A thyroid cancer misdiagnosis can impact your quality of life in a number of ways. If your misdiagnosis occurred because of medical negligence, and caused you avoidable harm, you might have grounds to seek misdiagnosis compensation.
Thyroid cancer misdiagnosis claims guide
All medical staff have a duty to provide a minimum standard of care to their patients. With evidence of medical negligence, you could make a claim for the avoidable harm you sustained.
In this guide, we will explore scenarios in which a thyroid cancer misdiagnosis can occur because a doctor breached the duty of care they owed you. Additionally, we’ve included examples of valid evidence and an explanation of how settlements are valued. Moreover, you can read about the benefits of No Win No Fee agreements and how working with a solicitor can benefit your claim.
If you wish to speak to someone directly, our advisors are available to help with any queries you may have. To receive free legal advice, get in touch today.
- Fill out the contact form
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Browse Our Guide
- What Is The Eligibility Criteria When Claiming For Thyroid Cancer Misdiagnosis?
- Tips For Claiming For Thyroid Cancer Misdiagnosis
- How Could You Suffer From Thyroid Cancer Misdiagnosis?
- Potential Compensation You Could Receive From A Medical Negligence Claim
- Why Seek Compensation For Medical Negligence On A No Win No Fee Basis?
- Learn More About Claiming For Doctor Negligence
What Is The Eligibility Criteria When Claiming For Thyroid Cancer Misdiagnosis?
All public and private sector medical professionals owe their patients a duty of care. This includes doctors, pharmacists and surgeons, for example. If they breach the duty of care they owe you, you could suffer avoidable harm. Under these circumstances, with supporting evidence, you could make a medical negligence claim.
Within this guide, we will explore the potential to claim if the following have occurred as a result of negligence:
- You were diagnosed with another illness before receiving the correct thyroid cancer diagnosis.
- While having another illness, you were misdiagnosed with cancer and given unnecessary treatment that caused you harm. Additionally, this could mean that your original condition gets worse without treatment.
You must show that you were caused avoidable harm by the breach of duty of care. Harm occurring in a medical setting is not automatically grounds for a claim, as sometimes this is required in order to treat you. For example, if you have thyroid cancer and are given chemotherapy for it, then this will be necessary harm as it could make you ill but would treat your cancer.
Furthermore, sometimes a misdiagnosis is made even when the doctor is adhering to their duty of care. For example, if you were suffering from a rare condition that shared symptoms with a much more common one, then it might be reasonable for your doctor to initially diagnose you with a condition that is not as rare. If they can show that they adhered to the duty of care even when making the misdiagnosis, then you’d be unable to claim.
Tips For Claiming For Thyroid Cancer Misdiagnosis
Without sufficient evidence to support your thyroid cancer misdiagnosis claim, you might not be awarded compensation. This is why it is important that you collect as much information as possible in support of your case.
For example, you could provide:
- Prescriptions to show that you took medicine that you did not need and that caused you harm.
- Copies of your medical records.
- A diary that details your physical and psychological symptoms and how you’re impacted by them.
- The results of an independent medical assessment. If you work with one of the lawyers from our panel, they might be able to arrange this locally for you.
Our advisors can answer any questions you may have. If you do have a legitimate case, they could provide you with a No Win No Fee solicitor from our panel.
Is There A Time Limit To Claim A Cancer Misdiagnosis Payout?
The Limitation Act 1980 is a piece of legislation that outlines the time limit within which you much start a medical negligence claim. This is generally three years from the date of the misdiagnosis or the date you knew or should have known that negligence was the cause of the harm you experienced.
In the below circumstances, exceptions can apply
- The claimant is under the age of 18. In this case, the time limit begins on their 18th birthday.
- The claimant lacks the mental capacity to claim themselves. The time limit will only begin in this circumstance on the recovery date.
With both exceptions mentioned above, a claim can still be made outside of the general three-year time limit if a litigation friend is appointed to make the claim on their behalf. If you’re unsure about the validity of your claim due to the time limit for medical negligence claims, please contact us for further advice.
How Could You Suffer From Thyroid Cancer Misdiagnosis?
You should seek medical attention if you have any symptoms of thyroid cancer. These can include:
- A lump in your throat
- Hoarseness in your voice
- A sore throat or swallowing problems
Below, we have included some examples of how you a misdiagnosis could occur:
- You go to see your GP with concerns that you are showing symptoms of cancer. They recognise that you are but fail to make a referral to a specialist when they should have done this. This GP misdiagnosis causes your cancer to spread, making it harder to treat.
- You are told you have thyroid cancer when you actually have another condition. As a result, you undergo unnecessary chemotherapy and radiotherapy. Being given the wrong medication for the condition you have could make you ill.
- Your results and those of another patient are mixed up in a hospital, so you are told you are not suffering from cancer when you are. While you’re under this assumption, the cancer spreads to your lungs and progresses to the point where you can no longer be treated.
Potential Compensation You Could Receive From A Medical Negligence Claim
When making a claim for harm caused by a thyroid cancer misdiagnosis, you can receive up to two heads of claim called general and special damages. General damages cover the physical and psychological suffering you sustained and the impact on your quality of life. Special damages compensate you for financial losses caused by the harm you sustained as a result of medical negligence.
To calculate general damages, legal professionals may consult the Judicial College Guidelines (JCG), which include compensation brackets for various injuries. The table below contains examples from the JCG that may be useful to you.
Various factors will determine exactly how much compensation you could receive at the end of a successful claim. You can contact our advisors for a personalised estimation of what your claim may be worth if your cancer was misdiagnosed.
Compensation Table
| Damages | Severity | Compensation |
|---|---|---|
| Lung disease (a) | Serious disability in a young person that will probably worsen progressively leading to an early death. | £100,670 to £135,920 |
| Lung disease (b) | Lung cancer in someone who is older that causes severe pain and impaired function. | £70,030 to £97,330 |
| Kidney | Where both kidneys have been seriously damaged or lost. | £169,400 to £210,400 |
| Kidney | Complete loss of function in the kidney. | Up to £63,980 |
| Mental anguish | Fear of impending death or of life expectancy being reduced. | £4,670 |
Special Damages As Part Of Your Medical Misdiagnosis Compensation
A special damages payout can help you recover financial costs caused by medical negligence. For example:
- The cost of care
- Loss of earnings
- Alterations to your home, including widening doorways for wheelchair access or installing a ramp or a chairlift in your home.
Evidence can support a special damages claim. For example, if you have had to pay for medication then you could claim back the cost of this if you have a prescription or a receipt. If you’re unsure about the evidence you could use in a claim, speak with a member of our team today.
Why Seek Compensation For Medical Negligence On A No Win No Fee Basis?
A No Win No Fee agreement could allow you to work with a solicitor without having to pay upfront fees; you also won’t have to pay them as your claim progresses. If you work with a solicitor from our panel, then you could be offered a kind of No Win No Fee agreement called a Conditional Fee Agreement.
By working with a solicitor under these terms, there are no upfront or ongoing payments to be made; you only pay your lawyer through a legally-capped percentage of your settlement in the event that you win your claim. This success fee is legally capped and taken from your settlement total. If you’re not awarded compensation, you generally don’t need to pay for the work they have done.
Our phone lines are open 24/7 for any questions you may have about the legal process. Contact our advisors today by:
- Calling 0800 408 7827
- Completing the contact form on our website
- Messaging directly through the live chat
Learn More About Claiming For Doctor Negligence
We hope our thyroid cancer misdiagnosis guide has been helpful to you. To find more of our medical negligence guides, see below.
- How to sue a hospital for compensation
- Claim for a breast cancer misdiagnosis
- Claiming for wrongly prescribed quinine
Alternatively, you can use the following links for additional information:
- The General Medical Council – Doctor’s duty of care
- Macmillan – Thyroid cancer support
- Ombudsman – How to complain
Article by All
Edited by Sto