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Liver Cancer Misdiagnosis Compensation Claims
Although liver cancer is relatively rare in the UK, cases of liver cancer misdiagnosis claims are gradually increasing. A liver cancer diagnosis can be extremely frustrating to anyone who has been diagnosed. However, being misdiagnosed with liver cancer could be even more troubling to the patient.
The earlier the liver cancer diagnosis is made, the smaller the tumours. This increases the chances of positive treatment outcomes, so it is vital that patients are diagnosed and treated at the earliest possible time.
You may be entitled to liver cancer misdiagnosis claims if you are a victim of misdiagnosed liver cancer. Our liver cancer misdiagnosis solicitors are ready to lift some burden off you, by providing you with the best advice and support while also getting you compensation for misdiagnosis.
Possible symptoms of Liver Cancer
As cancer of the liver develops, sick people start to feel tired and have less appetite. They may also lose weight, experience nausea or vomiting, have pain in the liver area, have a fever, jaundice or a swollen abdomen from the presence of fluid (ascites).
In some situations, digestive bleeding can also be a consequence of the disease. In the presence of these symptoms, the patient is generally brought to consult his attending physician. A series of examinations are then carried out to make the diagnosis, including blood test or abnormal abdominal imaging which may suggest the presence of a tumour in the liver.
When Does Liver Cancer Misdiagnosis occur?
A case of liver cancer misdiagnosis occurs when there is undetected liver cancer and your healthcare provider completely fails to diagnose the liver cancer. Some cases result when a wrong diagnosis is given. At other times, it could also occur when a correct diagnosis is provided later than normal, or when a patient is falsely diagnosed with cancer.
Liver cancer is the sixth most common cancer worldwide. Almost two-thirds of all cases of liver cancer occur in men, approximately 80% of which are 60 years or older. However, you are more likely to suffer liver cancer if you are diabetic, have cirrhosis (liver damage) or have low immunity.
Unless a patient is undergoing regular check-up, liver cancer is rather unfortunately diagnosed late, due to the fact that liver cancer symptoms are usually absent until the advanced stages of the disease. This increases the rate of liver cancer misdiagnosis in the UK.
When can liver cancer misdiagnosis claims be made?
You can claim compensation for any of the following conditions if you have fallen victim to medical negligence by your healthcare provider.
- If you have been falsely diagnosed with cancer.
- If your healthcare provider completely neglects your cancer diagnosis
- If you have had symptoms but your doctor fails to run appropriate tests to detect them.
- If your doctor makes a late diagnosis of your problem.
If you find yourself in any of these rather unfortunate situations, then you are qualified to claim compensation for liver cancer misdiagnosis. Our medical negligence solicitors have helped a lot of people in your condition get compensation for misdiagnosis. We can help you get compensated for all the pain you have been put through by your healthcare provider.
6 Simple steps to making a liver cancer misdiagnosis compensation claim
- Confirm the status of your claim – whether or not it is claimable
- Provide evidence to support your claim – This could include your clinical history
- An independent medical expert will access your claim
- Your case will be presented to the defendant and negotiations made
- If liability is not admitted, the case goes to court
- Finally, compensation is awarded
Making liver cancer misdiagnosis claims may not seem pleasant at first, but we will help you make the process easier. But even so, we recommend that you have some patience so that the obstacles do not make you give up.
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The following will serve as a proven guide as we help you make a compensation claim.
- We check that your negligence is claimable
Our cancer misdiagnosis solicitors can help you if you have been a victim of bowel cancer misdiagnosis. One thing paramount for you to know is if your case is claimable. The first step to take is to call us or fill out our free assessment form and we will be in touch.
Our medical negligence solicitors will ask you several questions and would require you to attach some evidence in order to assess your case thoroughly. Please note that it may take several days depending on varying situations.
- Request the clinical history
Once you complete the form and provide us with the necessary documentation, we see if your claim is valid. One of the documents that we will need to validate your claim is the medical history.
- A specialist expert puts forward a strong case
After obtaining it, a medical expert will assess the viability of your case. We will inform you if it is medically feasible to claim compensation and why. If you have to provide more documents, don’t worry, we will notify you by email. Thereafter we will put forward a solid case for your claim.
- We try to reach an amicable agreement
After validating the claim, our solicitors will send a letter of claim to the defendant stating the negligent act and await a response. If you suffered negligence in a public clinic, you have to file a patrimonial claim against the administration or claim your insurer. This claim is prior to judicial proceedings. In the case of privately owned hospitals, a prior claim is made directly with the clinic.
- If there is no amicable agreement, we file a lawsuit
Having issued a letter of claim, if the defendant refuses to admit liability or if we do not reach an amicable agreement, we may have to initiate the judicial process. If this occurs we will inform you of it. In which case, our lawyers will be there to help.
As you know, a judicial process can be something tedious, slow and that we do not control. We totally depend on the activity and workload of the court in which it falls.
Once resolved, one of two things can happen:
- If the judge issues a favourable judgment, it means we have won the case. Here we will inform you about the sentence and what the judge has granted.
- If the judge issues an unfavourable sentence, in this case, it means that we have lost the case. Don’t worry because you won’t have to pay us anything.
- You get your money
Whether there has been an amicable settlement or if we have won the case in court, we will contact you to inform you of how and when you will receive your compensation payment. The whole process can take between a year and a half and two years. But the deadlines will always depend on the court.
So if you or your loved one is a victim of negligence and wondering; can cirrhosis be misdiagnosed? The answer is yes and you can also make a claim for compensation for your suffering.
How much will a misdiagnosis claim cost me?
The costs of a claim for liver cancer misdiagnosis will depend on whether they are resolved amicably or judicially:
If the negligence claim is resolved amicably (before filing the claim), we will charge, only if we win the case, 25% plus VAT of the amount obtained.
If the negligence claim is resolved in court, the cost of the claim is increased. We would charge £350 (plus VAT) for the attorney and administrative management expenses (only in cases where the opposing party is not ordered to pay costs) and 25% (plus VAT) of the amount obtained.
Our No Win No Fee agreement
Our medical negligence solicitors make it possible for you to claim compensation on a no win no fee basis. What a No Win No Fee means is that we will have a prior agreement with you that you will not make any payment if the case is lost.
However, if the case is won (which is a more likely occurrence), you will be required to pay success fees from your compensation, as well as any other costs and expenses not paid by the other party. Usually, the success fee is about 25% of your total compensation awarded. Feel free to reach out to us for further queries.
Must your Misdiagnosis Claim get to court?
Absolutely not. If your doctor is guilty of misdiagnosis and we make an approach for compensation, he could either decide to admit liability or not.
If they decide to compensate you, then there will be absolutely no need to take the case to court. Cancer misdiagnosis claims only make it to court if your healthcare provider decides against compensating you for misdiagnosis.
Survival Statistics for Liver Cancer
Life expectancy after liver cancer diagnosis would largely depend on how advanced the cancer is at diagnosis. Liver cancer survival statistics are very general estimates that should be interpreted with caution. Since they are based on the experience of groups of people, they cannot predict the chances of survival of a particular person.
According to cancer research, in England, the 5-year net survival for liver cancer is generally higher in younger people when compared to older people. And an average of almost 15 in 100 people will survive their cancer for 5 years.
In addition, survival varies depending on the stage of liver cancer. For example, the median survival for stage D liver cancer, without treatment is less than 4 months; while the median survival of stage 0 liver cancer, even without treatment is more than 3 years.
How we can help
Our team of medical negligence solicitors work with independent doctors to investigate the circumstances of your medical treatment and will fight tirelessly for compensation on your behalf if your treatment was negligent.
We absolutely understand that working with us at a time when you are living with a diagnosis of cancer means you are already facing many challenges, and we will help to support you and your family through this very difficult time. We can help with benefits, advice, and direct you to specialist services suited to your needs.
Get in touch with us to find out more. Most claims never reach court and are usually on a no-win, no fee basis.
Frequently Asked Question about Liver Cancer Misdiagnosis Claims
Can liver cancer be wrongly diagnosed?
If your medical professional fails to thoroughly investigate your symptoms, liver cancer can be misdiagnosed. It is the responsibility of your doctor to rule out the most serious conditions, including liver cancer.
Can I sue for cancer misdiagnosis?
Cancer misdiagnosis victims may be able to file medical negligence, or medical malpractice, a lawsuit against the doctor or other party responsible for the cancer misdiagnosis. When filing a lawsuit against another party, the patient or patient’s family is referred to as the plaintiff.
Can you get compensation for misdiagnosis?
Under general damages, you can claim compensation for the pain, disability and suffering that you may have experienced because of the misdiagnosis. Under special damages, you can claim compensation for all expenses that were directly due to the medical misdiagnosis.
How do you prove misdiagnosis?
Patients must prove three basic elements to bring a viable medical malpractice claim for misdiagnosis or failure to diagnose:
- A doctor-patient relationship existed at the time of the alleged error in diagnosis.
- The doctor’s error rose to the level of negligence, and.
- The patient suffered harm due to that negligence.