How To Claim For Cancer Misdiagnosis Medical Negligence?
By Maria Burke. Last Updated 7 March 2022: 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.
Misdiagnosis Negligence Law In The UK
Have you suffered a medical misdiagnosis? Were you given the wrong medication? Perhaps you underwent a procedure that was not performed properly and it left you injured? If you can prove that a medical practitioner failed in their duty to provide you with the minimum standard of care, and it led to your pain and suffering, you could claim.
Negligent misdiagnoses can cause chronic illness and can even be fatal. You may have been left with additional health problems because of medical negligence. As you attempt to cope with these unwanted circumstances, compensation could offer you the support to get well and put your life back together.
If a medical misdiagnosis happened to you due to negligence, it can be possible to start a claim for damages against the Trust or healthcare provider. Understandably, you may feel uneasy about claiming against them, but compensation is aimed at putting you in the position you were before the negligence caused you to suffer.
At Medical Negligence Law, they have resources about issues like this. You can find answers to questions about medical negligence law in the UK at this website. they also have advisors on-hand who’re available 24/7 to give free legal advice. Why not find out more about how you could be compensated for a negligent misdiagnosis?
It’s important to claim as soon as you feel ready. There is generally a three-year time limit for starting medical negligence claims. This period can start from the date you suffered due to the negligent misdiagnosis or from the date you gained knowledge that medical negligence at least contributed to your injuries.
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.
Cancer Support And Charities
One of the more positive things when it comes to cancer is the sheer amount of support and charities available out there. Currently in the UK, there are more than 160,000 different charities and organisations who are dedicated to helping people who are suffering with the disease, as well as their families and loved ones that help them.
These charities always perform well by continually helping to raise awareness of cancer in society. Without them there would be a sheer lack in knowledge of the disease, and how it affects us as individuals. They help many people understand it’s ok to have cancer and that it is normal and possible to live with. These charities also do a good job at bringing people together who have lost loved ones, which is truly wonderful to help them get over their loss and at the same time do something good for others.
Some of the biggest names in the industry, and who have been consistent in providing help for a number of years are MacMillan Cancer Support, Cancer Research UK, Marie Curie, Shine and Bloodwise.
These organisations help to bring joy back into people’s lives by offering a range of different services and fundraising events.
MacMillan Cancer Support
MacMillan Cancer support are a charity which help people to live better with cancer. They offer volunteering, campaigns, and many fundraising events. They also provide several short courses on wellbeing and living with cancer. One of their most famous and well-known events are their marathons which take place up and down the UK. These events make real differences to people and families living with cancer and also help bring people together.
Cancer Research UK are a charity who want to beat cancer sooner. Not only are they a charity that offers volunteering, donations, charity shops and help for sufferers, but they also fund lifesaving research into all aspects of cancer from the causes to prevention and of course treatment.
Shine
Shine are dedicated to helping those cancer patients aged under 50. Their aim is to create a community of young adults who suffer from the disease in order to bring them closer together and provide them the support they need. This is such a wonderful charity because when a younger person has cancer, they may feel isolated more and something like this helps to perk them up. They provide peer support and organise several events and activities so that people can get together.
Teenage cancer trust
Another charity which is dedicated to even younger individuals is the teenage cancer trust. They aim to help all those with cancer in their teenage years, which are some of the most important years in a person’s lifetime. Therefore their presence is really beneficial to sufferers and support is vital. They are known to organise special live music gigs with celebrities which are favoured by many. As well as this, they are a charity who offer some fantastic fundraising opportunities, which includes; triathlon, trekking, skydiving, zip lining and much more.
Marie Curie
Marie Cure is another charity which offers support to those people with a terminal illness, such as cancer. They help people who are living with terminal illness by providing home nursing help, and help to deal with many different symptoms. They help with planning ahead for the end of life and also some of the more upsetting situations such as making a will and organ donations. They also provide hospices with expert care and support as well as home helper services by their volunteers.
Bloodwise
Bloodwise is focused on world class research into blood cancer. Their aim is to alter the lives of leukaemia, myeloma and other types of cancer sufferer for the better thanks to ground-breaking research with an eye to social care too.
All of these cancer support charities provide wonderful services and are crucial when it comes to supporting those suffering from the disease. When being diagnosed, people can often feel quite lonely and having somewhere to find peace and to connect with others is definitely a good thing.
This together with fundraising to fund better research opportunities, really helps keep people feeling positive, and gives slight hope for the future of cancer patients.