What Is Cancer Misdiagnosis And How To Claim Compensation

Suffering from cancer can be isolating and overwhelming, particularly if your diagnosis has been delayed or missed due to substandard healthcare. With the NHS Resolution reporting that 314 cases were settled between 2023 and 2024, which were attributed to failure or delayed diagnosis of cancer, unfortunately, these claims can and do arise, which is why we’ve created this comprehensive guide to help you navigate cancer misdiagnosis claims

Key Takeaways

• You typically have 3 years to start your medical negligence claim.
• To be eligible to make a cancer misdiagnosis claim, you must’ve suffered avoidable and unnecessary harm. 
• Compensation could consider the physical, mental and financial impacts caused by the harm you suffered
• A cancer misdiagnosis might lead to delayed or incorrect treatment 
• Evidence will be needed to prove your claim 

Contact Us 

To learn more about starting your cancer misdiagnosis claim, contact our advisors by:

• Calling us on 0161 509 2856
• Filling in our online claim form 
• Using our live chat 

Frequently Asked Questions

1. What Are Cancer Misdiagnosis Claims?
2. How Much Compensation Can I Get For Misdiagnosed Cancer?
3. How Can Compensation Help After A Misdiagnosis Of Cancer?
4. What Cancer Is Covered Within A Misdiagnosis Claim?
5. How Might Medical Negligence Result In A Cancer Misdiagnosis?
6. Steps To Take When Claiming Misdiagnosed Cancer Compensation
7. No Win No Fee Cancer Misdiagnosis Claims
8. Frequently Asked Questions
9. Learn More

What Are Cancer Misdiagnosis Claims?

Cancer misdiagnosis claims can arise when a medical professional fails to reach the standard expected of them, resulting in avoidable and unnecessary harm. 

In order for you to be eligible to start a medical negligence claim, your case must fulfil the eligibility criteria. We can prove this by demonstrating:

1. You were under the care of a medical professional; therefore, they owe you a duty of care
2. Due to them failing to meet professional standards, they breached this duty, for example, you were showing clear signs of lung cancer and they failed to refer you for further testing.
3. Due to this breach, i.e. negligent diagnosis, the cancer spread, causing you to suffer unnecessary and avoidable harm

In cancer misdiagnosis claims, it’s important to note that not all misdiagnoses will result in a claim. A medical professional might’ve acted in accordance with the professional standards they are governed by, but a misdiagnosis happened due to reasons beyond their realm.

The three components above amount to negligence, which is the basis of all compensation claims. If you would like a free discussion about the validity of your claim, get in touch with our advisors today. 

Can I Claim For A Misdiagnosis Of Cancer Against The NHS?

Yes, you can claim against the NHS for misdiagnosed cancer if you have evidence that satisfies the criteria above. 

In these cases, your claim would be made against NHS Resolution, a body of the Department of Health and Social Care.

Your claim would be made against the specific Trust that you received negligent treatment from; however, NHS Resolution operates as an insurer for the NHS.  What this means is that if you were successful in your claim, your compensation would be paid by NHS Resolution, ensuring that there is no impact on a specific trust or the general budget for public healthcare services. 

Claiming For A Cancer Misdiagnosis During Private Treatment

If you received negligent care from a private healthcare provider, and your claim satisfies the eligibility requirements, then you could have the grounds to make a medical negligence claim. This claim would be made against the private institution, and if successful, compensation would be paid from the private healthcare insurers. 

Can I Claim For The Delayed Diagnosis Of Cancer?

Yes, you could still have a valid claim for the delayed diagnosis of cancer. You would be eligible to claim for a delayed diagnosis if it can be shown that the delay was caused by the professional who treated you failing to reach the standard of care expected of them.

A delayed diagnosis claim might arise if a medical professional identifies your cancer, but does so later than they should have. For example, if a doctor fails to order further testing and fails to take your concerns seriously, then later you undergo these tests and are diagnosed with cancer.  

Can I Make A Claim For A Loved One If They Experienced Cancer Misdiagnosis?

You are able to claim on behalf of a loved one by acting as their litigation friend. This is a role in which you can claim for someone else, if they’re unable to claim for themselves. However, this role can only be appointed or applied for in two circumstances:

• If the claimant is under 18, they’re unable to claim for themselves, as a child is unable to claim
• If the claimant lacks the mental capacity 

Acting as a litigation friend comes with some responsibilities, such as managing any legal proceedings on behalf of the claimant and discussing the claim with the claimant’s legal representative. Here at Advice we could help you to apply to act in this role.

Am I Able To Claim On Behalf Of A Loved One Who Has Passed Away?

In fatal cancer misdiagnosis claims, certain legislation applies. For example, under the Law Reform (Miscellaneous Provisions) Act 1934,  in the first 6 months following the death, only the deceased’s estate is able to claim. They are able to claim for the physical pain and suffering and the financial impact felt prior to death. As well as this, the estate has the power to claim on behalf of the deceased’s dependents. 

Following the first 6 months, under the Fatal Accidents Act 1976, the dependents of the deceased are able to make a claim provided the estate has not claimed on their behalf. The dependents here are able to claim for how the death has impacted them. 

If you’d like to learn more about how we could help you apply to act as a litigation friend, or if you have any questions about fatal claims, contact our advisors today. They are happy to answer any questions you might have about the process. 

How Much Compensation Can I Get For Misdiagnosed Cancer?

The compensation you could receive in a successful claim might consist of two different damages:

• General damages serve the purpose of compensating you for the physical and mental impact of your harm. This can include any pain, suffering and how the harm has impacted your quality of life. 
• Special damages aim to compensate you for the financial or economic loss caused by your harm.

When your general damages are being calculated, those responsible might consider frameworks such as the Judicial College Guidelines (JCG). This document outlines compensation brackets and types of harm.

Our list below shows suggestive compensation brackets for successful cancer misdiagnosis claims; however, please note that the first entry has not been taken from the JCG. These are not a guarantee of compensation.

• Multiple forms of severe harm as well as special damages, such as childcare costs – up to £1,000,000+
• Brain and Head Injury Very Severe: cases where they might be slight ability to follow commands, and little to no language function – £344,150 to £493,000
• Bowels a): claimants experiencing double incontinence  – Up to £224,790
• Kidney a): cases where there is either total loss of or serious and permanent damage to one or both kidneys – £206,730 to £256,780
• Kidney b): total loss of natural function, with a high chance of future medical expenses – Up to £78,080
• Lung Disease (a): young people with a high likelihood of premature death might fall into this bracket – £122,850 to £165,860
• Lung Disease (b): cases of lung cancer causing serious, continuous pain and an impact on quality of life – £85,460 to £118,790
• Bladder Seriously Impaired Control: severe loss of control, along with pain – £78,080 to £97,540
• Bladder Some Fairly Long-Term Interference With Function: almost a full recovery, but some loss of function – £28,570 to £38,210

How Can Compensation Help After A Misdiagnosis Of Cancer?

We understand that claiming compensation can’t undo the harm you have gone through, but it can help to provide financial relief after your cancer misdiagnosis and play a meaningful role in your recovery and rehabilitation. It can also help to give a sense of justice, and it aims to put you in the financial position they could be in but for the negligence.

Below, we explore how compensation can help you after a cancer misdiagnosis:

Loss Of Earnings

Suffering a misdiagnosis can mean you’ve been unable to work, particularly if you’ve attended appointments for tests. This can mean you might’ve missed out on pension contributions, bonuses or general lost earnings. These lost wages can be claimed within the special damages. 

Medical Expenses

Experiencing a misdiagnosis can also mean you now have mounting medical costs, whether this be private surgery expenses or prescription costs, which could also be assessed as part of your compensation.

Cost Of Care

These costs of care can also be valued and considered as part of special damages, provided we can prove these costs with invoices or other supporting documents. These costs could include professional care if you now require round-the-clock care, gratuitous payments if your family members have committed to acting as your carer or even childcare costs. 

Rehabilitation Or Recovery

You might require physiotherapy, occupational therapy or even psychological help during your recovery. Here at Advice, one of our solicitors could work closely with you to develop a rehabilitation plan which suits your needs, but the costs of these services can also be claimed in your compensation.

Interim Payments For Cancer Misdiagnosis

You might be eligible for interim payments, especially if the medical institution you received care from admits liability or if your claim is likely to be successful. These payments are an advance on your compensation, which is paid out before your claim is settled.

They are immediate payments for immediate costs which might arise during your claim process. They can be used for expenses such as accommodation costs or emergency medical costs.

A solicitor from Advice could assist you in applying for these advance payments, and if you’d like to learn more about interim payments, get in touch with us today.

What Types Of Cancer Misdiagnosis Are Most Commonly Claimed For? 

There are a number of different types of cancer that can be covered in a cancer misdiagnosis claim. Below, we provide a few examples:

• Lung cancer – this might be misdiagnosed as some of the symptoms present similarly to those of other respiratory problems, such as bronchitis or chest infections.
• Pancreatic cancer – could be misdiagnosed as diabetes, irritable bowel syndrome or even pancreatitis. 
• Breast cancer – this may be misdiagnosed as breast cysts, mastitis, fibroadenomas or even due to hormonal changes.
• Bowel cancer – a healthcare professional may fail to notice the risk factors associated with a patient and misdiagnose bowel cancer as irritable bowel syndrome, haemorrhoids or even inflammatory bowel disease.
• Skin cancer – doctors can misdiagnose the signs of skin cancer as a common rash, dermatitis or even sunburn. 

The types of cancer we explored above are not an exhaustive list, but rather the most common forms. If your case looks different, then please don’t hesitate to get in touch with our specialist advisory team today.

How Might Medical Negligence Result In A Cancer Misdiagnosis?

Below, we have provided a few examples of how negligence could result in a cancer misdiagnosis:

• You attend the GP with a lump in your breast, and they diagnose it as a swollen lymph node. You express your concerns, but they fail to order a mammogram to provide further testing. As a result, they failed to detect your breast cancer for months following your first appointment. 
• Your doctor fails to interpret your x-ray scan properly and diagnoses you with a benign tumour. Your tumour is, in fact, malignant and continues to spread over a number of months before another radiologist notices the spread, resulting in the worsening of your lung cancer. 
• You visit your GP for a checkup after losing a considerable amount of weight, and they notice that you have an unusual growth on your neck. They fail to inspect this and don’t administer any further physical examinations. Due to this, they also fail to encourage further testing, such as a biopsy. They fail to diagnose your skin cancer at the earliest stage that they could, leading to a worse health condition.

These aren’t the only ways in which negligence could lead to a cancer misdiagnosis, so please get in touch with our advisors today if you believe you received substandard care. Our advisors are here to help you with any questions you might have.

Steps To Take When Claiming Misdiagnosed Cancer Compensation

Starting your claim can feel overwhelming and daunting, particularly after experiencing a cancer misdiagnosis. We understand completely that you might’ve been left feeling isolated, which is why our solicitors are committed to supporting you through each step of your claim. 

An important part of any compensation claim is evidence; this can be documents that demonstrate irrefutably that your harm was caused by receiving substandard care from medical professionals. 

Your evidence may include:

• Medical evidence, such as your GP record to outline any prior diagnoses, prescriptions or any treatment you’ve received 
• Photographs or a diary detailing the harm you experienced
• Copies of any scans, x-rays or further test results
• Contact details of anyone who might’ve witnessed the care you were given, so we can later gather a witness statement 
• Any correspondence between you and the medical institution from which you received treatment

Is There A Time Limit To Start My Claim?

In addition to ensuring that you have evidence which strengthens your case, we must also make sure that your claim is started within the permitted time limits. Under the Limitation Act 1980, medical negligence claims are subject to a general time limit of 3 years from either:

• The date of the treatment 
• The date of knowledge (otherwise known as the date you realised the negligent treatment you received caused you harm)

There are two specific situations in which these limits differ:

• If a claimant is under 18 at the time of the harm, they will have 3 years from the date of their 18th birthday to start a claim.
• A vulnerable adult who is mentally incapacitated will have their time limit paused until a full recovery is made, if this is possible. Their time limit would then run from 3 years from the date of their recovery.

If you choose to work with a solicitor from Advice, they can help you with evidence gathering and can clarify whether your claim would still fall within the time limit. Reach out to our advisory team today to learn more.

No Win No Fee Cancer Misdiagnosis Claims

The solicitors here at Advice work on a No Win No Fee basis through the use of a Conditional Fee Agreement (CFA).

This can be a beneficial way of instructing a solicitor, as it means you wouldn’t be required to make any upfront payment for the solicitor to begin work on your case.

Another benefit of a CFA is that if your claim were unfortunately unsuccessful, you wouldn’t be required to pay a penny.

Rather, if your claim were successful, a small fee would be payable from your compensation. This fee is limited in line with the Conditional Fee Agreements Order 2013, to ensure that you receive the bulk of your compensation. 

By choosing to work with Advice, you can expect:

• Regular updates about your case progression
• Help with evidence gathering 
• Support throughout every stage of your claim
• Help connecting you with cancer charities
• Working alongside you to develop a recovery plan which suits your needs
• Assistance in applying to act as a litigation friend, for interim payments or help with making fatal claims 

To learn more about how we could help you, contact our team using the contact information below.

Get In Touch With Advice

If you have any questions or would prefer to speak with one of our friendly advisors, you can reach us by:

• Calling us on 0161 509 2856
• Filling in our online claim form 
• Using our live chat

Frequently Asked Questions

Below, we explore answers to the most common questions about cancer misdiagnosis claims:

What Are The Common Symptoms Of Cancer

Each type of cancer can have varying symptoms; however, the most common signs of cancer include:

• Continuous fatigue 
• Unexplained weight loss
• A new lump or growth
• Night sweats or fever
• Unexplained pain or ache 
• Changes to your skin or nails
• Bleeding or bruising with no explanation 

Is There A Higher Risk If Cancer Is Misdiagnosed?

Unfortunately, if cancer is misdiagnosed, there is a higher risk of severe health consequences or even death.

A misdiagnosis often means that you wouldn’t receive the treatment or medications you might need to help manage your type of cancer, so if this is wrongly diagnosed, it can mean you receive treatment which isn’t appropriate and essentially may worsen your condition.

Will A Cancer Misdiagnosis Claim Impact The NHS Budget?

No, any compensation paid out in successful claims against the NHS is paid out of the NHS Resolution budget. If you have any questions about this, please contact us today and one of our advisors will be happy to explore this in further detail.

Would A Claim Impact My Accessibility To Cancer Treatment?

By claiming against either a public or private healthcare body, you wouldn’t be denied healthcare. Regardless of any ongoing claims, as a patient, you are owed a duty of care by any and all medical professionals. Your access to cancer treatment should not be impacted due to a claim.

Will I Have To Go To Court To Claim Cancer Misdiagnosis Compensation?

According to NHS Resolution’s Annual Report and Accounts for 2023/24, NHS Resolution found that 81% of all clinical negligence claims were settled out of court. This statistic highlights the likelihood that your claim can be settled without litigation.

It is in neither party’s interest to go to court, as it can be both time-consuming and costly. Despite this, if your claim were to go to court, our solicitors have experience advocating for claimants just like yourself. 

Learn More

Why not read our other guides about:

• How to claim for medication errors
• Claim for an operation gone wrong
• Misdiagnosed testicular cancer
• Prostate cancer misdiagnosis claims
• Throat cancer misdiagnosis claims
• Oesophageal cancer misdiagnosis claims

Helpful External Resources

• NHS guidance about chemotherapy
• How to apply for Statutory Sick Pay from GOV.UK
• How to make a complaint about the NHS

Thank you for reading our guide about cancer misdiagnosis claims.