This guide contains information about claiming compensation for a breast cancer misdiagnosis. We will provide details about the definition of medical negligence, how a misdiagnosis could occur and the circumstances that make you eligible to claim.
Breast cancer misdiagnosis claim guide
All medical professionals owe their patients a duty of care, which means they must provide an adequate standard of care to their patients and act in a way that prevents avoidable harm. If you are misdiagnosed as a result of not receiving the correct standard of care, which makes your condition worse, you may be able to claim compensation.
Read on for more information on claiming for cancer misdiagnosis. Our team of advisers are available 24/7 if you want to speak to a professional about your circumstances. They can offer tailored advice about the merits of your claim. Contact us today:
- Call us at 0800 408 7827
- Speak to us using the chat feature below
- Fill in our contact form with specific questions
Choose A Section
- When Can You Claim For Breast Cancer Misdiagnosis? – A Guide
- When Are You Eligible To Make A Breast Cancer Misdiagnosis Claim?
- What Evidence Could Be Used In Medical Negligence Claims?
- What Compensation Could Be Received From A Breast Cancer Misdiagnosis Claim?
- Why Make A Medical Negligence Claim On A No Win No Fee Basis?
- Learn More About Claiming After Being Misdiagnosed With Cancer
When Can You Claim For Breast Cancer Misdiagnosis? – A Guide
All medical professionals owe their patients a duty of care. Medical negligence claims may be pursued when patients suffer avoidable harm because a medical professional deviated from this standard.
A breast cancer misdiagnosis might take the following forms:
- Being misdiagnosed with a different illness before receiving the correct diagnosis of breast cancer
- Being misdiagnosed with cancer while actually having a different illness or while not being ill at all
This guide will explain how either of these scenarios could form a valid basis for a claim. Read on to learn more or contact our advisers to discuss how to sue a hospital for compensation following a breast cancer misdiagnosis.
When Are You Eligible To Make A Breast Cancer Misdiagnosis Claim?
A breast cancer misdiagnosis could occur for many reasons. You can only claim if you can show the misdiagnosis occurred because a health professional did not provide you with the correct standard of care, causing you to suffer harm that may have been otherwise avoided.
For example, an oncologist could misread clear signs of cancer in your scans, leading them to give you an all-clear for cancer when in fact, you are suffering from the condition. If your cancer grows worse or spreads to other parts of your body, you may be able to claim.
Alternatively, a doctor could misinterpret your test results, leading them to diagnose you with breast cancer. You may subsequently undergo chemotherapy or a mastectomy that was unnecessary; if you can prove the misdiagnosis happened because of a breach of duty of care, you may be able to claim for unnecessary medical treatment.
Breast Cancer Misdiagnosis Stories
We have included several breast cancer misdiagnosis stories to illustrate how this form of medical negligence has occurred in real life.
One individual was diagnosed with breast cancer. Several years after undergoing treatment, she was treated for numerous chest infections and asthma when in fact, she was suffering from secondary cancers in her lungs. Before these were discovered, she suffered a partially collapsed lung.
Another patient underwent a double mastectomy followed by reconstructive surgery before it was discovered the aggressive cancer detected during a biopsy was actually down to human error. She stated being told the treatment was unnecessary was ‘traumatising’.
In a third individual, doctors failed to perform a breast exam after she attended an appointment to examine a lump in her breast. Almost a year and a half later, she attended another appointment to examine two lumps. She passed away due to cancer 29 months after attending the original GP appointment.
Source: https://breastcancernow.org/about-us/news-personal-stories/my-secondary-breast-cancer-was-misdiagnosed-chest-infection
Source: https://www.bbc.co.uk/news/uk-england-stoke-staffordshire-49049988
Source: https://www.thenorthernecho.co.uk/news/23039143.newcastle-mum-two-dies-breast-cancer-34/
What Evidence Could Be Used In Medical Negligence Claims?
To claim successfully for a breast cancer misdiagnosis, you are expected to produce evidence in support of your claim. Specifically, this evidence must show that a medical professional did not provide you with the correct standard of care during your treatment. You can also supply proof
Some evidence that may be useful include:
- Copies of medical reports, scans, biopsies and other procedures
- A diary of your treatment and any symptoms you experienced. This can be an important form of evidence when highlighting the impact that the misdiagnosis had on you
- A record of financial losses caused by the misdiagnosis. These could be reimbursed through your settlement
A solicitor may be able to help you collect these pieces of evidence. They could also identify pieces of evidence that you may not have thought to collect. Get in touch with our advisers if you have further questions about evidence that may support your attempt to sue a hospital.
What Compensation Could Be Received From A Breast Cancer Misdiagnosis Claim?
Suing a hospital for compensation could yield a payment that includes up to two heads of claim. The first of these is known as general damages, which are intended to reimburse you for the suffering caused by the misdiagnosis.
The Judicial College Guidelines (JCG) is a document that medical negligence solicitors can refer to when determining how much the general damages head of a claim could be worth. We have included a table showing some of these brackets below:
| Harm | Severity | Compensation Bracket |
|---|---|---|
| Chest Injuries | Total removal of one lung and/or serious heart damage with significant, permanent scarring. | £100,670 to £150,110 |
| Lung Disease | Likely progressive worsening of condition, leading to death, in a young person with disability. | £100,670 to £135,920 |
| Lung Disease | Lung cancer causing severe pain and severe impairment of both function and quality of life. | £70,030 to £97,330 |
| Severe Psychiatric Damage Generally | Marked problems with life, work and education, and drastic effects on their relationships. | £54,830 to £115,730 |
| Moderately Severe Psychiatric Damage Generally | Significant issues with the above problems, but the overall prognosis is better. | £19,070 to £54,830 |
| Moderate Psychiatric Damage Generally | While showing the same problems listed above, individual has shown marked improvement. Good overall prognosis. | £5,860 to £19,070 |
| Severe Post-Traumatic Stress Disorder | Permanent effects that prevent the person from working or functioning at pre-trauma levels. | £59,860 to £100,670 |
| Moderately Severe Post-Traumatic Stress Disorder | Better overall prognosis than above, but effects still likely to cause significant disability for foreseeable future. | £23,150 to £59,860 |
| Scarring to Other Parts of Body | Noticeable disfiguring scars to the chest. | £7,830 to £22,730 |
| Scarring to Other Parts of Body | Single noticeable scar or several superficial scars with minor cosmetic effects. | £2,370 to £7,830 |
Please bear in mind these figures are only guidelines. The amount of compensation you receive and the damages that you’re awarded will be based on your personal circumstances.
Misdiagnosed Breast Cancer – Special Damages You May Be Able To Claim For
In addition to general damages, you may be entitled to special damages. This head of a claim is intended as a way to help recompense you for the financial losses you’ve suffered as a result of the avoidable harm.
To illustrate, this head of claim could reimburse you for past and future lost earnings, the money you spend getting to and from the hospital for appointments, and any care costs you may accrue.
These are just some of the expenses that special damages could help you recover. Contact our advisers today to learn more about what breast cancer misdiagnosis compensation could include. They can offer information about the merits of your claim and advice on how to sue a doctor for compensation.
Why Make A Medical Negligence Claim On A No Win No Fee Basis?
If you are considering pursuing a claim for medical negligence, No Win No Fee solicitors may be able to offer you a way of proceeding with legal representation but without having to pay their fees upfront.
The solicitors on our panel may offer you a specific type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). This generally means you will not have to pay a solicitor’s fees upfront or during the claim. Similarly, you typically won’t have to pay a solicitor’s fees if your claim fails.
Your solicitor will take a success fee at the end of the claiming process if your claim is successful. The amount that a solicitor can charge as a success fee is subject to a legal cap to prevent overcharging.
Contact Us For Free Legal Advice 24/7
Although you do not need a solicitor to begin a claim for medical misdiagnosis compensation, it can be very helpful to have access to the services a solicitor provides. They can help you navigate the complex area that is medical negligence law.
Additionally, our advisers can offer useful insight into your claim during a free consultation. You can contact our team whenever is most convenient for you:
- Call us at 0800 408 7827
- Speak to us using the chat feature below
- Fill in our contact form with specific questions
Learn More About Claiming After Being Misdiagnosed With Cancer
Other guides that may offer useful information:
How To Sue For A Broken Hip – A Guide To Claiming Compensation
How To Sue For A Prescription Error Claims Guide
How To Sue For Wrong Medication
Learn how to sue for thyroid cancer misdiagnosis and get more help with medical negligence claims.
Third-party resources with related topics:
Good Medical Practice – Information from the General Medical Council (GMC) about the standards a doctor must uphold
NHS Constitution – Government resource explaining the commitments that the NHS must uphold for patients and staff in England
Nursing and Midwifery Council (NMC) Code – The standards of practice that must be upheld by nurses, midwives, and other nursing associates
We hope this guide has provided useful information about claiming compensation after a breast cancer misdiagnosis. Contact our advisers if you have more questions about your potential claim.
Article by Mor
Edited by Fer