By Jo Greenwood. Last Updated 17th July 2023. In this guide, we will discuss when you could be eligible to claim compensation for the misdiagnosis of leukaemia.
We will discuss the criteria that must be met in order to make a medical negligence claim.
Additionally, we will discuss the steps that you can take to seek compensation, such as gathering evidence and seeking legal representation.
Furthermore, we will look at the benefits of working with a medical negligence solicitor on a No Win No Fee basis when claiming for a leukaemia misdiagnosis.
For more information relating to the medical negligence claims process, please get in touch with an advisor. They can provide free legal advice 24/7. To get in touch, you can use the following details.
- Telephone: 0161 696 9685
- Live Chat: Speak with an advisor via the function below
- Online form: Fill in the contact form.
Browse Our Guide
- When Could You Claim For Misdiagnosis Of Leukaemia?
- Examples Of How The Misdiagnosis Of Leukaemia Could Occur
- Helpful Evidence When Claiming For Medical Negligence
- Estimating Potential Payouts For The Misdiagnosis Of Leukaemia
- Medical Negligence Claims With A No Win No Fee Solicitor
- Further Guidance On Cancer Misdiagnosis Claims
Medical professionals owe their patients a duty of care. As such, they must provide the correct standard of care.
A failure to uphold this duty of care could lead to a patient sustaining avoidable or unnecessary harm. This is classed as medical negligence, for which you could be eligible to seek compensation.
In the case of a leukaemia misdiagnosis, a person could be impacted in several ways. For example, the condition could worsen due to delayed treatment resulting from an incorrect diagnosis. This could mean the cancer spreads to other organs, such as the brain, spleen and testicles. Additionally, the person could be given incorrect treatment for a condition they do not have.
To find out whether you could be eligible to seek compensation for the impact a medical misdiagnosis has had on you, please get in touch with our team on the number above.
How Long After The Misdiagnosis Of Leukaemia Could You Claim?
There are time limits that apply to medical negligence claims. The Limitation Act 1980 states that you generally have three years to start a claim from the date of medical negligence occurred or the date you became aware that a medical professional’s breach of duty caused you avoidable harm.
There are exceptions to this time limit. For more information on whether they apply to your specific circumstances, please get in touch using the number above.
There are various ways in which the misdiagnosis of leukaemia could occur. For example:
- A doctor failed to refer you for further tests despite the symptoms you exhibited making it necessary to do so. As a result, they incorrectly diagnose you with a different condition.
- A doctor sends you for blood tests as you have exhibited clear symptoms of leukaemia. The blood tests indicate further signs of the disease but no further investigation is carried out. As a result, you are left without a diagnosis or treatment leading to your condition worsening.
Not all instances of a misdiagnosis will form the basis of a valid claim. You must demonstrate that medical negligence has occurred. You can do this by collecting evidence to support your claim.
We have provided further guidance on the evidence you can collect in the section below. Read on to learn more. Alternatively, get in touch with our team for more information.
As part of the medical negligence claims process, you should gather evidence to prove medical negligence occurred. This can include:
- Medical evidence – You could request a copy of a doctor report, hospital report and test results as evidence to support your claim.
- Witness contact details – A statement could be taken at a later date.
- A diary recording symptoms – It can be useful to document the symptoms you’ve suffered and how they’ve affected you.
You may also be invited to attend an independent medical assessment which can produce a report on the extent of the harm you have sustained and your future prognosis. This can also be used to support your case.
Additionally, the Bolam test may also be carried out to determine whether the correct standard of care was provided. This is conducted by a group of relevantly trained medical professionals. The findings from their assessment can also be used as evidence for your claim.
For more information on how you can strengthen your claim for the misdiagnosis of leukaemia, get in touch using the number above.
Each case where someone claims for the impact of a misdiagnosis of leukaemia is different. Therefore, no two compensation payouts are precisely the same.
Generally, though, the settlement awarded following a successful claim could consist of general damages and special damages.
The emotional pain and physical suffering you have experienced due to medical negligence is compensated for under general damages.
A solicitor could look to the Judicial College Guidelines (JCG) for help with calculating the general damages portion of claims. This publication provides guideline compensation awards which we have included in the table below.
Please note, however, these are only guidelines.
|Type of Harm||Notes||Guideline Compensation Amount|
|Brain Damage||(a) Very Severe - The person will need full time care.||£282,010 to £403,990|
|Brain Damage||(b) Moderately Severe - The person will have a very serious disability which might either be physical or cognitive.||£219,070 to £282,010|
|Male Reproductive System||(f) This bracket includes cases where there is some psychological affect but no loss of sexual function or impotence after an orchidectomy. This is a surgical procedure carried out to remove the testicles.||£20,070 to £22,580
|Spleen||(a) The spleen is lost and there is an ongoing risk of internal infections as well as disorders because of a damaged immune system.||£20,800 to £26,290
|Spleen||(b) The risks in the bracket above are not present or are minimal in cases included in this bracket.||£4,350 to £8,640
Special Damages Awards
A medical negligence compensation payout could also include special damages which compensates for the financial losses caused by medical negligence. Examples of the losses you could claim back include:
- Medical expenses
- Travel costs
- Care costs
- Loss of earnings
For more information on the compensation you could be awarded after a successful claim for the misdiagnosis of leukaemia, get in touch on the number above.
If you are eligible to claim for a leukaemia misdiagnosis, you may wish to get a solicitor to work on your claim for you. A solicitor could help gather sufficient evidence to support your claim. Furthermore, they could negotiate a compensation settlement for you.
All of the solicitors on our panel handle claims under a No Win No Fee arrangement. What this means is that you would not pay for their work if your claim fails.
Under an arrangement such as a Conditional Fee Agreement (CFA), a solicitor from our panel would take a small percentage of your payout as a success fee if the claim is successful. If it is not successful, you would not typically pay the solicitor for their work on your leukaemia compensation claim.
To learn whether a solicitor from our panel could assist you under a CFA, or ask questions about the claims process, please don’t hesitate to contact an advisor.
- Call: 0161 696 9685
- Live Chat with an advisor
- Or, fill in the contact form
Below, we have provided more guides relating to medical negligence claims:
- Medical negligence and wrongful death compensation
- GP negligence claim
- Blood transfusion negligence claim
Additionally, we have provided further external resources that you might find beneficial:
- NHS Constitution For England – Government guide
- Good medical practice – General Medical Council
- Leukaemia statistics – Cancer Research UK
For more information on when you could make a claim for the misdiagnosis of leukaemia please get in touch using the number at the top of the page.