Misdiagnosis Of Testicular Cancer Medical Negligence Claims Guide
By Lewis Lennon. Last updated 17th July 2023. To be eligible to make a medical negligence claim following a misdiagnosis of testicular cancer, you would need to satisfy certain criteria. When a medical professional agrees to treat a patient, they automatically then owe them a duty of care. Should this duty of care be breached, causing harm that was avoidable, this amounts to negligence. This negligence forms the basis of a medical negligence claim.
Within this guide, we will discuss the duty of care that medical practitioners owe you as their patient. Additionally, we will explain how long you have to start your medical negligence claim. Furthermore, we will provide examples of the evidence you could collect to help support your claim and provide compensation guidelines for negligence.
You can contact our advisors to discuss your potential claim further and receive free legal advice. Our team is available to answer your questions 24/7.
Connect with one of our advisors by:
- Calling on 0161 696 9685
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Browse Our Guide
- Could I Claim For The Misdiagnosis Of Testicular Cancer?
- Causes Of Testicular Cancer Misdiagnosis
- What Is Required To Prove Clinical Negligence?
- How Much Could My Medical Misdiagnosis Claim Be Worth?
- No Win No Fee Misdiagnosis Of Testicular Cancer Claims
- Learn More About Medical Negligence Claims
Could I Claim For The Misdiagnosis Of Testicular Cancer?
Testicular cancer is one of the least common cancers and usually affects men between the ages of 15 and 49. Common symptoms of testicular cancer include:
- Painless swelling.
- A lump in one of the testicles.
- And a change in the texture/shape of the testicles.
If your testicular cancer were left undiagnosed, your condition and symptoms could worsen, and it could spread to other parts of your body. Not all cases of cancer misdiagnosis will mean a medical negligence claim is eligible.
To make a valid medical negligence claim, it must first be proven that the duty of care owed to you by a medical professional was breached. For example, they deviated from professional standards, which means your condition was misdiagnosed. It must also be shown that this substandard care caused harm that was avoidable. This is classed as medical negligence.
All healthcare professionals in the private and public sectors owe you a duty of care when treating you. They must ensure that you receive the correct standard of care as their patient. If they were to breach this duty, you could suffer unnecessary harm.
What Is The Time Limit On Clinical Negligence Claims?
You may be wondering how long you have to claim for a testicular cancer misdiagnosis. There is a time limit in place for medical negligence claims. Usually, you’ll have three years from the date of the misdiagnosis, or three years from when you realised that the harm you experienced was caused by medical negligence. The time limit is set out in the Limitation Act 1980.
However, there are exceptions to the medical negligence claim time limit. For example:
- If a minor under the age of 18 is claiming, the three-year time limit is paused. It begins on their 18th birthday, provided no claim has already been made for them.
- If a person does not have the mental capacity to claim for themselves, the limitation period is frozen indefinitely. If the person recovers their mental capacity, it will restart from the recovery date, provided no claim has already been made on their behalf.
In both of these instances, a court-appointed litigation friend could start a claim on the person’s behalf while the time limit is paused.
Our advisors can answer questions about the limitations that apply to testicular cancer misdiagnosis claims at any time. They can also give you free advice on how to claim. So why not get in touch on the number above.
Causes Of Testicular Cancer Misdiagnosis
There are various ways you could receive a misdiagnosis of testicular cancer. To hold a valid medical negligence claim, the misdiagnosis will need to be the result of a practitioner breaching their duty of care. Additionally, this breach of duty will need to have caused harm that would not have otherwise been experienced. Some of the ways that you could be misdiagnosed include:
- GP negligence could lead to your misdiagnosis. For example, if they fail to perform a physical examination after describing your symptoms (such as swelling and a lump in your testicle), this could result in your testicular cancer being misdiagnosed.
- A doctor incorrectly labels your blood test sample with someone else’s, causing you to receive a misdiagnosis.
- Your ultrasound was performed incorrectly.
Not all cases of medical misdiagnosis could be the result of negligence. If a medical practitioner took all the necessary procedures and your testicular cancer was still misdiagnosed, you may not be eligible to claim compensation.
Contact one of our advisors today if your cancer was misdiagnosed. They could inform you whether you could be eligible to make a claim.
What Is Required To Prove Clinical Negligence?
To increase your chances of a successful medical negligence compensation claim for the misdiagnosis of your testicular cancer, you will need to provide as much sufficient evidence as possible. Some examples of evidence you could collect include:
- Test results (e.g. blood test results).
- Correspondence with your healthcare practitioner following a medical assessment.
- A letter confirming your diagnosis.
- Scans, such as an ultrasound.
- Medical records
Additionally, if findings from the Bolam test prove that the standard of care you received was below expected, this can be used as evidence in support of your claim. The Bolam test consists of a panel of medical professionals trained in a relevant field assessing whether you received the correct standard of care
Contact our advisors today if you are still unsure how to prove medical negligence in a compensation claim. Furthermore, they could put you in contact with a solicitor from our panel who could help you with gathering evidence.
How Much Could My Medical Misdiagnosis Claim Be Worth?
Following a successful medical negligence claim for the misdiagnosis of testicular cancer, your compensation settlement will include general damages. This compensates you for the harm you have endured due to medical negligence.
Using the compensation guidelines in the 16th edition of the Judicial College Guidelines (JCG), we have produced the table below. The JCG is a document that sets out compensation values for different injuries. Various legal professionals, such as solicitors, will use this document to help them value claims.
However, it is important to remember that compensation is awarded on a case-by-case basis, with the specific factors of your claim affecting how much you receive. Therefore, you should only use the following table as a guide.
| Injury | Description | Compensation Guidelines |
|---|---|---|
| Brain Damage (c) Moderate (i) | There is no prospect of employment due to the person suffering with a moderate/severe intellectual deficit and a serious risk of epilepsy. | £150,110 to £219,070 |
| Brain Damage (c) Moderate (ii) | A slight risk of epilepsy with a moderate/modest intellectual deficit. The ability to work is also greatly reduced. | £90,720 to £150,110 |
| Reproductive System: Male (a) | The reproductive organs are completely lost. | In excess of £153,870 |
| Reproductive System: Male (f) | Cases of orchidectomy with some psychological consequences.However, there will be no sexual dysfunction or impotence. | £20,070 to £22,580 |
| Lung Disease (a) | Applicable to cases where a young person suffers with a serious disability where there is a significant risk of the condition worsening and of premature death. | £100,670 to £135,920 |
| Psychiatric Damage Generally (b) Moderately Severe | Despite having an optimistic prognosis, the person will still significantly suffer to cope with daily social/working life, among other factors. | £19,070 to £54,830 |
Special Damages In Cases Involving The Misdiagnosis Of Testicular Cancer
The financial losses you have suffered due to the misdiagnosis of your testicular cancer may also be compensated in your claim with special damages. However, you will need to prove that they were a direct result of the harm you suffered due to medical negligence. Under special damages, you could claim for:
- A loss of earnings.
- Medical expenses.
- Travel costs.
- Care costs.
You will need to provide evidence of these financial losses to be able to claim them back. Payslips, receipts and bank statements could all be used as evidence in your claim.
Contact our advisors today to find out whether you may qualify for compensation.
No Win No Fee Misdiagnosis Of Testicular Cancer Claims
Before starting your claim for the misdiagnosis of testicular cancer, you may want to consider legal representation. Our panel of solicitors have a vast amount of knowledge and experience handling numerous medical negligence claims. They could help you collect evidence to support your case and offer you a Conditional Fee Agreement (CFA) (a kind of No Win No Fee agreement).
When working with a solicitor under this type of agreement, you won’t be expected to pay the solicitor you are working with any upfront or ongoing fees for their services
Additionally, you are also not expected to pay for their services if the claim is unsuccessful. However, you will pay them a success fee if they succeed with the claim. The success fee is taken from your compensation, and the percentage they can take is capped by law.
Get in touch with our advisors today if you have questions about using a No Win No Fee agreement. They could also answer any additional questions you may have about making a medical negligence claim.
Speak To Us Today
If you still have any further questions about making a medical negligence claim for the misdiagnosis of testicular cancer, contact our advisors today. Our friendly team is here to help you 24 hours a day, 7 days a week. They could offer you free legal advice regarding your potential claim and answer your questions. Furthermore, they could connect you with a knowledgeable solicitor from our panel who could help you with your claim.
Connect with one of our advisors by:
- Calling on 0161 696 9685
- Using the live chat pop-up to talk with an advisor.
- Or you can contact us online.
Learn More About Medical Negligence Claims
More guides by us about medical negligence claims:
- How much compensation for dental negligence can I claim?
- Wrist fracture missed – when could you claim compensation?
- Medical negligence and sepsis misdiagnosis – can you claim?
Further resources can be found:
- Cancer Research UK – Types of Testicular Cancer.
- Macmillan – Testicular Cancer.
Contact our advisors today if you have received a misdiagnosis of your testicular cancer to see whether you could make a claim.