If you’re diagnosed with cancer, it can be a terrifying experience. You may be worried about your treatment and how this will affect your life in the long term. But what if the NHS failed to diagnose your illness or disease? If you were misdiagnosed with cancer, then this could mean that you are receiving the wrong treatment or being given no treatment at all. In these situations, it’s important to know what steps to take next because misdiagnosis can have serious consequences for your health and wellbeing.
What is a misdiagnosis claim?
A cancer misdiagnosis claim is a legal action that can be taken by patients who have received negligent medical treatment. In this case, negligence occurs when doctors fail to diagnose a patient’s illness properly or on time. A doctor who misdiagnoses an illness may also be liable for any resulting complications, such as additional surgery or long-term health problems.
If you think that you’ve been misdiagnosed and would like to pursue legal action, there are several things that must be considered first:
- What type of negligence claim are you making? Doctors can be held responsible for breaching their duty of care in several different ways such as failing to diagnose correctly or negligently performing surgery on an incorrect part of the body (this is known as “wrong site surgery”). If this happens while treating cancer patients – causing further harm – then our solicitors will help guide them through every step until they reach resolution.* How much compensation could I receive? Compensation awards vary depending on each individual case but typically range between £5k-£250k per person per year spent fighting against cancer without knowing what was wrong with them.* What should I do next? You should contact us today so we can take some basic details from which point one of our experienced team members will call back within 24 hours!
How do I make a misdiagnosis claim?
If you are considering making a claim, it is important to know that you do not need to go through this alone. You can get legal aid help if your income is low enough or if you are on benefits. The Citizens Advice Bureau may also be able to give free advice on how best to proceed with your case and what kind of compensation would be reasonable in the circumstances.
What can I claim for?
- cancer misdiagnosed as adenomyosis Compensation for pain and suffering: Where a misdiagnosis has been made, you may be entitled to claim compensation for any physical or emotional pain that you have suffered as a result of the negligence. This could include symptoms such as nausea, vomiting and headaches.
- Financial consequences of the misdiagnosis: If your condition was not diagnosed early enough then there will likely have been costs incurred by your family in terms of hospital visits and treatment which wouldn’t otherwise have been needed if it had been diagnosed correctly at an earlier stage. You might also have missed out on work opportunities because of your illness or had difficulty finding employment due to its effects on your health (such as needing time off sick). These are all things that can be claimed for in an injury claim against an NHS trust where it has failed in its duty under section 1(1) Health Act 1999 section 1(1)(b).
You can make a misdiagnosis claim if the NHS failed to diagnose your illness or disease.
If you’ve been diagnosed with cancer and it was missed by the NHS, then you can make a misdiagnosis claim for compensation.
A successful claim will cover the cost of your treatment and any other expenses that have been incurred as a result of the misdiagnosis. For example, if you had to take time off work because of your illness or disease and have lost earnings as a result of this, then this loss will be compensated for by way of compensation too.
You may also be able to claim for pain and suffering caused by your misdiagnosis – this would include things like having unnecessary surgery which resulted in further complications such as nerve damage due to poor surgical technique; or being unable to enjoy life because treatment has affected key organs such as kidneys or liver function (which might lead onto needing dialysis).
Conclusion
We hope this article has shed some light on the process of making a misdiagnosis claim in the UK. The NHS is meant to be the best healthcare system in the world, but it can still fail people when they need it most. If you or someone you know has been affected by cancer misdiagnosis then we would like to hear from them so we can help them make an informed decision about what steps they should take next.
