If you’ve suffered harm due to a misdiagnosis of multiple myeloma, it could be possible to seek compensation. In this guide, we’ll explore the eligibility criteria to make a medical negligence claim, what that process involves, and the potential payouts you could receive.
If making a claim for a medical misdiagnosis is something you would like to explore, we can help. We offer a free case check when you contact our advice line and we impose no obligation to proceed with a claim.
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- What Is Myeloma And How Could It Be Misdiagnosed?
- When Could You Claim For The Misdiagnosis Of Multiple Myeloma?
- How Long Do I Have To Make A Medical Misdiagnosis Claim?
- Potential Payouts For The Misdiagnosis Of Multiple Myeloma
- See If You Can Make A Medical Negligence Claim On A No Win No Fee Basis
- Get Advice On Claiming For Misdiagnosis Of Multiple Myeloma
Myeloma, otherwise known as multiple myeloma, is a form of bone marrow cancer. Bone marrow is the part of the body that produces blood cells and is found in the centre of some bones.
So why is it called multiple myeloma? This type of cancer affects many areas of the body, such as the spine, ribs, pelvis and skull.
Symptoms can come in the form of persistent bone pain, anaemia (which causes tiredness and fatigue), weight loss, dizziness or headaches, or a weakening of the bones that may lead to fractures.
It’s possible to treat myeloma, but most cases can’t be cured. Treatment, therefore, aims to control the condition, such as using anti-myeloma medicines that destroy cancerous cells or manage the symptoms the condition causes.
How Could Myeloma Be Misdiagnosed?
Myeloma is a condition that requires testing and scans for a diagnosis. Given that symptoms can include pains, aches, dizziness and headaches, it is possible to be misdiagnosed as an innocuous condition. This could, for example, see a GP fail to refer you to a hospital for more rigorous testing.
A failure to refer on the part of a GP could lead to that person suffering unnecessarily, as well as the condition potentially worsening.
If a referral is made, MRI and CAT scans will likely be conducted, as well as a bone marrow biopsy.
A misdiagnosis could also occur during the analysis of these results. For example, a healthcare professional could interpret them in the wrong way. After all, the symptoms of multiple myeloma are similar to other blood disorders, like heavy chain disease and plasma cell leukaemia.
In order to make a medical negligence compensation claim for the misdiagnosis of multiple myeloma, it’s important to meet a set of criteria. They are:
- That you were owed a duty of care by the healthcare professionals treating you
- That duty of care was breached
- And as a result of that breach, you suffered harm
The first point is usually easy to prove—all healthcare professionals owe their patients a duty to provide a good standard of care and to avoid causing unnecessary harm.
The difficult part, in which you may require the help of a solicitor, is proving a breach in the duty of care. When claiming compensation for medical negligence, it’s necessary to prove that another healthcare professional in the same situation would have acted differently if caring for you.
In the case of a myeloma misdiagnosis, this could come in the form of a GP failing to refer a patient who’d presented with symptoms. If it can be shown that other doctors in that situation would have made the referral, then the actions of that GP could be deemed negligent.
In relation to the final point, you must also show that because of the misdiagnosis, you suffered harm. So if your condition deteriorated because of the delayed treatment and you suffered more than if you’d have had treatment sooner, you could satisfy this final point.
We can check your eligibility to claim over the phone if you’d like more guidance. A quick chat can tell us what we need to know. And if we feel you have a good case, we can connect you with our panel of specialist medical negligence solicitors that same day. Simply call the number at the top of this page to learn more.
There is another requirement when it comes to making a medical misdiagnosis claim and that is taking action within the statutory time limit.
All medical negligence claims have a narrow window in which they can be started. This is usually 3 years from the date of the incident.
However, in some cases, the date of the alleged negligence isn’t clear. Symptoms may not present right away and the connection between them and the actions or inactions of a healthcare professional may not be made. You could therefore argue that the time limit for your case should run from the date you obtained knowledge that you were suffering from a condition that you suspected was at least in part down to medical negligence.
If the misdiagnosis of multiple myeloma involved a child under the age of 18 the rules are also a little different. The time limit for them is frozen until they turn 18. It then runs until their 21st birthday. It’s possible for action to be taken before this time, however. A parent, guardian or another trusted representative could be appointed a litigation friend who can make the claim on their behalf.
If making a claim for the misdiagnosis of multiple myeloma, you may want to know about potential compensation payouts.
It’s important to remember that each case is unique and payouts can differ. We recommend contacting us at the number above for advice specific to your case. Knowing the details of the misdiagnosis and how it affected you allows us to provide more tailored support.
That said, the figures you can see in the table below will provide a useful guideline:
|Injury Type||Notes On The Injury||Potential Compensation Award|
|Brain Damage - Very Severe||An injury of this nature will likely leave the person requiring full-time care. There may be little mobility and little cognitive function||£282,010 to £403,990|
|Brain Damage - Moderately Severe||An injury this severe will likely require round-the-clock care, though there may still be some cognitive function||£219,070 to £282,010|
|Back Injuries- Severe (iii)||Fractures of discs or of vertebral bodies causing chronic conditions.||£38,780 to £69,730|
|Rib Fractures||Those suffering from multiple myeloma may experience fractures to bones. Rib fractures that cause pain and discomfort fall under this bracket.||Up to £3,950|
|Fractures Of The Forearm||This level of award relates to simple fractures of the forearm.||£6,610 to £19,200|
|Leg - Severe (iii)||Serious compound or comminuted fractures causing extensive scarring.||£39,200 to £54,830|
The compensation brackets detailed in the table above come from the guidelines of the Judicial College. It’s a publication used by those in the legal system to help value claims.
It’s also possible to claim another form of compensation in addition to the above. This ‘head of claim’, as it’s known, is called special damages. It covers any financial losses you may have experienced as a result of the negligence. It can include the likes of:
- Wages lost through taking time off work for appointments or treatment
- Medication costs, either prescription drugs or over-the-counter ones
- Travel costs if you’ve had to visit multiple hospitals or treatment centres
- Care costs if you’ve had to rely on the help and support of others
For more advice on what else you can include within a medical misdiagnosis compensation payout, please don’t hesitate to get in touch at the number above.
To make a medical negligence claim, you can instruct a solicitor who works on a No Win No Fee basis.
The phrase ‘No Win No Fee’ is one you may have heard before. It means that if your solicitor doesn’t achieve a successful outcome in your case, you don’t need to pay their fees.
You also don’t have to pay anything to begin the claim and nothing as it moves forward.
Only if the claim is successful will you pay a fee. And this comes from the compensation awarded to you in the form of a percentage deduction. This percentage is capped by law at a low level to ensure you take home the bulk of your payout.
If you’d like to learn if a No Win No Fee medical negligence solicitor could support you, get in touch today. We can connect you with our panel of specialists who could get to work on your case the same day.
If you’d like to learn more about claiming for the misdiagnosis of multiple myeloma, we can help. Our free advice line is open 24 hours a day, 7 days per week.
We offer a free case check to everyone who calls. We’ll quickly tell you if you have a strong medical negligence claim and how much compensation you could be entitled to.
And if you wanted to proceed with a claim, we can connect you with a medical negligence solicitor from our panel who specialises in misdiagnosis cases.
All you need to do is:
- Call us on 0161 696 9685
- Speak with us now via our live chat box
- Or write to us via our contact page
Find Out More About Myeloma Misdiagnosis Claims
Below, you can find out more about myeloma, misdiagnosis claims and medical negligence:
- How to claim compensation if your cancer was misdiagnosed as rheumatoid arthritis
- See if you can claim for a misdiagnosed stroke
- Can I claim if my doctor didn’t send me for a mammogram assessment?
- Learn how to complain to the NHS here
- Here’s a resource on the rates of wrong diagnosis within the NHS
- Learn more about myeloma in this guide by Cancer Research UK