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Exactly What Are Lung Cancer Misdiagnosis Claims?
Lung cancer misdiagnosis claims arise when a patient decides to file a lawsuit against a hospital or a health care provider for missing or delaying their cancer prognosis causing the patient’s condition to deteriorate.
Cancer is one of the most commonly misdiagnosed ailments. If the exact cancer problem is diagnosed early there is a good chance of a patient’s survival rate. On the other hand, delayed diagnosis can make the cancer spread faster to other nearby organs and subsequently lead to the advanced stage.
There’s been a growing awareness of Lung cancer misdiagnosis claims. A patient can sue their doctor or even hospital for negligent care received during their time of undergoing one form of sickness or the other. Others who battle with stage 4 lung cancer misdiagnosis may have no idea of a lawsuit. If symptoms of your lung cancer were misdiagnosed by your GP, you may be able to claim compensation. Our lung cancer misdiagnosis solicitors will help you get justice for your misdiagnosis.
What is Lung Cancer Misdiagnosis?
While it is advisable and vital that lung cancer is diagnosed as early as possible, if a medical professional has failed to diagnose your lung cancer at the very earliest stage, you may be a victim of cancer misdiagnosis. This is the moment where victims make their claim, as the lung cancer misdiagnosis claims are made on lack of an acceptable level of care. Provided that a medical professional has negligently misdiagnosed lung cancer, they have fallen below the quality standard of care expected of them.
It is the right time to take a quick step towards lung cancer misdiagnosis compensation. If a patient complains to a medical professional about potential lung cancer symptoms, routine investigations should be carried out immediately. On the other hand, if your doctor does not investigate your symptoms, lung cancer can be misdiagnosed. It is unacceptable for a doctor to make any assumption regarding your condition as this can lead to doctor negligence.
How To Diagnose Lungs Cancer
If really a medical professional is observant, specialized and skilled, the condition can be detected early and treated. To diagnose lung cancer, medical professionals must carefully assess the patient’s symptoms. Some common symptoms of lung cancer are:
- Coughing up blood
- Loss of appetite
- Unexplained weight loss
- Severe cough that does not go away
- Aches and pains when breathing or coughing
The above listed symptoms should alert a medical specialist of the risk of lung cancer as it is also their duty to investigate your symptoms in order to rule out lung cancer.
Medical professionals in their work do not make pleasing assumptions that the symptoms are caused by a less serious condition as it is not acceptable and unprofessional.
Tools for diagnosis that will help doctors
- CT Scans: This type of scan takes a detailed image of the inside body.
- Ultrasound Scan: This scan will provide a doctor with a detailed image of your lungs and the surrounding area. Its high frequency wave provides a detailed image of your lungs.
- Biopsy: Involves taking a sample of tissue from the lung and surrounding area to test for cancerous cells. This tool can be highly effective.
- Bronchoscopy: This allows a medical professional to place a tube down the throat of the patient, which provides visual images inside your body. It is also highly effective in the diagnosis of lung cancer.
Why Is Lung Cancer Commonly Misdiagnosed?
Lung cancer is believed to be one of the most common types of cancer. In the UK alone, about 47,000 people are diagnosed with lung cancer every year. Sometimes Doctors who completely rely on imaging methods to identify lung cancer can misdiagnose patients.
For instance when a medical professional discovers a benign tumour but fails to do proper examination to know whether it is cancerous and he goes ahead to prescribe treatment. Treating a non cancerous lung tumour as cancer can harm the patient and subsequently lead to lung cancer misdiagnosis claims.
LUNG CANCER STATISTICS UK
Acc. to Cancer Research, Lung cancer is believed to be one of the most common types of cancer. In the UK alone, about 47,000 people are diagnosed with lung cancer every year.
|Lung Cancer statistics||New Cases||Year (2015- 2017)|
|New Cases||Around 130 Cases daily||47,838 cases yearly|
|Deaths||23100 Females||35,137 in all cases|
|Survival Rate||10%||3rd most common cancer|
|% Of Preventable Cases||79%||79%|
Common Reasons For Making Lung Cancer Misdiagnosis Claims
Here, our lung cancer misdiagnosis solicitors are specialists in guiding you through the measures to be taken in filing lung cancer misdiagnosis claims in a very friendly and expert way.
In making lung cancer misdiagnosis claims, there are time limits set aside strictly on when you can make these claims, that is why it is very important you seek the knowledge of specialists and their legal advice as early as possible if you think you may have been a victim of lung cancer misdiagnosis.
Common reasons for making lung cancer misdiagnosis claims include:
- A Doctor Failed To Diagnose Symptoms Of Lung Cancer.
- There Was A Delay In Referring A Patient To A Specialist By A Hospital Or Medical Professional.
- There Was Complete Failure Of Transferring A Patient To A Specialist For Further Examination.
- A Hospital Failed To Arrange For Further Xray, Scans And Testing Will A Medical Professional Suspected Symptoms Of Lung Cancer.
- There Were Avoidable Delays In Responding To Biopsy Results.
- Inadequate Arrangement Made For The Treatment Of A Patient Suffering From Lung Cancer.
- A Doctor Failed To Perform Further Investigation Or Biopsy In The Case Of Tissue Abnormalities.
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Steps In Making Lung Cancer Misdiagnosis Claims
As the rise of patient’s dissatisfactory services towards doctor’s negligence increase, most patient would need help in knowing how to go about their negligence claim, and this is where we the medical negligence experts come to a play, as our emphasis is drawn towards lung cancer misdiagnosis claims, where our lung cancer misdiagnosis solicitors are specialized in. Below are the steps to making a lung cancer misdiagnosis claim:
- Initial contact
This is the first step to take in making medical negligence claims. You get in contact with the firm, to provide and make you understand in a brief summary, why you think you might have a claim. You will be assessed by our specialist whether you are in time to bring a claim and whether it is likely to be a successful one.
With our great funding option no win, no fee, you will be advised of this funding option if we draw into the conclusion that the claim is worthy of furthering investigation
- Obtaining records
This is the step taken by us, the solicitors, to obtain a complete set of your medical records, which will be reviewed by an in house nurse
- Instructing experts
We need to show that the treatment or lack of treatment provided to you was an unreasonable breach of duty. Afterwards, we need to prove that as a result, harm has been caused.
- Valuing a claim
It is very important as necessary to consider your pain and suffering as well as your spent cost, to value your claim. How much compensation for cancer misdiagnosis claims depends on the severity of the harm caused. Once we have obtained supportive expert evidence on issues concerning breach of duty, we start to look at the value of claim.
General diagnosis calculations are done by considering any relevant court guidelines as well as by exploring settlements other clients have received in similar circumstances.
- Presenting a case to the defendant
As the duty of our solicitors, presenting a case(claim) to the defendant in a document known as a letter of claim, will be carried out once all necessary and supportive expert evidence has been obtained.
A defendant has 4 months to investigate, obtain their reports and confirm whether the claim will be contested or admitted within a letter of response.
- Considering the letter of response
The next step will be to explore settlement if the defendant makes admissions. Offers could be made in writing or higher value claims. Meetings might be held between the parties to attempt to agree on an appropriate amount of compensation.
- Starting court proceedings
Whether the defendant is denying a claim or the parties are a distance apart in their valuations, if a settlement cannot be reached, then it might be necessary to involve the court.
- Court timetable
With starting a claim at court, you may not necessarily be going through a trial. The court sets a timetable which will help encourage resolution.
Suing The NHS For Misdiagnosis Of Cancer
We do not emphasize suing the NHS for misdiagnosis of cancer as a compulsory thing to do, but however, if the standard of care provided by a healthcare professional is so poor to an extent that it shows negligence, often, victims have no other choice but to file a lung cancer lawsuit for their misdiagnosis.
Most of our clients want to have an explanation of how things went wrong, whereas unfortunately, victims get to find out that without making a claim, a proper explanation may never be given to them. Lung cancer misdiagnosis rates vary in the NHS. However, our solicitors have identified a number of factors which may often result in a medical negligence claim:
- Incorrect interpretation of test results
- Incorrect reading of ultrasound scan
- Failure to carry out investigations
- Failure by a doctor to identify symptoms
- Failure of not being a scholar
- Misrepresentation of data.
No Win No Fee Lung Cancer Misdiagnosis Claims
No win no fee explanation is simply a conditional fee arrangement, where an agreement is made between the injured persons and their solicitors. This agreement protects injured claimants by ensuring that they will not need to pay any legal fees if their solicitors claims are unsuccessful.
In a case where you have been injured that was not your fault, you could be eligible to make a no win no fee negligence claim. A victim can legally make a no win, no fee personal injury compensation claim with:
- No financial risk
- No legal fees to pay if your claim is not successful
- A success fee payable to a solicitor if you win your claim
In the UK, lung cancer is the biggest cause of cancer deaths. With such a tragic diagnosis, about 35,000 people die from lung cancer each year in the UK. All thanks however to the medical advances that allow early intervention, as death rates are falling and survival rates are increasing. Yet sometimes, mistakes occur as a result of misdiagnosis or incorrect interpretation of symptoms and this will ultimately lead to lawsuits.
The chances of a patient’s recovery is termed worse if a medical professional negligently fails to diagnose lung cancer as the longer lung cancer is left untreated. Our cancer misdiagnosis solicitors are experts in the lung cancer misdiagnosis claims as they are readily available to take the quick step with moving your claim. It is therefore important that you seek advice as soon as possible to protect your legal rights without delay, as it can result in you missing the chance to obtain justice for your sufferings.
Ready To Start Your Claim With Us?
If you think you or a loved one may have had their lung cancer misdiagnosed, you may be eligible to make a lung cancer misdiagnosis lawsuit. Our lung cancer misdiagnosis solicitors will help you get justice for your misdiagnosis. Many victims of lung cancer, even the stage 4 lung cancer misdiagnosis, have been represented by our medical negligence experts.
Frequently Asked Question about Lung Cancer Misdiagnosis Claims
Who Can Be Responsible For The Misdiagnosis Of Lung Cancer?
Professionally speaking, all medical professionals owe their patient a duty of care. Therefore if at any point in time the medical professional falls or lung cancer treatment is not working due to the low standard of medical care given, they can be sued for negligence, resulting from misdiagnosis of cancer.
What Is Lung Cancer Misdiagnosis Claim?
If you have been treated in a negligent manner, as a victim of lung cancer misdiagnosis, the lung cancer misdiagnosis claims can be made against a negligent healthcare provider immediately, as the law allows you to bring a civil claim so that you can be compensated not only for your sufferings and unnecessary pains but also for any financial loss you have suffered through your period of diagnosis.
How Can I Make a Lung Cancer Misdiagnosis Claim?
As much as lung cancer misdiagnosis claims are about obtaining compensation for your sufferings, they are also about obtaining proper justice, as our solicitors understand very well that it is a difficult time and a set back time for you, the victim, and often with nobody to run to.
We are trustworthy to be in your corner, fighting your case. Our solicitors will provide you with all the support you need in the period of processing your claim. Like we said earlier, a strict time limit is set as a bound to your claims, so you need to act fast.
How Much Is My Lung Cancer Misdiagnosis Claims Worth?
Cancer misdiagnosis settlement claims amount and payout varies depending on the severity of your case. You get compensation only if it has been established that you have suffered unnecessary pain and suffering as a result of poor lung cancer treatment. Your sustained injury that you have suffered may have also caused you financial difficulty or unnecessary costs which you have a legal right to be compensated for.
Unfortunately, there is no specific amount for settlement as the outcome of every claim is unique. However, you can use our compensation calculator to get a rough figure on how much your claim may be worth.
What Is The Timeline For Cancer Misdiagnosis Claims?
A less complex claim where a hospital or medical professional admits their mistakes can take up to eighteen months to about two years to settle. However, if a case does not reach settlement, court proceedings could take between three to four years to claim compensation.