A Doctor Didn’t Send Me For A Mammogram Assessment – Can I Claim Compensation?
If you suffered avoidable harm because your doctor didn’t send you for a mammogram assessment, you could be eligible to claim. This guide will explore the requirements your claim must meet in more detail.
Additionally, this guide will look at the duty of care you’re owed by a medical professional, the harm you could experience if this is breached and the compensation payout you could receive should you make a successful claim.
Furthermore, this guide will discuss the steps you could take after sustaining harm in a medical setting, including the evidence you could gather and the benefits of hiring a No Win No Fee solicitor.
For more information, please continue reading. However, if you would rather speak directly to a member of our team, you can do so. They are available 24 hours a day, 7 days a week to provide free legal advice.
To get in touch:
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- An Overview Of Claims If A Doctor Failed To Send You For Breast Cancer Screening
- What Are Common Symptoms Of Breast Cancer?
- Could I Claim If A Doctor Didn’t Send Me For A Mammogram Assessment?
- Breast Cancer Rates In The UK
- What Could I Claim If A Doctor Didn’t Send Me For A Mammogram Assessment?
- Can I Get Help If A Doctor Didn’t Send Me For A Mammogram Assessment?
A mammogram assessment or breast screening is a check that uses X-rays to look for cancers that may be too small to see or feel.
If a doctor didn’t send you for a mammogram assessment despite you displaying signs of cancer, this could cause several complications. For example, you could receive a delayed cancer diagnosis resulting in delays in treatment which could lead to the worsening of your condition. Additionally, if your condition worsens, your treatment may need to be more invasive causing unnecessary harm.
This may constitute medical negligence. This involves a medical professional failing to provide the correct level of care and causing you avoidable harm as a result.
In some instances, you may be able to seek medical negligence compensation. However, there are certain criteria that your claim must meet and not all incidents of harm sustained in a medical setting will form the valid basis of a claim. Continue reading to learn more.
According to the NHS, symptoms of breast cancer can include:
- A new lump or thickened tissue in the breast
- Fluid discharge from the nipples
- Lumps or swelling in the armpits
- A rash or redness around the nipple
It is important that when you visit a doctor, that you are clear about all the symptoms you have been experiencing so they can send you for the relevant tests. If you do not provide the doctor with all the relevant information about your symptoms, it may not be medical negligence if they haven’t sent you for further tests.
To find out whether you could be eligible to seek compensation if a doctor didn’t send you for a mammogram assessment, please get in touch on the number above.
Medical professionals owe their patients a duty of care. As such, they must ensure they provide the minimum standard of care and prevent the patient from experiencing any unnecessary harm. If this duty of care is breached, you may be able to seek compensation if you are caused avoidable harm.
Proving medical negligence occurred is an important part of building a valid claim. There are many ways this can be done, including providing evidence such as:
- Hospital reports
- Doctor reports
- Letter of diagnosis
Additionally, you should ensure that you are within the time limit to begin your claim.
As outlined by the Limitation Act 1980, you must begin your medical negligence claim within a 3-year period. This could start from:
- The date of the incident
- The date you realised medical negligence occurred.
If your doctor didn’t send you for a mammogram assessment, get in touch to learn whether you’re eligible to seek medical negligence compensation.
According to Cancer Research UK, there was an average of 55,920 new cases in the UK each year between 2016-2018.
Additionally, there were 11,499 deaths from breast cancer in the UK between 2016-2018. Furthermore, 23% of breast cancer cases were preventable.
If you are eligible to claim compensation after your doctor didn’t send you for a mammogram assessment, you may be wondering how much you could receive. Due to medical negligence compensation claims being unique, this can depend on different factors, such as the severity of the avoidable harm you experienced and the impact it had on your quality of life.
However, we have compiled a table of guideline compensation amounts taken from the Judicial College Guidelines (JCG). This is a document legal professionals can use to assist them when calculating the general damages part of your payout.
General damages seek to reimburse you for any pain and suffering that is endured, both physically and mentally, due to medical negligence.
It must be remembered that the figures provided below are not guaranteed and should only be used as a guide.
|Scarring||£7,830 to £22,730||Several noticeable laceration scars or a single disfiguring scar.|
|Scarring||£2,370 to £7,830||A singular noticeable scar or several superficial scars.|
|Mental anguish||£4,670||Fear of impending death or the reduction of expectation of life.|
|Brain Damage||£282,010 to £403,990||(a) Very Severe: The person will need full time care.|
|Brain Damage||£219,070 to £282,010||(b) Moderately Severe: The injured person will have a very serious disability which is either physical or cognitive.|
|Lung Disease||£100,670 to £135,920||(a) Cases where a young person has a serious disability and there is a chance of the condition progressing and causing an early death.|
|Lung Disease||£70,030 to £97,330||Cases of lung cancer that causes severe pain as well as impairment of function and quality of life. The cases in this bracket typically involve an older person.|
Furthermore, you could receive special damages for any monetary losses you have incurred due to medical negligence. Special damages could cover:
- Loss of earnings
- The cost of home adaptations
- Medical expenses
- Care costs
For more information about the compensation that you could be awarded following a successful medical negligence claim, get in touch on the number above.
There are many financial benefits to claiming under a No Win No Fee agreement. Generally, the solicitors from our panel operate under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee service. It typically means that there are no fees to be paid for the work the solicitor has done upfront, while your case is ongoing or if the claim fails.
Following the completion of a case that is successful, you will have to pay a success fee from your compensation to your solicitor. The law caps this amount.
Our advisors can offer you a free consultation if you would like to know whether you can be represented by a solicitor from our panel via a No Win No Fee agreement.
They can also provide further guidance about whether you’re eligible to claim if a doctor didn’t send you for a mammogram assessment. To get in touch, you can:
Related Cancer Negligence Claims
Here are some of our own guides that might be helpful:
- My doctor prescribed the wrong medication, could I claim?
- How to sue to NHS for the misdiagnosis of your illness or injury
- Examples of types of medication errors
We have also included some further reading that may be of benefit to you:
- General Medical Council – Concerns
- GOV – NHS Constitution For England
- NHS – Breast cancer prevention
Thank you for reading our guide on whether you can claim if a doctor didn’t send you for a mammogram assessment. If you have any other questions, please get in touch using the number above.