000, cancer misdiagnosis settlements differ with each case. Usually medical negligence compensation amounts are not set in stone, however, our cancer misdiagnosis claims lawyers can give you a range of what you can expect as settlement for your claims using our medical negligence calculator.
What Can You Claim When You Have Cancer?
What can you claim when you have cancer are broadly divided into general damages and special damages.
- General Damages refers to compensation for factors regarding the type of cancer misdiagnosis, severity of the damage caused by the misdiagnosis and the impact it has on you.
- Special Damages on the other hand covers for other financial losses incurred including “out-of-pocket” expenses as a result of the incident. Special damages also take care of medical costs for appointments and treatment, loss of earnings, future prognosis, costs of hiring caregivers where necessary as well as cost for assistive devices or aids necessary for rehabilitation where the misdiagnosis has led to disabling conditions.
No Win No Fee Solicitors For Cancer Misdiagnosis In The UK
At Medical Negligence Direct, we undertake our medical misdiagnosis claims cases under a No Win No Fee policy. This simply means that you are protected from any financial risks while seeking justice for the harm you have suffered. You will not be required to pay for legal fees at all before or during the entire claims process. You don’t even owe us a penny even if the case turns out to be unsuccessful as we take out an insurance cover for you.
However, when medical negligence claims are successful, you will be required to pay a success fee of 25% which will be deducted from the total settlement value as soon as it is paid and you will receive the rest.
Cancer misdiagnosis is a very serious issue which needs to be handled expertly. You do not have to suffer for nothing without anything to hold on to because your GP failed in his duty to accurately diagnose your condition. This is why we are here for you to help you get the compensation you deserve so that you can have the best quality of life possible after an unfortunate incident.
Frequently Asked Questions about Cancer Misdiagnosis Claims
Can I Sue For Cancer Misdiagnosis?
Yes, you surely can. You are legally entitled to sue for cancer misdiagnosis against a doctor or the NHS for negligent treatment leading to misdiagnosis of your condition. You will need the services of a medical negligence lawyer to do this.
What Can Be Mistaken For Cancer?
The truth is that not all bumps or lumps are tumours. There are other conditions which can lead to soft tissue masses but are not tumours.
An infection or abscess can be most commonly mistaken for a cancerous tumour. Cysts which may result from inflamed joints or tendons due to injury as well as other inflammatory conditions such as rheumatoid arthritis may also be mistaken for cancer.
Other bone conditions such as Paget’s disease, fibrous dysplasia, osteopetrosis and even idiopathic myositis ossificans may be wrongly diagnosed as a high-grade osteosarcoma.
Can I Get Compensation For Misdiagnosis?
Of course, you can get compensation for misdiagnosis. The compensation you get is based on the general and special damages. For the general damages, you can claim for the unnecessary pain, trauma and disability you have suffered as a result of the misdiagnosis while the special damages covers for other financial expenses incurred due to the negligent treatment.
How Many Cancer Cases Are Misdiagnosed?
Researches have shown that about 10 to 20% of all cancer cases worldwide are misdiagnosed. The misdiagnosis rate differs with each type of cancer. Pancreatic cancer has one of the highest misdiagnosis rates with near 31% of all cases globally.
In 2017, in the UK, almost 50% of all cancer deaths were lung, bowel, breast or prostate cancer while in the following year, Cancer Research UK found that 22 per cent of the cancer cases diagnosed that year were only picked up at the A&E department.
What Can Cause A False Positive For Cancer?
The current cancer screening methods heavily rely on the medical professionals making accurate interpretation and decisions based on the reports shown. When there is incorrect interpretation of blood tests, biopsies, pap smear tests, x-rays and CT-scans, a false positive for cancer can occur.