Could You Claim For A Misdiagnosis Of Lung Cancer?

In this guide, we will discuss the process of making a medical negligence claim following the misdiagnosis of lung cancer. As we move through this guide, we will outline the criteria of eligibility that must be met to pursue compensation, the evidence you could provide to support a medical negligence claim, and the benefits of using a No Win No Fee solicitor. What’s more, we will provide a table of potential compensation amounts that solicitors can often use to calculate the value of your claim.

misdiagnosis of lung cancer

Could You Claim For A Misdiagnosis Of Lung Cancer?

All medical professionals owe their patients a duty of care. This means they must provide the correct standard of care. Should a medical professional breach their duty of care and cause you avoidable harm, you may be eligible to claim compensation, as this is the definition of medical negligence.

If you meet the eligibility criteria to make a claim for misdiagnosed cancer, you can contact a member of our team at How To Sue for expert legal advice, which is both free and confidential. Our advisors are available 24 hours a day, 7 days a week. Therefore, you can get in contact at a time most convenient for you.

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  1. Claiming Compensation For A Misdiagnosis Of Lung Cancer – A Guide
  2. When Are You Eligible To Claim For Misdiagnosis Of Lung Cancer?
  3. What Evidence Could Help You Receive Medical Misdiagnosis Compensation?
  4. What Compensation Could You Receive If You Have Been Misdiagnosed With Cancer?
  5. Why Make A Medical Negligence Claim On A No Win No Fee Basis?
  6. Learn More About Claiming For A Misdiagnosis Of Lung Cancer

Claiming Compensation For A Misdiagnosis Of Lung Cancer – A Guide

The NHS states that lung cancer is one of the most serious types of cancer. It is also one of the most common. Early diagnosis can make a big difference as cancer is a condition that develops over time and, although starting in one part, can spread to other areas of the body.

Cancer Research UK explains that lung cancer can spread to the following places:

  • The brain
  • Lymph nodes that are nearby
  • The liver
  • Bones
  • The adrenal glands

There are different ways that lung cancer misdiagnosis can occur. Firstly, you could have been wrongly diagnosed with a different illness when you have lung cancer. Secondly, you could be misdiagnosed with lung cancer whilst actually having another illness.

If the misdiagnosis of lung cancer does occur, you could suffer from the following harm:

  • A worsening of your condition
  • An adverse reaction to the wrong medication
  • A worsened prognosis
  • Pain and suffering due to physical or psychological harm
  • It could mean you need to undergo more extensive or intrusive treatment

It is important to note that not all cases of misdiagnosis can lead to a medical negligence claim. If you suffered harm, but a medical professional did not breach their duty of care, you will not be able to make a claim. In the following section, we will explain the criteria of eligibility that you must meet.

When Are You Eligible To Claim For Misdiagnosis Of Lung Cancer?

To make a medical negligence claim following the misdiagnosis of cancer, a criteria of eligibility must be met. This is as follows:

  • A medical professional, such as a doctor or nurse, owes you a duty of care.
  • They breach this duty by not providing the correct standard of care.
  • As a result, you suffer from unnecessary harm.

A misdiagnosis could happen for various reasons. Examples where the breach of a medical professional’s duty of care results in a misdiagnosis can include:

  • A medical professional in a hospital misreads a scan that clearly shows lung cancer. This leads to a misdiagnosis. In the time it takes for you to receive the correct diagnosis, your cancer spreads to other areas of your body. In this instance, you may be eligible to sue the hospital for compensation.
  • A doctor ignores you when you clearly explain all of your symptoms, which indicate lung cancer, and sends you away without suggesting any next steps or tests. This has a negative effect on your prognosis.

If you have suffered avoidable harm due to the misdiagnosis of lung cancer or any other type of cancer, such as breast cancer, speak to one of our advisors for more information about making a medical negligence claim.

What Evidence Could Help You Receive Medical Misdiagnosis Compensation?

Following a medical misdiagnosis, it is important that you seek medical attention. You could also gather evidence if you have suffered unnecessary harm for which you would like to pursue medical negligence compensation. This should prove the occurrence of negligence.

Evidence you could gather to strengthen your claim could include:

  • Medical records
  • Any prescriptions you received
  • Copies of any medical scans or test results
  • A diary of your symptoms to show how they progressed and any treatment you received

We also recommend that you seek expert legal advice on making a claim. At How To Sue, our team of advisors are available to offer free legal advice 24 hours a day, 7 days a week, so that you can call at a time best for you.

What Compensation Could You Receive If You Have Been Misdiagnosed With Cancer?

Two potential types of compensation can be awarded in the case of a successful medical negligence claim for the misdiagnosis of lung cancer: general and special damages.

Firstly, we will discuss the general damages head of claim, under which you could be compensated for the harm you suffered as a consequence of medical negligence. An award under general damages takes into account the impact the harm has had on your quality of life.

To help them value payouts under the general damages head of claim, solicitors can use the recently updated Judicial College Guidelines (JCG). Therefore, we have used this document to create the table of potential compensation amounts below. Please remember that these figures are a guide, as each claim has unique factors determining the settlement.

Harm Severity Potential Compensation Brackets
Brain DamageVery Severe (a)£282,010 - £403,990
Brain DamageModerately Severe (b)£219,070 - £282,010
Brain DamageModerate (c)(ii)£90,720 - £150,110
Brain Damage Less Severe (d)£15,320 - £43,060
Lung Disease Serious Disability (a) £100,670 - £135,920
Lung Disease Cancer of the Lungs(b)£70,030 - £97,330

Claiming For Special Damages In A Medical Negligence Claim

You could also qualify for compensation under the second head of claim: special damages. This reimburses you for the monetary losses you have suffered as a result of the medical negligence. For example, if the negligent misdiagnosis caused you to suffer from avoidable harm that prevented you from working, you may be eligible to claim for the loss of income.

Other financial losses you could experience include:

  • Travel expenses
  • Housing adaptation costs
  • Care costs
  • Medical costs

You can support a claim for financial losses with evidence. This could include travel tickets, payslips, receipts and invoices. Learn how much compensation you could be eligible to receive by speaking to one of our advisors.

Why Make A Medical Negligence Claim On A No Win No Fee Basis?

Discuss the details of your case with one of our advisors. If they find that you could be eligible to bring forward a valid medical negligence claim for the misdiagnosis of lung cancer, they could connect you with one of the specialist solicitors from our panel.

A solicitor could offer to work on your medical negligence claim under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement. It means you wouldn’t make any upfront payments for the services your solicitor provides. Additionally, you wouldn’t typically pay for these services in the event your claim is unsuccessful.

On the other hand, if your claim is successful, a medical negligence solicitor operating under a CFA would take a small percentage of your compensation, called a success fee. The legislation caps the amount that a solicitor can deduct. Therefore, you will not be overcharged. Also, any expenses will be discussed with you before entering into an agreement.

Contact Us 24/7 For Free Legal Advice – See If You Could Claim For Lung Cancer Misdiagnosis

Please speak to a member of our team for a free consultation regarding your claim. They can provide advice that is tailored to the details of your case and guide you on the next steps you could take.

To get in touch, you can:

Learn More About Claiming For A Misdiagnosis Of Lung Cancer

Explore more of the guides from our website to learn more about the process of making a medical negligence claim:

Additionally, you can follow these external links for support and information:

We hope you have found this article useful in learning more about making a medical negligence claim following the misdiagnosis of lung cancer.

Article by OXL

Edited by MIT