If you are wondering how long you have to begin a medical negligence claim for a prostate cancer misdiagnosis, this guide could help. It will discuss the time limits involved in seeking compensation as well as the eligibility criteria that need to be met and the evidence you could collect to support your case.
Medical professionals owe their patients a duty of care to provide the correct standard of care. We will explore how a failure to do so could lead to you being misdiagnosed as well as the impact this could have on your life.
Additionally, we will look at the compensation you could be awarded to address the way you have been affected as well as how your payout will be calculated.
Furthermore, this guide will explore the benefits of working with a No Win No Fee solicitor from our panel and the services they could offer you.
You can speak with an advisor from our team for more information. To get in touch, you can:
- Fill out our contact form
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Jump To A Section
- How Long Do You Have To Claim For Prostate Cancer Misdiagnosis?
- When Are You Eligible To Claim For Prostate Cancer Misdiagnosis?
- What Amount Of Medical Misdiagnosis Compensation Could You Receive?
- Evidence That Could Be Used When Claiming For A Cancer Misdiagnosis Payout
- Why Make A Medical Negligence Claim On A No Win No Fee Basis?
- Learn More About Claiming Compensation For A Prostate Cancer Misdiagnosis
How Long Do You Have To Claim For Prostate Cancer Misdiagnosis?
As established by the Limitation Act 1980, you generally have 3 years to begin your medical negligence claim. This will start from the date that medical negligence occurred or the date you realised that you experienced unnecessary harm due to receiving the incorrect standard of care.
There are some circumstances where you could be afforded more time to claim. This is relevant to children under the age of 18 or those who lack the mental capacity to claim.
Under these circumstances, the time limit is paused. During this time, a suitable adult could apply to act as a litigation friend and claim on the person’s behalf.
For those under the age of 18, the time limit will restart from the date they turn 18. For those who lack the mental capacity, the time limit is paused indefinitely but if the person recovers their mental capacity, they will have three years to start their own claim from the recovery date.
If you would like more information on the time limit and exceptions that could apply to your specific circumstances, please get in touch with an advisor from our team.
When Are You Eligible To Claim For Prostate Cancer Misdiagnosis?
In order to begin a medical negligence claim for a prostate cancer misdiagnosis, the following criteria must be met:
- Firstly, you need to show that a medical professional owed you a duty of care.
- Secondly, you need to prove that they breached this duty of care.
- Finally, you need to demonstrate that you experienced avoidable or unnecessary harm as a result of the breach.
These three points form the basis of medical negligence, for which you could seek compensation.
Cancer misdiagnosis cases could involve being initially diagnosed with another illness before being given the correct diagnosis of cancer. Alternatively, they could involve being misdiagnosed with cancer whilst actually having another illness.
How Could Prostate Cancer Be Misdiagnosed?
The prostate is a small gland located below the bladder and in front of the rectum. Cancer of the prostate often develops slowly and there may not be any signs for years. When symptoms do present themselves, they can be similar to other conditions, such as prostate enlargement.
In order to diagnose prostate cancer, you may be sent for blood tests, an examination or asked for a urine sample. Depending on the results of these tests, you may be referred for an MRI scan or biopsy.
Prostate cancer could be misdiagnosed in the following ways:
- Your blood tests are mixed up with another patient’s in the hospital meaning you are incorrectly diagnosed with another condition. As a result, you receive delayed treatment resulting in the prostate cancer spreading to other areas of the body, including the lungs, lymph nodes, tubes that carry semen and organs nearby, such as the bladder.
- An MRI scan is misread by a doctor resulting in you being misdiagnosed with prostate cancer. This can mean you are given treatment for a disease you don’t have, such as chemotherapy, causing you unnecessary harm.
It’s important to note, not all instances of misdiagnosed cancer will be a result of medical negligence.
To discuss your specific case, please get in touch with an advisor. They can assess whether you could be eligible to seek medical negligence compensation.
What Amount Of Medical Misdiagnosis Compensation Could You Receive?
Following a successful medical negligence claim for prostate cancer misdiagnosis, you will be awarded compensation for the different ways you have been affected. Firstly, compensation can be awarded to addresses the pain and suffering you experienced due to medical negligence.
We have compiled a table of guideline compensation amounts that have been taken from the Judicial College Guidelines (JCG). Solicitors can use these figures to help them calculate the value of general damages.
However, you should only use the figures as a guide because each claim is unique. As such, the settlement you are awarded will differ depending on your specific circumstances.
| Harm | Severity | Guideline Compensation Bracket |
|---|---|---|
| Bladder | Cases involve double incontinence, such as the loss of natural bowel function as well as complete loss of urinary function and control. There are also other medical complications. | Up to £184,200 |
| Bladder | Total loss of function and control. | Up to £140,660 |
| Bowels | The complete loss of natural bowel function, urinary function and control. Other medical complications are also present. | Up to £184,200 |
| Bowels | The complete loss of natural function and reliance of colostomy, depending on age. | Up to £150,110 |
| Lung | Lung cancer causing severe pain and impairing both function and quality of life. | £70,030 to £97,330 |
| Male Reproductive System | The complete loss of reproductive organs. | In excess of £153,870 |
| Male Reproductive System | Cases of an orchidectomy causing a psychological reaction. However, there is no loss of function or impotence. | £20,070 to £22,580 |
Special Damages In Medical Negligence Claims
You could also receive compensation to address the financial losses you have experienced due to medical negligence. For example, you could claim back the cost of:
- Domestic care
- Loss of earnings
- Travel, such as taxis or buses to and from medical appointments
- Medical care, such as prescriptions
An advisor from our team can offer you a more personalised estimation of how much compensation you could be awarded following a successful claim. You can reach them on the number above.
Evidence That Could Be Used When Claiming For A Cancer Misdiagnosis Payout
Evidence can help prove that your prostate cancer misdiagnosis was a result of medical negligence. There are different ways you can access this evidence, such as:
- Logging your symptoms and treatments in a diary as well as the physical and mental impact of the unnecessary harm you experienced.
- Requesting a copy of your medical records, such as MRI scans, blood test results and documents confirming the original diagnosis you received.
- Keeping a record of any financial losses through receipts, travel tickets, payslips and invoices.
A solicitor from our panel may be able to represent your claim, provided it’s valid and has a chance of succeeding. They can help you gather evidence to support your case and ensure a complete case is put forward within the limitation period. Please get in touch with an advisor from our team for more information regarding their services.
Why Make A Medical Negligence Claim On A No Win No Fee Basis?
You could benefit from being represented by a solicitor from our panel on a No Win No Fee basis. They could use their years of experience to help you through the different stages of the claims process. Additionally, they could help you build and present your case in full.
They generally offer a contract called a Conditional Fee Agreement (CFA). The terms of a CFA typically involve not having to make a payment for your solicitor’s services upfront or while your claim is still ongoing.
Furthermore, you do not have to pay for the services provided by your solicitor if you do not receive compensation.
In the event of a successful claim, you will have to pay your solicitor a percentage of your compensation. This will be law capped, which means you can keep the majority of your payout.
An advisor from our team can assess your potential claim. If you have a valid case, they may set you up with a No Win No Fee solicitor from our panel.
Learn More About Claiming Compensation For A Prostate Cancer Misdiagnosis
Here are some more of our guides relating to medical negligence claims:
- Can you claim for a GP misdiagnosis?
- A guide on how to sue for a prescription error
- Can you claim for a breast cancer misdiagnosis?
Moreover, we have provided you with external resources:
- NHS England– Information on cancer wait times
- GOV.UK – The NHS Constitution for England
- Cancer Research UK – Mental health and cancer
Thank you for reading this guide on when you could be eligible to start a medical negligence claim for a prostate cancer misdiagnosis and how long you have to do so. If you have any other questions, do not hesitate to speak with an advisor from our team by using the contact details provided above.