This guide will provide information on if you’re eligible to make a claim for a pancreatic cancer misdiagnosis. We’ll also explain what could be paid out in a successful medical negligence claim.
All medical professionals have a duty of care to their patients. This means they have a legal obligation to provide a standard level of care to their patients at all times. Should a practitioner fail to adhere to this duty of care when treating a patient, resulting in a patient suffering avoidable harm, then a medical negligence claim may be able to be made.
In the case that this duty of care is broken, and patients are not provided with the necessary level of care, they may suffer harm that could’ve been avoided. If you can prove that a pancreatic cancer misdiagnosis was caused by negligence and that you were harmed unnecessarily, then you may be able to make a claim. We’ll be exploring the time constraints that you’ll have to follow when making a claim. We’ll also look at the potential value of a claim.
If you want to see if you have a valid medical negligence claim or have questions about medical negligence, then you can use the below contact information to discuss this further:
- Fill out the contact us section of our website
- Call one of our advisors on 0800 408 7826
- Chat with one of our advisors by using the Live Support feature
Choose A Section
- How Can I Claim For Pancreatic Cancer Misdiagnosis? – A Guide
- How Can Pancreatic Cancer Misdiagnosis Occur?
- What Evidence Could Help You If You Want To Claim For A Misdiagnosis Of Cancer?
- What Potential Compensation Could You Recieve From A Medical Negligence Claim?
- Our Panel Of Medical Negligence Solicitors Can Work Your Claim On A No Win No Fee Basis
- Read More About How To Claim For Pancreatic Cancer Misdiagnosis
There are different scenarios where you may be able to claim for pancreatic cancer misdiagnosis. In this guide, we’ll discuss both; they are:
- Being initially diagnosed with another illness before being given the correct diagnosis of pancreatic cancer.
- Being misdiagnosed with cancer whilst actually having another illness.
Pancreatic cancer can have many symptoms, including but not limited to:
- The whites of your eyes or your skin turning yellow
- Loss of appetite
- Feeling tired
- A high temperature
As with most types of cancer, pancreatic cancer can spread the longer it is left undiagnosed. A misdiagnosis can lead to much more severe consequences; for example, you might need more intensive treatment than you would have if the condition had been promptly diagnosed. In some cases, medical negligence could cause death.
If you have any questions through this guide then you can use the contact information above to get in contact with our team of advisors.
Pancreatic cancer misdiagnosis can occur when a practitioner fails to fulfil their duty of care when treating a patient, and this causes a patient to suffer harm. This is called medical negligence.
In order to make a claim, you would need to:
- Show that a duty of care was owed to you
- Show that this duty of care was breached.
- Demonstrate that this breach caused you unnecessary harm.
Below are some examples of how a cancer misdiagnosis can happen:
- A doctor misreading a scan, resulting in you being wrongly told that you do not have breast cancer.
- Your scans are mislabelled, meaning you are told you don’t have lung cancer based on another person’s test results.
- Your test results are misinterpreted by a doctor, meaning that you’re given the wrong diagnosis. As a result, you undergo chemotherapy that you do not need.
Not all instances of misdiagnosis will form the basis of a claim. Early symptoms of pancreatic cancer can be mistaken for other conditions, and this may not be an example of a breach of duty of care.
For more information on whether you have a valid claim, speak with a team member today.
In order to support your claim for pancreatic cancer misdiagnosis caused by medical negligence, it’s important to provide evidence. Potential types of evidence can include:
- Keeping a diary of your treatment and symptoms
- Asking for copies of any medical records produced
- Attaining copies of your doctor’s notes
The Limitation Act 1980 sets out that a claim needs to be made within three years of the date of the misdiagnosis or when you connected this with negligence. Some exceptions can apply to this, however.
If you’d like to learn more about the time constraints involved when making a medical negligence claim, then you can contact our team of advisors for legal advice anytime by using the above contact information.
This section may help you if you’re wondering what your claim is worth. General damages compensation is one of the heads of claim that can make up a settlement in compensation for medical negligence. This takes into account the avoidable pain or suffering a negligent misdiagnosis has caused. This can take into account physical harm and psychological injuries. For example, you might experience anxiety and depression if you’re told that you will need a longer course of chemotherapy than you otherwise would have.
The following figures are taken from the Judicial College Guidelines, which are used by solicitors to help them assign a value to claims. These figures are also used to create our compensation calculator.
|Brain Damage||Moderate (i)||£150,110 to £219,070||Moderate to severe intellectual deficit, personality change, with no prospect of employment.|
|Brain Damage||Moderate (ii)||£90,720 to £150,110||Intellectual deficit ranging from moderate to modest. Ability to work greatly reduced or non-existant.|
|Brain Damage||Moderate (ii)||£43,060 to £90,720||Impact on concentration and memory. Reduced ability to work.|
|Bowels||Double incontinence||Up to £184,200||Total loss of natural bowel function, and complete loss of urinary control.|
|Bowels||Loss of function||Up to £150,110||Total loss of natural function.|
|Bowels||Passive incontinence||In the region|
|Faecal urgency persisting and causing distress.|
|Bladder||Double incontinence||Up to £184,200||Total loss of natural bowel function, and complete loss of urinary control.|
|Total loss of control and function.|
|Lung Disease||Serious||£100,670 to £135,920||For a young person, where there is a probability of disease worsening until premature death.|
|Lung Disease||Severe||£70,030 to £97,330||Cancer causing severe pain and impairment of function and quality of life.|
These figures are not guarantees; this is because of the many different variables that will affect the value of general damages. For a more accurate assessment of how much your claim could be worth, speak with a member of our team today.
When Can Special Damages Make Up Part Of My Cancer Misdiagnosis Payout?
You may also be able to claim special damages. This is another head of claim that aims to reimburse you for any financial losses caused by medical negligence. This can include:
- Cost of medication
- Loss of earnings because of time taken off work
- The cost of care
- Renovations to your home to aid recovery
Similarly to general damages compensation, you’ll have to provide evidence to receive special damages. This can come in the form of bank statements, invoices or receipts.
If you’d like an assessment of your claim’s value, speak with a member of our team. If you have a valid pancreatic cancer misdiagnosis claim, they could connect you with a lawyer from our panel.
If you have a valid claim, one of the solicitors from our panel could represent you under a No Win No Fee agreement. They can offer a form of this type of agreement called a Conditional Fee Agreement (CFA). This means that you generally won’t have to pay an upfront fee or ongoing fees for your legal representation.
If your claim ends unsuccessfully, then generally, you won’t have to pay your solicitor anything for the work they have done. However, following a successful claim, your solicitor will deduct a percentage from your overall compensation amount. This is a success fee and is legally capped to stop you from being overcharged.
Want To Know If You Can Claim For Cancer Misdiagnosis? Contact Us For Free Today
If you’re interested in making a cancer misdiagnosis claim or have more questions about the process of making a medical negligence claim, then you can get in touch with our team of legal advisors. If they confirm that you have a valid claim, they’ll connect you with one of the No Win No Fee solicitors from our panel.
Get in touch with us by:
- Filling out the contact us section of our website
- Calling one of our advisors on 0800 408 7826
- Chatting with one of our advisors by using the Live Support feature
If you’d like to learn more about pancreatic cancer misdiagnosis, then you can follow the below links to our other guides:
- Claiming for a missed wrist fracture
- Wrongly prescribed quinine claims
- Birth injury compensation calculator
Furthermore, you can follow these external links below to learn more:
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