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A lung cancer misdiagnosis presents a very serious failure of medical care that can have dramatic ramifications for both you and your family. The sooner a cancer is detected, the more treatment options a patient will have as well as a better chance of survival. So, if your cancer diagnosis was delayed, and this led to you experiencing avoidable harm, you could be entitled to compensation.
Key Takeaways
- Lung cancer misdiagnosis can occur because of misinterpreted test results, symptoms being overlooked or mistaken for another condition, and failures to make referrals.
- The disease’s symptoms often overlap with asthma, pneumonia, bronchitis, and other conditions.
- Misdiagnoses can delay lung cancer treatment or lead to patients getting the wrong care (or none at all).
- According to NHS registration statistics, the majority of lung cancer cases in 2022 were diagnosed at stage 3 or 4.
- An experienced solicitor from Advice could provide tailored support for your lung cancer misdiagnosis negligence claim.
At Advice, we understand just how difficult dealing with medical negligence can be, especially when it comes to a condition like cancer. Our expert solicitors can provide a dedicated personalised service built around your specific needs. Whether it’s helping you collect evidence or negotiating on your behalf, one of them is ready, willing and able to support your cancer misdiagnosis claim from start to finish.
Talk to our advisory team today using the contact information given in this guide.
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Select A Section
- What Is A Lung Cancer Misdiagnosis?
- How Can Lung Cancer Be Misdiagnosed?
- Common Symptoms Of Lung Cancer That Are Often Missed
- Can You Claim If Lung Cancer Is Misdiagnosed?
- What Compensation Could You Receive For A Lung Cancer Misdiagnosis?
- What Evidence Do You Need To Claim For Lung Cancer Misdiagnosis?
- What Is The Time Limit For Making A Lung Cancer Misdiagnosis Claim?
- How No Win No Fee Agreements Work In Lung Cancer Misdiagnosis Claims
- Why Choose Advice For Your Lung Cancer Misdiagnosis Claim?
- Frequently Asked Questions
- More Information
What Is A Lung Cancer Misdiagnosis?
A lung cancer misdiagnosis happens when a doctor or other medical professional doesn’t correctly and promptly detect the disease, such as by not recognising clear symptoms or misinterpreting test results. Medical professionals often misdiagnose lung cancer as something else entirely because symptoms such as shortness of breath often overlap with asthma and other conditions.
Our advisors are on hand if you’d like to share your own experience in confidence.
How Can Lung Cancer Be Misdiagnosed?
Lung cancer can be misdiagnosed because of badly performed diagnostic tests, no testing at all, and failures to identify clear symptoms correctly. Some such scenarios have been given below to help explain how a misdiagnosis could occur because of negligent care:
- You went to your local GP showing clear signs of lung cancer, but the doctor dismissed them and did not refer you for further testing. Due to the GP’s negligence, the cancer had spread considerably by the time you received the correct diagnosis months later.
- Errors during your scans resulted in you being misdiagnosed with pneumonia. This goes unnoticed for some time, and means you require much more aggressive treatment.
- Cross-contamination in the hospital lab led to your biopsy coming back negative, allowing the disease to go undetected. The delay leaves you with permanent lung damage and causes you to develop long-term depression.
Other scenarios could arise that result in a misdiagnosis, so to find out about claiming in your particular circumstances, talk to our advisors today.
Common Symptoms Of Lung Cancer That Are Often Missed
Some of the common symptoms of lung cancer that are often missed or mistaken for less serious conditions include recurring chest infections, unexplained weight loss, and persistent breathlessness. Other symptoms can include:
- Coughing that does not dissipate within 3 weeks.
- Coughing up blood.
- Fatigue and lack of energy.
- A loss of appetite.
- Pain when coughing or breathing.
Other symptoms that are less common but could still be missed include neck and shoulder pain, wheezing, and hoarseness. Our advisors are here to listen, so please reach out today to find out if you can claim for your lung cancer misdiagnosis.
Can You Claim If Lung Cancer Is Misdiagnosed?
Yes, you could claim if lung cancer is misdiagnosed, provided that you can show you were avoidably harmed because the care you received as a patient was substandard. This requires establishing negligence, which involves demonstrating that:
- You were owed a duty of care by a medical professional.
- This duty was breached when the care you received fell below the correct standards.
- Avoidable harm was caused as a result of this breach.
Medical professionals have a legal responsibility, the duty of care mentioned above, to provide their patients with the correct standards of care. A failure to uphold this duty that leads to patients suffering unnecessarily can constitute medical negligence. However, it’s important to stress that not all misdiagnoses result from substandard care.
You can get more tailored guidance on medical negligence by speaking to our advisors via the contact information given in this article.
What Compensation Could You Receive For A Lung Cancer Misdiagnosis?
You could receive between £12,990 and £165,860 for a lung cancer misdiagnosis, per the Judicial College Guidelines (JCG). This publication is often used by solicitors, alongside relevant medical records, to help them determine potential compensation amounts for the unnecessary harm that a claimant has endured. That is because the text contains suggested compensation brackets for many forms of harm.
Medical negligence compensation can be divided into 2 heads of claim:
- Physical and psychiatric harm is paid out under general damages.
- The financial losses stemming from this harm can be compensated under special damages.
Compensation Brackets
Some general damages compensation brackets have been taken from the JCG and summarised below. Please be aware that the first bullet point is not a JCG amount, and all of them have been provided for guidance only.
- Very serious harm with substantial special damages such as a loss of income, medical bills, and care needs. – Up to £1,000,000 +
- Total removal of 1 lung and/or serious heart damage. – £122,850 to £183,190.
- Lung disease in a young person where there is progressive worsening and premature death. – £122,850 to £165,860.
- Lung cancer in older persons, causing severe functional impairment. – £85,460 to £118,790.
- Lung disease causes significant and worsening lung function. – £66,890 to £85,460.
- Breathing difficulties requiring frequent inhaler use. – £38,210 to £66,920.
- Bronchitis and wheezing with little to no permanent effects. – £25,380 to £38,210.
- Slight breathlessness with no effect on working life. – £12,990 to £25,380.
What About Special Damages?
Special damages is the head of claim that can award you compensation for the financial impact of the unnecessary harm you endured due to the negligent lung cancer misdiagnosis. Lengthier and more aggressive treatment will result in more time off work, additional private medical bills, and other costs, which can soon add up.
This head also accounts for future losses and can cover the following out-of-pocket costs:
- Loss of earnings, both past and future (including bonuses and pension contributions).
- Medical expenses, including prescriptions, private healthcare, and therapy.
- Travel to and from hospital appointments and your chemotherapy sessions.
- Accessibility modifications to your vehicle or home.
- Care and domestic support from family members and professionals.
Proof of these losses will need to be submitted, so make sure you keep hold of your payslips, purchase receipts, travel tickets, and bills for care. Since the costs you can claim back will depend on your specific circumstances, it can be beneficial to have a chat with one of our advisors for a more personalised discussion of compensation.
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What Evidence Do You Need To Claim For Lung Cancer Misdiagnosis?
The evidence you will need to claim for lung cancer misdiagnosis should show how substandard care caused you avoidable harm, such as medical records and copies of relevant correspondence. Remember, you need to demonstrate that there was a breach in the standard of care, which caused you avoidable harm, in order to claim medical negligence compensation.
Potential evidence you could use to prove medical negligence can include:
- Your medical records showing the initial misdiagnosis, subsequent diagnosis, and the treatment you received. Scans, records from your chemotherapy, and notes from physical examinations can all be used.
- It’s also advisable to keep a diary during your treatment, paying particular attention to your symptoms and mental state.
- Members of your medical team, friends and family, or anyone else who saw the level of care you received could provide your solicitor with a witness statement. Make sure you hand over all relevant contact information to the solicitor so these individuals may be reached during the claim.
- Findings of the Bolam test, if applied.
The Bolam test involves a panel of medical experts from the relevant field assessing the care you’ve received. While not used in every case, it can be useful evidence if the test is applied in your claim.
We stress again that you must have proof that you suffered some form of unnecessary harm due to a breach of expected minimum standards in order to claim for lung cancer misdiagnosis. While you may be dissatisfied with your overall care, and you can follow your healthcare provider’s complaints procedure in this context, it would not be medical negligence if the correct standards were met.
For more information on how to prove your claim, as well as a free eligibility check, talk to our team today.
What Is The Time Limit For Making A Lung Cancer Misdiagnosis Claim?
The time limit for starting a lung cancer misdiagnosis claim is typically 3 years, per the Limitation Act 1980. This may be counted from different dates, as we examine here:
- First, the time limit can start from when you received the substandard care and will run for 3 years until it expires.
- Second, it is not always apparent right away what harm has been caused by poor care. In these instances, the time limit can be counted from the date of knowledge. This is where you would have been first reasonably expected to realise a breach of duty is what harmed you.
Now, in exceptional circumstances, an extension to the time limit will be granted. Children cannot claim on their own until they reach adulthood, so the 3 years will be counted from their 18th birthday. If someone does not have the mental capacity to claim for themselves, the time limit is paused completely. However, if capacity is restored, then the standard 3 years would apply from the recovery date.
In these situations, a litigation friend may be appointed to pursue compensation while time limits are suspended. There are strict suitability requirements, and all litigation friends must act in the best interests of the person they are representing.
To learn more about claiming on behalf of another person, or to check if any exceptions are applicable in your particular case, talk to our team of advisors today.
How No Win No Fee Agreements Work In Lung Cancer Misdiagnosis Claims
No Win No Fee agreements work in lung cancer misdiagnosis claims by enabling individuals to start pursuing compensation without paying their solicitors an upfront service fee for their work. Our expert solicitors have handled claims for lung cancer misdiagnosis with a particular No Win No Fee contract called a Conditional Fee Agreement (CFA).
Claiming with a CFA means:
- No service fees at the start of the claim.
- There will also be no solicitor service fees during the actual claims process.
- Lastly, should the claim fail, there will be no service fee to pay.
A success fee is taken from your compensation by the solicitor if you win the claim. This fee is charged as a percentage that is capped by The Conditional Fee Agreements Order 2013. Therefore, most of the compensation will be yours to keep.
Why Choose Advice For Your Lung Cancer Misdiagnosis Claim?
Advice’s expert solicitors can support your lung cancer misdiagnosis claim from start to finish by providing a service built around your specific needs. They have proven track records of success, with some individual careers spanning decades.
Year after year of satisfied clients has taught them that no two claimants, or claims, are ever quite the same. Every instance of medical negligence needs to be considered on its own, and the claimant’s individual needs accommodated.
To that end, here’s a list of just some of the services Advice provides:
- Making sure you receive the necessary medical care, rehabilitation, and other treatment for the harm you endured.
- Corresponding with the defendant’s representatives and keeping you informed of the claim’s progress.
- Helping you to understand exactly what is happening with your claim and explaining all the technical language.
- Assisting you with gathering evidence.
- Determining a potential compensation figure and negotiating with expertise to secure a fair settlement.
Contact Our Advisors About Making A Lung Cancer Misdiagnosis Claim
We fully appreciate that there’s a lot of information here, and you likely have questions, so please contact our advisors about making a lung cancer misdiagnosis claim. For additional guidance or a free eligibility consultation, have a chat today using the contact information given here:
- Calling 0161 509 2856.
- You can also contact us online by completing this form.
- Or, open the live chat on your screen now.
Frequently Asked Questions
Answers to frequently asked questions about lung cancer misdiagnosis are included below.
Can Lung Cancer Be Mistaken For A Chest Infection Or Pneumonia?
Lung cancer can be mistaken for a chest infection or pneumonia, as a persistent cough, aches and pains, and a hoarse voice can also be signs of other infections.
Is A Delayed Referral For A Lung X-Ray Or CT Scan Considered Negligence?
A delayed referral for a lung X-ray or CT scan may be considered negligence if it can be demonstrated that it resulted from substandard care, causing a patient to suffer unnecessarily.
What Should I Do If I Think My GP Ignored My Lung Cancer Symptoms?
If you think your GP ignored your lung cancer symptoms, you can request a second opinion with a different doctor at the same practice, or a new clinic altogether. A private consultation could also be arranged, though you would have to pay for it.
Can A Private Hospital Be Sued For Lung Cancer Misdiagnosis?
Yes, a private hospital can be sued for lung cancer misdiagnosis, provided that you were avoidably harmed because of inadequate care. All medical professionals across both public and private healthcare settings owe their patients the same duty of care.
Can I Claim If A Radiologist Missed A Tumour On My X-Ray Or CT Scan?
Yes, if a radiologist missed a tumour on your X-ray or CT scan because of substandard care, you can claim compensation for the unnecessary harm this caused you.
Can Smokers Still Claim For Lung Cancer Misdiagnosis?
Smokers can still claim for lung cancer misdiagnosis if the harm they suffered was avoidable and the result of poor care. Whether you smoke or not, medical professionals should still provide you with the correct standard of care.
How Long Do Lung Cancer Misdiagnosis Claims Usually Take?
Lung cancer misdiagnosis claims can have varying timelines, depending on whether the healthcare provider admits liability straight away and how readily available the evidence is.
Will A Compensation Claim Affect My Ongoing Cancer Treatment?
No, a compensation claim will not affect your ongoing cancer treatment because the process is separate from your medical care. You can, however, request a different doctor or be moved to a new hospital if this would make you more comfortable.
More Information
More of our medical negligence claims guides can be found here:
- Find out more about claiming if your cancer was misdiagnosed as rheumatoid arthritis here.
- Learn how to claim for medical drug errors that cause you avoidable harm.
- Read our guide to delayed diagnosis claims and find out when compensation could be sought.
- Find out more about pancreatic cancer misdiagnosis claims.
These additional resources provide further information that might be of some help to you:
- Read the standards for good medical practice from the General Medical Council.
- Learn more about the treatment for lung cancer from Cancer Research UK.
- Find out how the Care Quality Commission does its work on its website.
We’d like to thank you for taking the time to read our guide to making a lung cancer misdiagnosis claim.
