According to Cancer Research UK, more than 50,000 men are diagnosed with prostate cancer every year in the UK. An early and accurate diagnosis means that the disease can be treated, which could be life-saving. On the other hand, a diagnosis error could have serious ramifications. This guide looks at the prostate cancer misdiagnosis claims process and when you can seek compensation for medical negligence.
We discuss what the compensation paid out in a successful case could potentially account for. Additionally, we look at possible causes of a claim by reviewing how a negligent mistake could happen during prostate cancer diagnosis.
If you are wondering how to best set up a prostate cancer misdiagnosis claim for success, read on for advice on the right evidence to present for your claim. We also cover the benefits of the No Win No Fee agreement under which a solicitor from our panel could help you claim.
Contact our dedicated team of advisors and you can have your potential medical negligence claim reviewed. Advisors can also provide guidance and useful information with no charge and no obligation to claim. For a free and straightforward conversation, choose one of these options:
- Call 0800 408 7826.
- Contact us online.
- Use the live chat tab below.
Browse Our Guide
- Compensation Calculator For Prostate Cancer Misdiagnosis
- What Is Prostate Cancer?
- How Can Prostate Cancer Be Misdiagnosed?
- What Do You Need To Claim For Prostate Cancer Misdiagnosis?
- How Do You Make A No Win No Fee Cancer Misdiagnosis Claim?
- More Resources About Claiming For Cancer Misdiagnosis
Compensation Calculator For Prostate Cancer Misdiagnosis
You may receive compensation for prostate cancer misdiagnosis if your claim shows that:
- A medical professional owed you a duty of care.
- They deviated from the professional standard expected of them. This meant that you did not get the correct level of care.
- This resulted in you suffering avoidable harm.
A medical negligence compensation payout can consist of up to two parts, which are known as heads of loss. The main head is called general damages, and it aims to cover the physical pain and emotional suffering that negligent medical treatment causes.
You will see a table of compensation amounts for physical and psychological injuries below. These figures come from the Judicial College Guidelines (JCG), a document that those responsible for calculating a payout might refer to during their deliberations. They might also refer to medical evidence to help them decide how much compensation you receive.
Compensation Table
The top entry does not come from the JCG. It is also worth remembering that this is a guide and does not reflect the outcome of all medical negligence claims. You may also want to check out the compensation calculator available on our website.
INJURY | SEVERITY | COMPENSATION | NOTES |
---|---|---|---|
Multiple Very Serious Illnesses Plus Significant Costs or Losses | Very Serious | Up to £500,000+ | A payout addressing numerous serious complications of negligent medical treatment. Compensation also accounts for lost earnings, medical bills and further financial losses. |
Bowels | Double Incontinence | Up to £224,790 | Double incontinence refers to the loss of bowel function plus a totally removed urinary function and control. There are also further medical complications. |
Faecal Urgency | In the region of £97,530 | Passive incontinence, as well as faecal urgency, continues after surgery. | |
Reproductive System (Male) | Loss Of Reproductive Organs | In excess of £187,790 | The total removal of male reproductive organs. |
Total Impotence | £140,220 to £181,020 | Complete impotence plus the loss of sexual function and sterility in a young person. | |
Sterility (Older Person) | £8,070 to £22,800 | Sterility in an older person who either would not have had children or was unlikely to do so. | |
Bladder | Complete Loss Of Function | Up to £171,680 | Total absence of control and function. |
Some Long-Term Interference | £28,570 to £38,210 | Despite almost a complete recovery, there is some fairly long-term interference with natural function. | |
Lung Disease | Lung Cancer | £85,460 to £118,790 | Cancer, typically in an older person, that severely impairs function and quality of life, as well as causing serious pain. |
Psychiatric Damage | Moderately Severe | £23,270 to £66,920 | Significant problems associated with factors like relationships, coping with life and work, and future vulnerability. |
What Can Compensation From A Cancer Misdiagnosis Claim Pay For?
How much compensation you could receive under the general damages head of loss depends on numerous factors, including:
- The extent to which your physical and mental health is impacted.
- How much treatment is required and how long it takes.
- How far into the future you’ll be affected.
As we mentioned previously, a second head of loss can account for part of a payout. Special damages cover financial losses caused by injuries suffered due to negligent treatment. This means that a compensation claim payout could pay for:
- Lost earnings if you’re forced to take time off work.
- Travel fees.
- Medical bills or prescription charges.
- Home care costs.
You can call us to discuss what compensation for misdiagnosed cancer you may be able to receive and learn if a solicitor from our expert panel could help you push for a fair settlement.
What Is Prostate Cancer?
The prostate gland can be found in the pelvic region and is part of the male reproductive system. Prostate cancer occurs when cancer cells grow within the gland, and in some cases then spread throughout the body. According to Cancer Research UK, it is the most common form of cancer in the UK for males, affecting more than a quarter of men diagnosed with cancer.
Anyone with a male reproductive system could be diagnosed, but the risk of prostate cancer increases for people over the age of 50.
Common symptoms of prostate cancer include an increased need and decreased ability to urinate, which can sometimes see prostate cancer misdiagnosed as an enlarged prostate or urinary tract infection because the signs are similar.
How Is Prostate Cancer Diagnosed And Treated?
A prostate-specific antigen (PSA) test measures PSA levels, which may help medical professionals to detect cancer early on. Other forms of assessment include a blood test, a digital rectal examination or an MRI scan.
Early stages of prostate cancer with no symptoms may not need treatment. With that being said, early prostate cancer diagnosis is often the best way to reduce the threat of cancer spreading. Radiotherapy or surgical removal of the prostate gland may be required.
A timely and correct diagnosis of prostate cancer is often vital as almost 100% of men diagnosed survive for five or more years if the cancer is caught in its early stages. The survival rate falls if the cancer has the chance to spread, meaning medical negligence could lead to death or serious illness.
Call us if you’d like to discuss your experience and hear more about how medical negligence claims work.
How Can Prostate Cancer Be Misdiagnosed?
Incorrect diagnosis of prostate cancer is possible without the care being negligent. Therefore, it is important to identify care that fell below the expected standard. The examples you see below are clear examples of negligent prostate cancer misdiagnosis and the harm it can cause someone to suffer:
- A PSA test is arranged but the test results are lost due to an admin error. The delayed diagnosis rules out prostate cancer treatment at an early stage.
- Despite increased discomfort and urinary issues, a GP tells the patient that they have an enlarged prostate and does not order any tests. Due to the incorrect diagnosis, the cancer is able to spread to the bladder, bones and lungs.
- A patient is admitted to the hospital because of pain and urinary issues. A doctor mixes up their records with another patient’s, leading them to arrange needless chemotherapy.
How Often Do People Get Prostate Cancer?
As we mentioned at the start of this guide, each year sees prostate cancer diagnosed in more than 50,000 men. Cancer Research UK provides further information about the disease:
- On average, between 2017-2019, prostate cancer accounted for 28% of all new cancer cases in males in the UK.
- About 3,100 cases each year in England are linked with deprivation.
- Since the 1990s, prostate cancer rates have increased by almost half in males in the UK on average between 2016 – 2018.
If you’ve suffered harm caused by a negligently incorrect diagnosis of prostate cancer, you might be able to claim compensation. Call today to discuss your options with our helpful advisors.
What Do You Need To Claim For Prostate Cancer Misdiagnosis?
Relevant evidence is important for any medical negligence claim. In this case, your claim would depend upon showing that a prostate cancer misdiagnosis was caused by substandard care and led to avoidable suffering. For example, your case might benefit from:
- Medical records, which could highlight the failure to diagnose prostate cancer and the complications you suffered afterwards.
- Written details about who treated you and where, plus your symptoms and treatment experience.
- Witness contact information.
- The outcome of an independent medical assessment that would be arranged during the claim.
Alongside evidence, you may feel that you need expert legal guidance to help you get the best medical malpractice settlement possible. The medical negligence solicitors from our panel are very experienced in handling misdiagnosis claims and count helping with evidence collection among the many useful tasks they can be instructed to carry out.
What Is The Time Limit To Claim Compensation?
Another positive aspect of working with a solicitor is that they can ensure the claim is submitted within the legal time limit. According to The Limitation Act 1980, you have up to three years from when the negligent care occurred to start a claim. If you only learned about a medical professional breaching their duty of care later on, you may be granted three years to claim from what is referred to as the date of knowledge.
Certain cases can call for an exception to this rule, so the best way to find out how long you have to claim is by calling our free helpline today.
How Do You Make A No Win No Fee Cancer Misdiagnosis Claim?
A solicitor from our panel could help you pursue a misdiagnosed prostate cancer claim under No Win No Fee terms. The contract they offer, called a Conditional Fee Agreement, means:
- There is no upfront fee.
- You do not pay for the solicitor’s work during the case.
- The solicitor doesn’t charge for their efforts at all if the claim fails.
If your prostate cancer misdiagnosis claim wins, your solicitor takes a success fee. Rather than asking you to pay, they simply collect a small percentage of the compensation awarded. The Conditional Fee Agreements Order 2013 sets a cap which legally restricts the size of this percentage.
More Resources About Claiming For Cancer Misdiagnosis
Here are more of our cancer misdiagnosis claim guides:
- Our breast cancer misdiagnosis claim article explains how to sue for the effects of negligent breast cancer treatment.
- We discuss compensation for lung cancer misdiagnosis.
- A look at pancreatic cancer misdiagnosis and when you can claim compensation.
You may also find helpful information from these sources:
- Macmillan Cancer Support information about prostate cancer.
- NHS guidance on living with prostate cancer and the help you can get.
- The NHS also advises on help with health costs that you may be entitled to.
We hope this guide to prostate cancer misdiagnosis claims has helped. Please simply call or get in touch online for dedicated guidance or a claim evaluation.