How Do I Claim For Testicular Cancer Misdiagnosis?
If you have received a testicular cancer misdiagnosis that caused you to suffer more than you needed to, you could make a medical negligence compensation claim. This is on the basis that the misdiagnosis was caused by negligence.
This guide will discuss the criteria you must meet in order to be eligible for compensation in medical misdiagnosis claims. Additionally, we will share examples of the evidence that could help support your claim and the compensation you could receive. Furthermore, we will explore how a solicitor from our panel could help you and the benefits of using a No Win No Fee agreement.
If you wish to discuss your claim further, contact our advisors today. Our friendly team is available 24/7 to offer you free legal advice.
To contact one of our advisors today, you can:
Browse Our Guide
- How Do I Claim For Testicular Cancer Misdiagnosis?
- How Could Cancer Be Misdiagnosed?
- What Proof Does My Claim Need?
- How Much Compensation For Testicular Cancer Misdiagnosis Can I Claim?
- How Do No Win No Fee Medical Negligence Solicitors Work?
- Learn More About Cancer Misdiagnosis In Our Related Guides
According to the NHS, germ-cell testicular cancer is the most common type of testicular cancer. Typical symptoms of testicular cancer include swelling, a lump in one testicle, and a change in the texture/shape of the testicles.
All medical professionals that agree to treat you owe you a duty of care regardless of whether they work in a hospital or GP surgery. Per this duty, they must ensure that you receive the correct standard of care. If a medical practitioner, such as a doctor, were to breach this duty of care, you could receive a medical misdiagnosis. This could lead you to receive incorrect or delayed treatment. A cancer misdiagnosis could allow the cancer to spread to other parts of the body, which could cause further harm.
To be eligible to claim compensation if you have received a testicular cancer misdiagnosis, the medical professional treating you must have breached their duty of care. Meaning the standard of treatment you received was not correct, and therefore, this led to you being misdiagnosed. As well as proving this breach of duty, you will need to show how the negligent misdiagnosis led to you suffering harm that would not have been present had the misdiagnosis not occurred.
Are There Time Limits On Medical Negligence Claims?
It is important to remember that you only have a certain amount of time to start your testicular cancer misdiagnosis claim. Generally, you will have 3 years to start your claim from the date of medical negligence.
However, there are some exceptions to this 3-year time limit. These are:
- The date of knowledge – This refers to the date you first realised medical negligence harmed you. You will have 3 years to start your claim from the date of knowledge.
- Minors – If your child was harmed by medical negligence, they will have 3 years to start a claim from their 18th birthday. Before this point, a litigation friend could claim on their behalf.
- Those who lack the mental capacity – The time limit is suspended for those who lack the mental capacity to claim for themself. A litigation friend could also claim for them. However, if they were to regain this capacity, they will have 3 years to start a claim from this date.
Contact our advisors today if you are unsure whether you still have enough time to make your claim.
Various reasons could result in you receiving a cancer misdiagnosis. However, to be eligible for compensation, you need to demonstrate that your testicular cancer misdiagnosis was caused by a medical practitioner deviating from professional standards. Below are examples of how you could be misdiagnosed:
- A doctor may fail to diagnose your symptoms correctly due to not performing a physical examination.
- A hospital mixes up your results, and you receive the wrong diagnosis
- Your biopsy was incorrectly interpreted.
- The doctor failed to listen to the symptoms you were describing.
However, not all misdiagnoses could lead to a claim. If a medical practitioner took all the necessary steps and procedures and you were still misdiagnosed, you might not be eligible for compensation.
Contact our advisors today to discuss your claim. They could help advise you on how to report a doctor for medical negligence.
You must be able to provide sufficient evidence to prove that negligence occurred when claiming for your testicular cancer misdiagnosis. Some of the evidence you could collect to help support your claim include:
- Medical records stating your diagnosis.
- Blood test results.
- A confirmation letter of your diagnosis.
Contact our advisors today if you have any questions about proving medical negligence in compensation claims.
If your claim is successful, the avoidable harm you have suffered due to medical negligence can be compensated with general damages. The following table uses compensation brackets from the Judicial College Guidelines (JCG). The most recent edition of the JCG was published in April 2022. The JCG is a document used by many legal professionals, such as solicitors, to help them value claims. This is because it assigns compensation guidelines to different types of injuries.
The various factors of your testicular cancer misdiagnosis claim could affect how much compensation you receive. Therefore, the table below is just a guide.
|Brain Damage - Moderately Severe||The person will be very seriously disabled, there will be substantial dependence on others and need for constant care.||£219,070 to £282,010|
|Brain Damage - Moderate (i)||A serious risk of epilepsy, with a moderate to severe intellectual deficit with an effect on the senses.||£150,110 to £219,070|
|Reproductive System: Male (a)||A total loss of the reproductive organs.||In excess of £153,870|
|Reproductive System: Male (f)||The person will suffer psychological issues following an orchidectomy. But, there will be no sexual dysfunction.||£20,070 to £22,580|
|Lung Disease (a)||A young person suffering with a severe disability that could lead to a premature death.||£100,670 to £135,920|
|Lung Disease (b)||Impaired quality of life and lung function, due to lung cancer (usually in an older person).||£70,030 to £97,330|
Examples Of Special Damages
Additionally, you could also be compensated for your financial losses in your medical negligence claim under special damages. However, you must prove that they were caused by the harm you suffered. You could be compensated for:
- Care costs.
- Travel costs.
- Medical expenses.
- A loss of earnings.
Providing evidence of these financial losses could help support your claim for special damages. Some of the evidence you could present includes:
- Bank statements.
Contact our advisors today to discuss your testicular cancer misdiagnosis claim.
Our advisors could put you in contact with a skilled solicitor from our panel. Our panel of solicitors have lots of experience dealing with various medical negligence claims. They could also offer you a No Win No Fee agreement, such as a Conditional Fee Agreement (CFA).
Some of the benefits of claiming with this agreement include:
- Not having to pay your solicitor any upfront fees for their services.
- You will not pay the solicitor for their services if the claim is unsuccessful.
- However, you will pay your solicitor a success fee from your compensation if they succeed with your claim. The success fee is legally capped.
Do not hesitate to contact our advisors today if you have any questions about using a No Win No Fee agreement when instructing a solicitor.
Talk To An Expert
If you still have any further questions about claiming for testicular cancer misdiagnosis, you can contact one of our advisors today. Our friendly advisors are available 24/7 to answer your questions and offer free legal advice regarding your specific claim. Additionally, they could also advise you on whether you could claim compensation. They could connect you with an experienced solicitor from our panel who could help you with your claim.
To contact one of our advisors today, you can:
Further guides by us regarding medical negligence claims:
- Can I claim compensation for the misdiagnosis of a stroke?
- How to claim for common prescription errors.
- First aid negligence compensation claim.
Additional resources are available at:
- UK GOV – The NHS constitution for England.
- Cancer Research – Getting diagnosed with testicular cancer.
Please contact one of our advisors today if you have any further questions about making a medical negligence claim for your testicular cancer misdiagnosis.