A Guide On What Is The Average Payout For Cancer Misdiagnosis
This guide answers the question, “Is there an average payout for cancer misdiagnosis?” We provided information on how medical negligence compensation claims payouts are calculated under the two relevant heads of loss.
You will see an explanation of the medical professional’s duty of care owed to all patients and how you could be eligible to begin a medical negligence claim following a breach of this duty. We have also provided some hypothetical scenarios to aid your understanding of this.
Towards the end of this guide is a breakdown of the No Win No Fee agreement our panel of cancer misdiagnosis lawyers can offer their legal services under, with particular reference to how this can benefit claimants who start the legal process under such terms.
To get a cost-free assessment of your potential claim or to ask any questions you may have, feel free to contact our advisors. You can speak to a team member using the following:
- Call the team on 020 3870 4868.
- Use our “claim online” form.
- Find our live chat feature at the bottom of the screen.
Select A Section
- Is There An Average Payout For Cancer Misdiagnosis?
- When Could I Claim A Payout For Cancer Misdiagnosis?
- Examples Of How Cancer Can Be Misdiagnosed
- Evidence To Support A Cancer Misdiagnosis Claim
- Can A No Win No Fee Cancer Negligence Solicitor Help You?
- Find Out More Information Concerning The Average Payout For Cancer Misdiagnosis
Is There An Average Payout For Cancer Misdiagnosis?
Knowing the average payout for cancer misdiagnosis would not be very beneficial, as no two claims are ever the same. Compensation in cases of medical negligence can vary widely depending on the patient’s individual circumstances. Any potential cancer misdiagnosis payout can also be influenced by many different factors, such as the extent of the harm the misdiagnosis caused and how this impacted you financially. So, whether you are claiming against a public hospital or private hospital, what matters to a medical negligence settlement is how you have suffered.
If you make a successful medical negligence claim, you will be awarded a settlement that could consist of up to two heads of claim. General damages is the first and foremost and compensates for the effects on your health caused by medical negligence. Then, there is special damages which will reimburse you for the losses caused by the medical negligence.
When calculating a possible value of general damages in your claim, your legal team can refer to your independent medical assessment, which you will be invited to as part of the claim process, where an expert will assess how you have suffered and provide a medical report that includes a prognosis, alongside the guidelines from the Judicial College. Known as the JCG, this document details compensation guidelines for types of harm. We have taken a relevant selection of these guidelines for use in the compensation table provided here.
Compensation Table
Please be advised that the “multiple instances of harm” entry was not taken from the JCG, and these figures are intended as guidance only.
| Type of Harm Caused | Severity | Guideline Compensation Amount | Notes |
|---|---|---|---|
| Multiple instances of serious harm as well as compensation for loss of income, cost of care and medical bills | Very Serious | Up to £1,000,000+ | Cases where multiple severe avoidable harm has resulted and compensation for loss of earnings, care costs and other special damages. |
| Injury Resulting from Brain Damage | Very Severe (a) | £282,010 to £403,990 | Very severe brain damage resulting in a range of very serious and cognitive disabilities including little environmental response, little or no language function and double incontinence. |
| Bowel | Double Incontinence (a) | Up to £184,200 | Complete loss of natural bladder and bowel function resulting in double incontinence, along with additional complications. |
| Chest Injuries | Total Removal of One lung and/or Serious Heart Damage (a) | £100,670 to £150,110 | The complete removal of one lung, and/or serious damage to the heart causing prolonged pain and significant permanent scarring. |
| Male Reproductive System | Sterility, Total Impotence and Loss of Sexual Function in a Young Person (b) | £114,900 to £148,320 | This bracket is dependent on the psychological impacts, the presence of pain or scarring and whether the person has children already. |
| Bladder | Loss of Function (b) | Up to £140,660 | Total loss of natural bladder function and control. |
| Lung Disease | Lung Cancer (b) | £70,030 to £97,330 | Lung cancer that causes significant functional impairment and severe pain with impact on quality of life. This bracket is typically applied to older people. |
| Injuries Affecting Sight | Complete Loss of Sight in One Eye (e) | £49,270 to £54,830 | Where the is a risk of sympathetic ophthalmia, and additional scarring that is not serious enough to be awarded separately. |
| Deafness/Tinnitus | Total Hearing Loss in One Ear (c) | £31,310 to £45,540 | The top of this bracket will involve additional problems such as dizziness, headaches or tinnitus in addition to deafness. |
Special Damages
Associated financial losses stemming from the avoidable harm you experience could be reimbursed under special damages. You can see a few examples of costs here:
- A loss of earnings due to a leave of absence from work.
- The cost of transportation if you have been medically advised not to drive.
- Medical expenses, including prescription medications, therapy or other costs that need to be paid upfront.
- Domestic care and support, such as with food preparation, washing yourself or cleaning if you can no longer safely carry out these tasks by yourself.
When Could I Claim A Payout For Cancer Misdiagnosis?
There is a duty of care amongst all medical professionals, whether they work in the public or private healthcare sector, to provide their patients with medical care that meets the correct standard. Failing to provide care that meets this standard can result in patients experiencing avoidable harm.
In order to claim for medical negligence, the criteria given here will need to be satisfied:
- A medical professional owed you a duty of care.
- This duty was breached when the care provided by that medical professional failed to meet the correct standard.
- As a result of this failure, you experienced avoidable harm.
What we mean by avoidable harm, sometimes referred to as unnecessary harm, is any harm you would not have experienced had you received the correct standard of medical care. This will be explored in more detail in the next section.
Per the Limitation Act 1980, you will typically have 3 years to begin a cancer misdiagnosis compensation claim. Exceptions to the standard 3-year limit can be made in cases where the patient is a minor or lacks the mental capacity to pursue a claim. A suitable adult can apply to act as the patient’s litigation friend and claim on their behalf.
As we stated above, knowing the average payout for cancer misdiagnosis will, in essence, not help you calculate compensation in your own case. That said, if you call our advisors, they can assess your case for free and possibly provide an estimate of what could be awarded should your clinical negligence claim succeed.
To find out more about the time limitation period, or what a potential cancer misdiagnosis claim in your particular circumstances could be worth speak to our advisors today via the details provided above.
Examples Of How Cancer Can Be Misdiagnosed
In this section, we examine some of the different ways a cancer misdiagnosis could occur. The earlier cancer is diagnosed, the more treatment options are available and the higher the survivability. Examples of misdiagnosis or delayed diagnosis include:
- A doctor missed clear symptoms of oesophageal cancer during a physical exam and, therefore, did not refer you for further testing.
- Your MRI results were incorrectly interpreted as another condition instead of lung cancer. You were prescribed antibiotics to treat the incorrectly diagnosed infection.
- Testicular cancer was correctly identified but wrongly determined as stage 2 instead of late stage 3. This meant, therefore, treatment was not aggressive enough to properly treat the cancer, resulting in fertility issues and sexual dysfunction.
- A doctor did not send a patient for a mammogram assessment despite displaying clear signs of breast cancer. They subsequently had to undergo a mastectomy as the cancer had spread considerably by the time it was found.
A misdiagnosis or delayed cancer diagnosis can occur in a number of different circumstances. These examples have been included to provide an idea of when you could claim, but if your specific circumstances have not been listed, do not worry, you could still be eligible.
Not all instances of a misdiagnosis will mean a medical negligence claim is possible. It is only when the misdiagnosis occurs because the doctor or healthcare provider was negligent, and this caused the patient to experience avoidable harm. Contact our advisors for a free assessment today.
Evidence To Support A Cancer Misdiagnosis Claim
Gathering supporting evidence is an important part of the claims process. Evidence can help show that the harm you suffered was avoidable and caused by the medical professional’s negligent misdiagnosis. Some possible examples of evidence you could gather include:
- Medical records that show a cancer misdiagnosis occurred. This can include your test results, scans, and doctor’s notes from physical examinations.
- Any correspondence between you and your healthcare provider.
- Witness statements could be provided by anyone who was present at your appointments. Be sure to have their contact information so their statement can be taken later in the claims process.
- Any findings from the Bolam Test (if used).
The Bolam Test
In certain medical negligence cases, the Bolam test may be applied. Medical professionals from the relevant field are asked to examine whether or not the level of care you received was of the correct standard. The Bolam Test is organised independently, so this isn’t something you need to worry about.
A medical negligence solicitor could lend their expertise to gathering evidence for your claim. If our advisors decide your potential claim is valid, one of the specialist cancer misdiagnosis solicitors from our panel could take on your case and assist with compiling supporting evidence. To find out if you could claim compensation, talk to our advisory team today.
Can A No Win No Fee Cancer Negligence Solicitor Help You?
After one of our advisors has assessed your potential claim, you could be connected with a solicitor from our panel if, after your assessment, it is decided you have a valid claim.
The type of No Win Fee contract offered by our panel is known as a Conditional Fee Agreement (CFA). The benefits of claiming with a solicitor under a CFA are no upfront or ongoing fees for the solicitor’s services. There are likewise no fees to pay if your claim does not succeed.
Following a successful claim, you will receive a cancer misdiagnosis compensation payout. Before the claims process commences, you and the solicitor will have agreed upon a success fee, payable from your compensation in the event your claim is won. As The Conditional Fee Agreements Order 2013 caps this success fee at a maximum of 25%, you will receive most of any compensation award.
To get a cost-free assessment of your potential cancer negligence claim or to ask any questions you may have, feel free to contact our advisors. You can speak to a team member using the following:
- Call on 020 3870 4868.
- Use our “claim online” form.
- Find our live chat feature at the bottom of the screen.
Find Out More Information Concerning The Average Payout For Cancer Misdiagnosis
See some of our other cancer misdiagnosis claim guides:
- Read our guide on making a medical negligence claim for thyroid cancer misdiagnosis.
- Find out what compensation you could be entitled to if your head and neck cancer was misdiagnosed by a medical professional.
- Learn more about the eligibility criteria for making a brain cancer misdiagnosis claim.
You can browse these external pages for further information:
- You can read about the stages of cancer with this resource from Cancer Research UK.
- The NHS has prepared this overview of chemotherapy, including treatment methods and common side effects.
- The General Medical Council has issued this guidance on raising concerns regarding the professional conduct of doctors.
Thank you for taking the time to read our guide on the average payout for cancer misdiagnosis. Speak to our advisors for more information on medical negligence claims, or to get a free assessment of your circumstances. You can contact our team using the details above.
