There are over 300,000 cases of cancer every year in the UK, with over half of those relating to bowel, prostate, lung and breast cancers. However, of those patients, about 11% were dissatisfied with the diagnosis they received, the treatment they underwent or the outcome of that treatment. If you have been the victim of a cancer misdiagnosis, it’s possible that you could make a claim for compensation.
The Duty Of Care of Medical Professionals
There have been numerous cases over the last few years of patients having been misdiagnosed. A reports in The Daily Mail from 2015 showed that the NHS were paying out up to £4 million every week in compensation to patients who had been given an incorrect diagnosis.
Every medical professional has a legal obligation to provide medical treatment to the highest possible standards, and not to betray the trust of the patient. This means that after a doctor has accepted responsibility for a patient, they then become liable for all injuries which result from any negligence arising from their care which results in extra suffering for the patient.
The Reasons For Cancer Misdiagnosis Claims
If you are considering suing for cancer misdiagnosis, you will want to know whether you have a valid claim. There are many reasons for claims including:
- Delayed treatment which worsens the condition or even results in the patient’s death
- Misdiagnosis which leads to incorrect treatment, hindered recovery and delayed correct diagnosis and treatment
- Errors in medication, either the wrong type of medication or an incorrect amount
What Can I Do If I’ve Been Misdiagnosed?
If you have been a victim of a cancer misdiagnosis, you could make a claim for compensation. In order to be successful, you will need to collect evidence to show your misdiagnosis and the ways in which it has had a negative impact on your life. If necessary, get another medical opinion and make sure to keep records of all prescriptions and statements given by specialists and physicians.
Also, make sure to keep documentation to support any financial losses that you have sustained because of your misdiagnosis. As there is a three year time limit to make a claim for cancer misdiagnosis, you need to move quickly if you think you are entitled to compensation.
What Can I Claim For?
If you sue for cancer misdiagnosis, there are numerous damages, expenses and costs that you may be able to claim for, including:
- General damages in respect of suffering, pain and disability
- Special damages for expenses incurred because of the cancer misdiagnosis
- Medical expenses in respect of medicine and equipment
- Travel expenses
How Much Will I Be Able To Claim For Cancer Misdiagnosis?
The amount of compensation which you may be awarded for cancer misdiagnosis will vary depending on the circumstances of your individual case, however, if you obtain legal advice you advisor should be able to give you a rough idea of how much you may be able to expect.
How Do I Begin Making A Claim For Medical Negligence on Cancer Misdiagnosis?
If you believe you have a case for cancer misdiagnosis, it is important to seek legal advice as quickly as possible. A specialist in medical negligence claims will be able to inform you as to whether you have a valid claim and whether your physician has acted negligently, giving you a level of care that was below the expected standard for a professional in the same field.
If you wish to sue for cancer misdiagnosis, you will need to prove that the incorrect treatment you received has resulted in your experiencing unnecessary suffering, pain or injury. If you received incorrect treatment but your symptoms have not worsened, you may not be awarded any compensation.
You will need to file your claim against the hospital, surgeon or physician that was responsible for your initial consultation. If you were given incorrect treatment by a private clinic you can sue the medical practitioner themselves, their insurance company or their payroll.
If you are ready to make your claim, contact us today to arrange a consultation and find out whether or not you have a valid case for damages. We look forward to helping you to get the compensation that you deserve for the suffering that you have endured unnecessarily.
When Suing for medical negligence the UK law is changing
If you are considering suing for medical or clinical negligence the law may be changing the government has plans to cap the costs on clinical negligence claims for more information you can view here plans for fixed cap on legal costs for clinical & medical negligence cases.