My Head And Neck Cancer Was Misdiagnosed, How Do I Claim Compensation?
In this guide, we look at how you could claim compensation for the effects you suffered after your head and neck cancer was misdiagnosed. We outline the eligibility criteria that you will be expected to meet and the time limits you should adhere to when starting a claim.
Moreover, our guide discusses the standard of care that medical professionals must deliver and the evidence that will help to prove medical negligence in a compensation claim. We also explain how a misdiagnosis can occur, elaborating on the causes and what impacts this can have.
We look at compensation guidelines and illustrate the kinds of compensation you could be eligible to claim for. On the same note, we outline how solicitors may consult certain resources to help them value the types of harm in a claim. We depict these compensation bracket amounts in a table.
Furthermore, our guide discusses how a No Win No Fee agreement operates if you choose to work with a solicitor who offers such. We highlight what you can expect in these arrangements and how the success of your medical negligence claim influences whether your solicitor is paid.
Please continue reading our guide for more information on how you can claim after your head and neck cancer was misdiagnosed.
On the other hand, you may wish to discuss your questions further, and you can do so by using the methods below to speak with a member of our team:
Browse Our Guide
- How Do I Claim If My Head And Neck Cancer Was Misdiagnosed?
- How To Show Your Head And Neck Cancer Was Misdiagnosed
- Possible Causes Of Cancer Misdiagnosis
- What Payout Could You Claim If Your Head And Neck Cancer Was Misdiagnosed?
- Why Contact Us About No Win No Fee Compensation Claims For Medical Negligence?
- Learn More About Cancer Medical Negligence Claims
Every medical professional has a duty of care when they agree to treat a patient. This means providing each patient with the correct standard of care to avoid ever causing preventable harm.
To hold a valid medical negligence claim following the misdiagnosis of head or neck cancer, the onus will be on you to prove:
- Which doctor owed you a duty of care at the time of the negligence,
- How the medical professional failed to provide the correct standard of care, and
- How this breach of duty meant that you suffered harm, you wouldn’t have suffered.
You could claim after your head, and neck cancer was misdiagnosed if you suffered harm due to a medical professional’s breach of duty, as this amounts to negligence. If there was a breach, but no harm resulted, you will not be able to make a medical negligence claim.
To learn more about your eligibility to make a claim, please contact one of our advisors.
Time Limits To Claim If Your Head And Neck Cancer Was Misdiagnosed
Generally, when making a medical negligence claim, the Limitation Act 1980 states that you will have three years from when you suffered the harm or from the date you had knowledge of the negligence involved in your treatment.
Exceptions exist in circumstances in which the person was a child when the harm occurred or if a person lacked the mental capacity to start a claim.
If a person were under eighteen at the time of the harm, they would have three years from their eighteenth birthday to start a claim. Additionally, the time limit is frozen if a person lacks the mental capacity to make a claim. It will resume in the event that the person recovers their mental capability to claim.
These exceptions exist if a claim has not already been made on behalf of the individuals. Litigation friends can do this. They can make a claim on behalf of someone else; they usually know the person and their best interests.
For more information on the time limitations, please get in contact with our team.
Proving that the harm resulted from a negligent medical professional’s actions will be beneficial in establishing liability for the effects you suffered after your head and neck cancer was misdiagnosed.
Evidence can exist in various forms. Examples include:
- Hospital reports.
- Treatment plan.
- An in-depth report from an independent medical appointment.
- Statement of diagnosis.
- Doctor reports.
A solicitor from our panel could assist you in gathering these pieces of evidence to help you with your medical negligence claim.
There are many ways a cancer misdiagnosis could happen. In order to be able to claim, the harm caused by the misdiagnosis must be caused by medical negligence.
Examples of misdiagnosis circumstances are as follows:
- Test results may have been misplaced, and this causes a delay in your treatment as someone else’s diagnosis was given to you instead of yours. This could potentially lead to the wrong medication being given and causing further complications.
- A receptionist may have forgotten to organise a follow-up appointment, meaning you do not receive the specialist treatment you require.
- A doctor may not have listened properly to your symptoms. If there is a delay in diagnosing your cancer, this could lead to it spreading; There are different types of cancers that can be found in the head and neck, from mouth cancer, sinus cancer or throat cancer. Certain ones can spread to the brain or lungs and potentially cause facial disfigurements and a loss of smell.
Get in contact with an advisor on our team who can help assess your claim’s circumstances and discuss whether you have grounds for a medical negligence claim.
You could be eligible to receive compensation for the harm you suffered. There are two kinds of damages, one being general damages. These compensate you for the pain you have endured due to the harm caused by medical negligence.
The Judicial College Guidelines may be consulted by solicitors when they value the harm you suffered. These contain compensation brackets that give a better understanding of the amount you could receive. These amounts are in the table in this section though they are not definite, and what you receive may differ in comparison.
|Injury and Severity||Notes||Compensation Brackets|
|Brain - Very Severe (a)||There is a small ability to follow basic commands but the response to environment and language function are little if existing at all.||£282,010 to £403,990|
|Brain - Moderately Severe (b)||There is serious disability and a need for professional care that is constant and substantial.||£219,070 to £282,010|
|Lungs (a)||Serious disabilities in a young person with a chance of the condition worsening and leading to a death that is premature.||£100,670 to £135,920|
|Lungs (b)||Cancer typically in a person who is older and experiencing severe pain and impaired function.||£70,030 to £97,330|
|Facial Disfigurement (a) Very Severe||The cosmetic impact is very disfiguring and the psychological reaction from the young person is severe.||£29,780 to £97,330|
|Facial Disfigurement (c) Significant||The effects that can be considered to be the worst could be reduced by plastic surgery. It can also include instances when the scarring is visible at a conversational distance.||£9,110 to £30,090|
Another form of compensation you could receive is special damages. These reimburse you for the financial losses you have endured due to the harm you suffered from the negligence.
This can cover things such as the costs of adjusting your home to suit your needs, transportation costs incurred from travelling to appointments and the earnings you lost due to being unable to attend work after the harm.
To prove these losses, having documents such as payslips, invoices, bank statements, and public transport tickets will be advantageous when claiming.
A No Win No Fee agreement may be of interest to you, and this may be an option if you choose to work with a solicitor. They could propose a Conditional Fee Agreement, a common type of this arrangement.
With this agreement established, your solicitor will not charge you for their services if your claim is unsuccessful. Alternatively, they will take a fee if your claim is a success.
This is a success fee and simply means that the solicitor takes an amount of your compensation. However, this will most likely have been agreed upon by you and your solicitor before agreeing to work together.
Furthermore, the Conditional Fee Agreements Order 2013 restricts the amount they can legally deduct.
If you would like to know more about what percentage solicitors take, please get in touch with our advisors, who can provide you with free legal advice.
How To Contact Us
Please don’t hesitate to contact us about your claim. To receive a free consultation, you can reach us in the following ways:
- Call us on 020 3870 4868
- Contact us by using our online form
- Interact with our live feature, which allows you to chat with an advisor
Thank you for reading our guide on claiming compensation after your head and neck cancer was misdiagnosed due to medical negligence. For more information, please visit more of our guides:
- What Could Be Classed As Medical Negligence In The UK?
- Can I Claim Compensation For Drug Errors?
- Medical Negligence Claims Against The NHS
- My Leukaemia Was Misdiagnosed, Could I Claim Compensation?
For external information, please explore these further resources: