This guide seeks to answer the question, ”A GP missed my cancer symptoms, can I claim for medical negligence?”.
In this guide, we’ll explain when you could be compensated if a delayed cancer diagnosis occurred because your GP breached their duty of care while treating you. We’ll look at the eligibility criteria that apply in a medical negligence claim and how a doctor’s negligent actions could lead to them missing the signs of cancer.
Additionally, we’ll review how compensation is calculated in cancer misdiagnosis claims and how you could strengthen your case by supplying supporting evidence.
Finally, we’ll show how using a No Win No Fee clinical negligence solicitor from our panel could benefit you if your claim is valid.
As part of our free initial consultation, we are happy to offer no-obligation advice about your cancer misdiagnosis claim. To arrange your free consultation, you can:
- Speak to an advisor by calling 0161 696 9685.
- Use our live chat service.
- Contact us by completing our online form.
To learn more about how to claim for medical negligence after a cancer misdiagnosis, please read on. If you have any questions along the way, please give us a call.
Select A Section
- Can I Claim If A GP Missed My Cancer Symptoms?
- How Could A GP’s Actions Lead To A Misdiagnosis Claim?
- Potential Compensation For A Late Cancer Diagnosis Claim
- What Evidence Could I Use In A Cancer Misdiagnosis Claim?
- Could I Use Medical Negligence Solicitors To Make A No Win No Fee Claim?
- Read More About How To Claim If A GP Missed Your Cancer Symptoms
The symptoms of cancer can be very similar to those presented by other conditions. This can make a GP’s job very difficult, but there are various follow-up tests and procedures available if they suspect cancer is the cause of your symptoms.
All medical professionals owe their patients a duty of care, this means they must provide a service of reasonable skill and care. If a doctor suspected cancer symptoms were present in a patient, then their top priority should be to refer them for testing.
However, if you have been diagnosed with cancer that your GP missed, you could be entitled to make a medical misdiagnosis claim. To have a valid claim, you must prove that:
- A medical professional such as a GP owed you a duty of care at the time of your treatment.
- That duty of care was breached by the doctor; and
- As a consequence of the breach, you suffered some form of avoidable harm.
There are many ways that a late diagnosis could lead you to suffer. All forms of cancer, such as bowel cancer, breast cancer, lung cancer or other types of cancers, need to be diagnosed in the early stages to achieve a more positive prognosis. A late diagnosis of cancer can mean more invasive treatment, and it can spread to other parts of the body.
So, to answer the question, “Can I claim if a GP missed my cancer symptoms?”, the answer is it depends on whether they missed your symptoms because they acted negligently and whether this breach of their duty caused you harm that you would not have otherwise suffered.
We can help you to work out if you have a valid claim after a GP missed your cancer. Therefore, please get in touch by calling the number above for a free initial consultation on claiming for a delayed cancer diagnosis.
It is important to point out that a missed cancer diagnosis does not always result from clinical negligence. That’s one of the reasons you may wish to seek legal advice before pursuing cancer misdiagnosis claims.
Some examples of how a cancer diagnosis could be missed include:
- Your GP failed to notice the symptoms of prostate cancer and therefore failed to refer you for diagnostic tests within two weeks.
- The GP diagnosed migraines even though you were showing symptoms of something more serious, which led to a brain cancer misdiagnosis.
- You had various tests that came back and indicated possible bowel cancer, but your GP failed to follow up on these even though you should have been urgently referred, causing a bowel cancer missed diagnosis.
- You suffered a delayed lung cancer diagnosis because the GP mixed you up with another patient. This negligent action led to a wrong diagnosis.
If you would like us to review whether you have a valid basis for making a claim because a GP delayed your diagnosis, call our team for free advice today.
After asking the question, “Can I claim compensation if a GP missed my cancer symptoms?”, many claimants then enquire about the level of compensation they could be entitled to.
Generally, no two misdiagnosis negligence claims are the same, so it’s not easy to value your claim until it’s been assessed properly.
Successful compensation claims will be awarded a settlement, and payouts will involve a head of loss known as general damages. This considers any physical or mental pain and suffering caused by the negligent treatment.
The Judicial College Guidelines (JCG), which provide amount brackets for different types of injuries, may also be consulted.
Our compensation table, below, includes figures from the JCG that relate to some examples of suffering that could be linked to a cancer misdiagnosis. However, you should consider that these amounts are not guaranteed and settlements can vary drastically. The table is for guidance only and the top entry has not come from the JCG.
|Very Severe Multiple Harm Plus Special Damages
|Up to £1,000,000+
|Multiple harm caused that is very serious plus financial losses and costs such as lost earning, home adaptations, and care costs.
|Very Severe Brain Injury
|£282,010 to £403,990
|Any settlement awarded in this bracket will be based on many factors such as physical limitaton; life expectany; sensory impairment; any behavioural problems; degree of insight; and the ability to communicate.
|Moderate Brain Injury (ii)
|£90,720 to £150,110
|Where the ability to work is removed (or reduced), there is some risk of epilepsy and there is a modest to moderate intellectual deficit.
|Lung Disease (a)
|£100,670 to £135,920
|A worsening condition that causes a young person serious disability. Also, a premature death is probable.
|Lung Disease (b)
|£70,030 to £97,330
|Typically affecting an older person, this bracket cover severe impairment and pain as a result of lung cancer.
|£51,710 to £76,190
|Covers bladder cancer in a middle-aged family woman or man whose life expectancy reduces by 15 to 20 years.
|Up to £150,110
|Total loss of natural function and dependence on colostomy, depending on age.
|Impaired Taste and Smell (a)
|Where the claimant has suffers a complete loss of taste and smell.
|Loss of Spleen
|£20,800 to £26,290
|As a result of the lost spleen, there will be a continuing risk of internal disorders and infection due to the damage to the immune system.
Claiming Financial Losses After A GP Missed A Diagnosis
A second head of loss called special damages could also make up part of any settlement you receive. Special damages is compensation to cover any costs or financial losses linked to your avoidable suffering.
Therefore, if you are compensated because your GP missed your cancer symptoms, it could cover:
- The cost of adapting your home if the changes will help you to cope with your symptoms.
- Lost earnings (both present and future).
- The cost of care or support at home.
- Travel costs.
If you’d like to ask us, “How much compensation could I receive because my GP missed my cancer symptoms?”, please call the number above today.
Whether you’re making a claim against the NHS or a private healthcare provider, you will need to show evidence to substantiate the fact that you are claiming that a medical professional breached their duty of care and this caused harm that was otherwise avoidable.
This might include:
- A diary about how your symptoms have affected your ability to work. Also, you could keep records about any of your usual activities or family duties you’ve missed.
- Copies of your medical records from your GP and the hospital that treated your cancer symptoms.
- Witness contact details if statements are needed from your friends and relatives to help confirm how your cancer has affected you.
If you work with a solicitor from our panel, they may help you to gather supporting evidence as part of their service.
To find out if you could make a GP negligence claim, call our advisors and through a free consultation, they will be able to inform you if you have valid grounds to seek compensation.
We hope this guide has answered the question, “Can I claim compensation if my GP missed my cancer symptoms?”. Please keep in mind that cancer misdiagnosis claims are subject to a time limit. Time limits mean you have a certain amount of time to initiate legal proceedings.
With that in mind, why not call our advisors for a free case check, if you have a valid claim, they could connect you with one of the No Win No Fee solicitors for medical negligence on our panel.
If your claim is taken on, your solicitor will manage the claims process on your behalf. This could include:
- Gathering evidence such as medical reports or witness statements.
- Liaising with the defendant on your behalf.
- Providing regular updates so you know how the claim is progressing.
- Trying to secure an appropriate settlement.
Our panel of No Win No Fee claim solicitors work under a specific type of contract. It is called a Conditional Fee Agreement (CFA) and it means:
- Your solicitor won’t ask for payment upfront to cover their services.
- You also don’t pay for your solicitor’s work while your claim progresses or if it is lost.
- If you are compensated, a success fee will be deducted from your settlement. The percentage of your compensation that is taken as a success fee is capped legally.
If you’d like us to assess whether you could make a No Win No Fee cancer misdiagnosis claim, you can:
- Call us on 0161 696 9685.
- Contact us online so that we can call you back.
- Use our live chat service.
Here are some more of our guides about misdiagnosis negligence claims:
- A guide to claiming for the misdiagnosis of head and neck cancer.
- Information on when a testicular cancer misdiagnosis may lead to a claim.
- Find out when a claim is eligible for a misdiagnosis of oesophageal cancer.
- How you can claim when your cancer has been misdiagnosed as rheumatoid arthritis.
- Here you can read about when you could claim for misdiagnosis of leukaemia.
Finally, here are some external links that might prove useful:
- An online guide about coping with cancer from Cancer Research UK.
- Details of the signs and symptoms of different cancers from the NHS.
- The government’s 10-year cancer plan for England.
Thanks for reading our guide to claiming if a GP missed your cancer symptoms. If you have any other medical negligence claim questions, please don’t hesitate to contact our team.