A Guide To Claiming For The Misdiagnosis Of Head And Neck Cancer
A misdiagnosis of head and neck cancer by a medical professional can be harmful and put your health at risk. If you were affected in such a way, because you were provided with substandard care, then you may be eligible to make a claim for compensation.
This is a guide to head and neck cancer misdiagnosis claims. Our guide will begin by looking at the responsibilities placed on medical professionals and how they can be in breach of them. We will then look at the medical negligence claim eligibility criteria and provide you with resources to help you better understand the claims process.
We have trained advisers that you can reach out to at any point for a direct one-to-one conversation. You can contact them by:
- Phone on 0161 696 9685
- Using the live chat feature
- Using our contact us page
Browse Our Guide
- When Are You Eligible To Claim For The Misdiagnosis Of Head And Neck Cancer?
- How Could Medical Negligence Lead To Head And Neck Cancer Misdiagnosis?
- What Evidence Could Support Your Cancer Misdiagnosis Claim?
- Estimated Payouts For The Misdiagnosis Of Head And Neck Cancer
- Why Contact Us For No Win No Fee Medical Negligence Claims Advice?
- Learn More About Medical Negligence Claims
When Are You Eligible To Claim For The Misdiagnosis Of Head And Neck Cancer?
Medical negligence occurs when:
- A medical professional owes a patient a duty of care
- The professional breaches this duty
- A patient suffers from avoidable harm because of this breach
The duty of care placed on medical professionals is a responsibility to provide patients with the correct level of care.
If you suffer from avoidable harm because you do not receive the correct standard of care from a practitioner, then they may be liable for the harm you have suffered. Therefore you could claim compensation for how you were affected mentally, physically and financially by their negligence.
Please reach out to a member of our team if you received a negligent misdiagnosis for head and neck cancer. Our advisers can both evaluate your claim and provide you with free advice regarding medical negligence.
Limitation Periods To Claim For The Misdiagnosis Of Head And Neck Cancer
There is a time limit for medical negligence claims. As per the Limitations Act 1980, you must start your claim within 3 years of the date of the negligence.
If you were unaware that negligence had occurred, you may be able to petition to have your date of knowledge used as the start of your three years to claim. This is the date on which you are made aware that an act of medical negligence has occurred.
A medical negligence claim involving a minor or a person deemed mentally incapable of representing themselves will have their time limit extended.
Our advisers can speak with you about the time limits or go into more detail about the time limit in place for minors and people who cannot start a claim for themselves.
How Could Medical Negligence Lead To Head And Neck Cancer Misdiagnosis?
A misdiagnosis for head and neck cancer could be caused by:
- A doctor’s failure to recognise a patient’s presented symptoms as being symptoms of cancer.
- Test results mixed up with another patient.
- A doctor fails to refer a patient to a specialist even though they are showing clear signs of possible cancer.
A misdiagnosis in itself is not always an act of negligence. You can reach out to a member of our advice team for a free personalised evaluation of whether you can make a medical negligence claim for the misdiagnosis of head and neck cancer.
What Evidence Could Support Your Cancer Misdiagnosis Claim?
Evidence plays an important role in compensation claims. If there is any evidence that can help you prove that medical negligence was the cause of your misdiagnosis, you should collect and maintain it. Additionally, you could document and collect evidence of the avoidable harm you have suffered.
The type of evidence you could present in a claim includes:
- Hospital records from your initial medical assessment
- A medical report of your illness
- Payslips that can show how your income has been affected
- Receipts of your spending towards your health
You can reach out to our advice team for a free evaluation and advice on the evidence you could collect to help your claim.
Estimated Payouts For The Misdiagnosis Of Head And Neck Cancer
There are two heads of loss in medical negligence compensation. You could claim;
- General damages, an amount for any avoidable pain and suffering that was caused to you.
- Special damages for any financial losses that you suffered due to the negligence.
To show you how general damages can be valued, we have included a table that shows a range of compensation brackets for illnesses. We have used a publication called the Judicial College Guidelines for these figures.
| Injury/Illness | Compensation Bracket | Notes |
|---|---|---|
| Very Severe Brain Damage | £282,010 to £403,990 | Little, if any, evidence of meaningful response to environment, little or no language function. |
| Moderate Brain Damage (i) | £150,110 to £219,070 | Moderate to severe intellectual deficit with a personality change. |
| Lung Disease | £100,670 to £135,920 | Young person with serious disability where there is a probability of progressive worsening. |
| Lung Disease | £70,030 to £97,330 | Lung cancer (typically in an older person) causing severe pain and impairment. |
| Taste and Smell | In the region of £39,170 | Total loss of taste and smell. |
What you may receive in your claim will be determined by how you were harmed and the evidence you can present of this.
Examples Of Payouts For Special Damages
Examples of special damages for monetary losses caused by:
- Your income being affected, if you were unable to work
- Spending towards your treatment or care
- Spending towards aids such as a wheelchair.
You can reach out to one of our advisers for a free compensation estimate and advice on whether you can make a medical negligence claim for the misdiagnosis of head and neck cancer.
Why Contact Us For No Win No Fee Medical Negligence Claims Advice?
If making a medical negligence claim with a No Win No Fee solicitor, you generally would not pay for their services at the following times:
- Upfront for the service they provide
- While your claim progresses
- Owe any fees to them in an unsuccessful claim
A success fee is charged if your claim is successful – which is a percentage taken out of your compensation award. This percentage is legally capped.
These are terms that are commonly offered in a Conditional Fee Agreement – which is a type of No Win No Fee arrangement. You may be able to work with a solicitor from our panel who offers this type of arrangement if you can present a valid claim.
As we’ve said, our advisers can evaluate your situation for free or advise you on your potential claim. If you have been affected by a negligent misdiagnosis of head and neck cancer, then please reach out to a member of our advice team.
Contact Our Team
We hope that our guide has been insightful and helpful. If you have any further questions, you can make a free information enquiry to our advice team by:
- Phone on 0161 696 9685
- Using the live chat feature
- Using our contact us page
Learn More About Medical Negligence Claims
Additional guides that we provide include:
Medical Negligence Leading To Wrongful Death Claims
Thank you for reading our guide on how to make a claim for a negligent misdiagnosis of head and neck cancer. We have provided some additional resources that you may find useful, such as:
- Cancer Research: Guide To Head & Neck Cancer
- Macmillan: Guide to accessing financial support
- General Medical Council: A published guide on good medical practice