You could be entitled to claim compensation for cancer being misdiagnosed as adenomyosis if medical negligence occurred. All medical professionals owe a duty of care to their patients. If this is not fulfilled, and you suffer avoidable harm from this, this constitutes medical negligence. We explain who could be eligible to claim medical negligence compensation in more detail, including how long you have to begin the medical negligence claims process.
We also explore how a cancer misdiagnosis could happen because a medical professional breached their duty of care. Then, we look at what evidence you can attain to support your cancer misdiagnosis claim in conjunction with how a No Win No Fee solicitor from our panel could help you.
As you make your way through this guide, we explore how much compensation could be awarded for a successful cancer misdiagnosis claim discussing the unnecessary harm in which you could be compensated for.
If you have any questions at any point about claiming compensation for a delayed diagnosis of cancer, please do not hesitate to get in touch with our advisors. They are available to have a chat with you 24 hours a day, 7 days a week to help you with any queries. To speak with us:
- Call our team on 0800 408 7826
- Fill out our Contact Us form with information about your potential claim for clinical negligence.
- Speak with our advisors using the live chat feature at the bottom of the screen
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- How Much Compensation For Cancer Being Misdiagnosed As Adenomyosis?
- When Am I Able To Claim For Cancer Misdiagnosed As Adenomyosis?
- When Can Cancer Be Misdiagnosed As Adenomyosis?
- Evidence That Could Be Used In Medical Negligence Compensation Claims
- Who Could Make Medical Negligence Claims On A No Win No Fee Basis
- Learn More About Compensation For Cancer Being Misdiagnosed As Adenomyosis
The medical negligence compensation you could be awarded for a successful claim for cancer being misdiagnosed as adenomyosis may contain up to two heads of claim.
The first head of claim, general damages, accounts for the physical and psychological effects of the unnecessary harm. Factors such as these are taken into consideration:
- The extent of your treatment.
- Your pain severity.
- The impacts on your quality of life.
The Judicial College Guidelines (JCG) and an independent medical assessment report are looked at side by side when your general damages is being valued. The JCG is a document containing guideline compensation values for all sorts of injuries.
In the table are guideline compensation amounts for different injuries and harm that could potentially be associated with a womb cancer misdiagnosis. These are taken from the JCG (only the top figure is not from the JCG). However, these figures are only a guide.
Injury Severity Compensation Bracket Details
Multiple serious harm (general damages) plus special damages. Serious Up to £500,000+ Different types of serious avoidable harm and special damages such as lost earnings, home adaptations, care costs and the cost of medication.
Bladder Double incontinence (a) Up to
The loss of natural function in the bladder and bowel.
Complete loss of control and function (b) Up to £140,660
To just the bladder.
Serious impairment of control (c) £63,980 to £79,930
With some pain and incontinence.
Female reproductive system Infertility with sexual dysfunction £114,900 to
With mental harm such as depression and anxiety. Also, with scarring and pain.
Sexual dysfunction that is expected to be permanent £43,010 to
Where the person would not have kids or already has them.
Infertility with no sexual dysfunction £56,080 to
The person will be young without any kids. There are no aggravating symptoms.
Infertility with no medical complications and no sexual dysfunction £17,960 to
The person already has kids.
Psychiatric Damage Generally Severe (a) £54,830 to £115,730 Marked issues in terms of the injured person's ability to deal with life, work, or education. Very poor prognosis.
Claiming For Financial Losses In A Medical Negligence Claim
Special damages might also be included in your compensation, but this head of claim is not always awarded. Special damages reimburse any monetary loss that is incurred due to your avoidable harm.
This could include:
- Loss of earnings
- Care costs
- Medical expenses
- Travel costs
- Home adaptations
This head of claim is not always awarded since there needs to be proof of your avoidable harm’s costs. So, keep a record of financial losses via receipts, invoices, payslips, or bank statements.
If you get in touch, our advisors can give you more information on what is looked at when you claim compensation for medical negligence. Our advisors will assess any potential cancer misdiagnosis compensation claim in a free no obligation consultation. They could connect you to a solicitor from our panel for free legal advice should you have a valid claim.
All medical professionals must provide their patients with a duty of care. This duty of care entails delivering the correct standard of care. If they fail in this obligation, then their actions could be found to be negligent. If you suffer avoidable harm from medical malpractice (harm that you wouldn’t have suffered if the correct standard of care was met), then you could be eligible to make a clinical negligence claim for compensation for cancer being misdiagnosed as adenomyosis.
Specifically, here are the three criteria that you need to meet to have a valid claim:
- You were owed a duty of care by a medical practitioner.
- This medical professional breached their duty of care.
- Because of the breach, you suffered avoidable harm.
If you can prove that the above happened to you, then you may be able to seek compensation for an incorrect or missed cancer diagnosis.
So, it is important to note that not all instances of a misdiagnosis by a medical professional will lead to a compensation claim. In this instance, you need to be able to prove that your cancer being misdiagnosed as adenomyosis went outside the expected level of care required by a healthcare professional.
To verify whether your circumstance meets the cancer misdiagnosis claims eligibility criteria, please speak with an advisor from our team.
Is There A Time Limit When Seeking Medical Misdiagnosis Compensation?
If you want to claim for cancer misdiagnosed as adenomyosis, you typically have 3 years to start the process. This is in accordance with the Limitation Act 1980.
A misdiagnosis negligence compensation claim must begin within:
- 3 years from the date medical negligence occurred, or,
- 3 years from when you became aware that medical negligence occurred.
There are some scenarios in which this time limit may not apply: if the affected person is under the age of 18, or if the affected person lacks the mental capacity to claim compensation.
If you would like to find out more about the cancer misdiagnosis claims time limit, including its exceptions, please get in touch with an advisor from our team.
Adenomyosis is a condition in which the lining of the womb grows into the muscle in the wall of the womb. The symptoms of adenomyosis can include heavy or painful periods; discomfort in the pelvis, and bloating, heaviness or fullness in your tummy (abdomen).
Here are a few example scenarios of how cancer could be misdiagnosed as adenomyosis by a medical professional:
- The doctor fails to send you for tests even though your symptoms mirror types of female reproductive cancers and diagnoses you with adenomyosis. For example, a womb scan, a biopsy, and a blood test. You therefore suffer avoidable harm as the cancer spreads, and you now need more invasive treatment as a result.
- There are administrative errors within the hospital. This causes your scan results to be swapped with another patient’s. The mass of cancer in your womb therefore continues to grow and spread to other organs because you were incorrectly told that your results were negative and that you had adenomyosis instead.
Since the symptoms of adenomyosis are similar to cancers like cervical cancer and ovarian cancer, extra steps should be taken to clearly identify your condition. An incorrect cancer misdiagnosis and a delay in cancer treatment can cause you to suffer significant medical complications, such as infertility or further problems to the female reproductive system and surrounding organs.
So, get in touch with an advisor to discuss specifically if you can claim compensation for cancer being misdiagnosed as adenomyosis.
For the best chance of receiving misdiagnosis negligence compensation and successfully claiming for cancer misdiagnosed as adenomyosis, collect as much evidence as you can. It is advisable to collect evidence to prove that you suffered avoidable harm and that it was due to the fact a medical professional breached their duty of care.
You can do this in the following ways:
- Keep a diary of symptoms, treatments and their impacts on your physical and mental state.
- Request medical records from doctors before and after the incident. For example, scans to show how your cancer has spread due to a delayed diagnosis.
- Take pictures of visible injuries.
- Officially make a complaint.
- Collect witness statements if any of your friends or family were with you during your medical appointments where a medical professional was negligent.
If you are having trouble gathering evidence, a solicitor from our panel can help you with this process if they are appointed to you. Please get in touch with our advisors for more details and to see whether you can be connected to a solicitor from our panel who could represent you through the medical negligence claims process.
There are many benefits to having a medical negligence claim solicitor represent you when making a claim for compensation for cancer being misdiagnosed as adenomyosis. Not only could the solicitors from our panel use their vast experience to cover all bases of the medical negligence claims process, but they could also offer you to enter into a Conditional Fee Agreement (CFA).
This is a type of No Win No Fee agreement and means that there are typically no fees for your solicitor’s services to be paid upfront or while your claim is ongoing. There are still no fees for your solicitor’s services if your claim fails.
However, if you do have a successful claim, a legally capped percentage success fee will be deducted from your compensation. The legal cap of the success fee allows the majority of your compensation to always go to you.
As previously stated, our advisors are on call around the clock to offer you free advice if you wish to claim compensation. If you would like to find out whether you are eligible to claim medical negligence compensation on a No Win No Fee basis, make sure to get in contact.
You can do so by:
- Calling our team on 0800 408 7826
- Fill out our Contact Us form with information about your potential claim for medical negligence.
- Speaking with our advisors using the live chat feature at the bottom of the screen
Here we have provided you with some more of our own medical negligence claim guides:
- If someone you know has unfortunately passed away due to their cancer misdiagnosis, find out how medical negligence compensation is calculated for death/a fatality.
- Medical malpractice compensation calculator – see what you can claim.
- Read our pancreatic cancer misdiagnosis claim guide if your pancreatic cancer was misdiagnosed as another condition.
Here is also further reading that may be of benefit:
- NHS – a guide on the symptoms of adenomyosis.
- Cancer Research UK – support with living with womb cancer and how to get emotional and practical support.
- Macmillan Cancer Support – Macmillan Cancer Support is one of the largest British charities.
- GOV.UK – check out the NHS Constitution for England to find out their values and principles.
Thank you for reading this guide on how to claim compensation for cancer being misdiagnosed as adenomyosis. If you have any more questions, please speak with an advisor from our team.