My Thyroid Cancer Was Misdiagnosed – Can I Claim Compensation?
This guide discusses when you could be eligible to begin a medical negligence claim if your thyroid cancer was misdiagnosed and the process involved in doing so.
Medical professionals owe a duty of care to their patients to provide care that meets the correct standard. If the medical professional treating you failed to do so, and this led to you suffering avoidable harm as a result of a misdiagnosis, you might be able to seek compensation. However, we will discuss the eligibility requirements that need to be fulfilled in more detail throughout our guide.
Additionally, we look at the evidence you could provide in support of your misdiagnosis claim, how compensation for this type of case is calculated, and how a No Win No Fee solicitor could assist you through the different stages of the claims process.
For more information regarding your potential medical negligence compensation claim, please contact an advisor. To reach them, you can:
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- Can I Claim Compensation If My Thyroid Cancer Was Misdiagnosed?
- Can Thyroid Cancer Be Misdiagnosed?
- How Can You Prove Clinical Negligence?
- What Could You Claim If Your Thyroid Cancer Was Misdiagnosed?
- Get Expert Advice On How To Make A No Win No Fee Claim For Medical Negligence
- Further Guidance On Medical Negligence Claims
Medical professionals, such as doctors, nurses, and surgeons, must provide their patients with care that meets the correct standard. This is their duty of care. The way in which they are expected to uphold this duty can vary depending on the specific field of medicine they work in. For example, the General Medical Council (GMC) outlines the standards of professionalism expected of doctors, whilst the Royal College of Nursing sets out a nurses duty of care.
If a medical professional failed to provide the correct standard of care, and this caused you to suffer avoidable harm due to a thyroid cancer misdiagnosis as a result, you might wonder whether you are eligible to seek compensation.
In order to begin a medical negligence claim after your thyroid cancer was misdiagnosed, you must show the following:
- A medical professional owed you a duty of care.
- They breached this duty by failing to meet the correct standard of care.
- The breach led to you experiencing avoidable harm.
Time Limits Relevant To Cancer Misdiagnosis Claims
There are time limits in place for starting a medical negligence claim as set out in The Limitation Act 1980. It states you generally have three years from the date that medical negligence occurred to begin legal proceedings. In some cases, the time limit could begin from the date you became aware of the medical negligence. This is known as the date of knowledge.
There are a handful of other exceptions that could affect a claim’s time limit. If you want to learn more or find out whether you have an eligible claim after your thyroid cancer was misdiagnosed, please give our team a call.
Thyroid cancer is found in the thyroid gland. The thyroid is a gland found in the neck that has numerous important functions, such as releasing hormones that help with digestion, your muscles and your heart. According to Cancer Research UK, thyroid cancer can spread to the lungs and bones. It can also grow outside the thyroid into nearby soft tissue as well as the area surrounding the bones of the spine.
Examples of how thyroid cancer could be misdiagnosed include:
- An ultrasound scan is performed incorrectly providing inconclusive test results. As a result, you’re misdiagnosed with a different condition causing the cancer to spread to other parts of the body.
- Despite exhibiting clear signs of thyroid cancer, your doctor fails to refer you for further tests. Instead, they diagnose you with a different condition without conducting additional tests. This leads to you experiencing delayed treatment which worsens your initial condition.
Speak to an advisor over the phone about your experience, and they can help you determine if you have a valid medical negligence claim.
Evidence can help prove that a medical professional breached their duty of care and caused you to suffer avoidable harm. For example:
- Medical records detailing the treatment you have received. You can request these records from your healthcare provider.
- Witness contact information.
- Proof of any financial losses caused by medical negligence. This could include a bank statement, receipts, invoices or payslips.
Furthermore, you may also be able to include the results of the Bolam Test. This is an assessment of your treatment carried out by a group of relevantly trained professionals, where it is judged whether or not you received the correct standard of care. You wouldn’t have to arrange this test yourself and whether it is carried out will be decided on a case-by-case basis.
Our panel of medical negligence solicitors are experienced in putting together evidence that gives a claim its best possible chance of success. Call the number at the top of this page to learn how a solicitor could help with proving medical negligence in your misdiagnosis claim.
Following a successful medical negligence claim made after your thyroid cancer was misdiagnosed, you could receive a settlement comprising up to two heads of loss.
General damages, the first head of loss, compensates for the pain and suffering you experienced due to the medical negligence.
Legal professionals working on the case may use the Judicial College Guidelines (JCG), containing a list of guideline compensation brackets, to help them value general damages. Medical evidence could also aid their calculations.
We have taken figures from the JCG to assemble the table below. Please bear in mind that the specifics of each case determine compensation awards, so this table is only a guide.
|Lung Disease||£100,670 to £135,920||A young person with a serious disability where there is a chance of their condition worsening and leading to premature death.|
|Lung Disease||£70,030 to £97,330||Lung cancer causing severe pain and function impairment as well as impaired quality of life.|
|Neck - Severe (iii)||£45,470 to £55,990||Severe soft tissue damage causing chronic conditions and permanent significant disability.|
|Neck - Moderate (i)||£24,990 to £38,490||Serious soft tissue damage to the neck and back.|
|Mental Anguish||£4,670||Fear of impending death or a reduced life expectancy.|
Examples Of Other Forms Of Damages
Special damages could also be awarded to compensate for the financial losses caused by the medical negligence. For example:
- Medical costs, such as prescription fees.
- Travel expenditure.
- Personal care costs.
- A loss of earnings if you have to miss work.
By talking to an advisor from our team, you can find out what compensation you could receive if you make a successful medical negligence claim.
If you have an eligible claim, you could work with a solicitor from our panel. They offer their services under a Conditional Fee Agreement which is a type of No Win No Fee arrangement that ensures you won’t pay for their work:
- During the case;
- If the case fails.
A solicitor will take a success fee if your case wins and you receive compensation. They would claim a small percentage of your compensation, with The Conditional Fee Agreements Order 2013 applying a cap to what can be taken.
You can speak to our advisors today for free guidance on whether you could make a medical negligence claim after your thyroid cancer was misdiagnosed. If you can seek medical negligence compensation, a solicitor from our panel could be there to help.
Get in touch today by:
- Calling 020 3870 4868.
- Writing to us about your claim online.
- Sending a message to us on live chat below.
You can find more insight into the medical negligence claims process below:
- Find out whether you could claim for an operation gone wrong and what to do next.
- Read whether you can report a doctor for medical negligence and seek compensation.
- Learn if you could claim for medical negligence caused by delays in treatment.
Also, try these resources for background information:
- Cancer Research UK – Guidance on seeing your GP about thyroid cancer symptoms.
- GMC – Raising a concern about a doctor.
- GOV.UK – Information about the NHS Constitution for England.
Thank you for reading our guide on claiming compensation if thyroid cancer is misdiagnosed. We’re here to help, so please call or reach out online today if you need a hand.
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