When you are treated by a medical professional, you expect a high standard of care. Therefore, when this does not happen, it can leave you feeling misguided and betrayed.
Breast cancer is a devastating disease that affects women and men in the UK every day. Early diagnosis of breast cancer is essential in preventing the disease from spreading or potentially becoming terminal. Misdiagnosis or delayed diagnosis of breast cancer can cause severe and long-term consequences, including a shortened life expectancy, loss of income and even the inability to look after yourself and others.
Symptoms of breast cancer
There are various symptoms that may indicate signs of cancer; these include:
· Swelling of the breast
· Irritation of skin on the breast
· Nipple discharge other than breast milk
· Any change in the size or shape of the breast
· Pain in any area of the breast tissue
If you have experienced any of these symptoms, you should seek medical attention from a medical professional such as a doctor or GP as you may receive a breast cancer screening which will help in diagnosing breast cancer and determining the severity.
It is essential to do this as soon as possible as breast cancer can spread to other parts of the body the longer, such as lymph nodes underneath the arm if it is left untreated. If breast cancer is diagnosed, other tests will then be carried out to clarify if the cancer has spread.
Time limits for making a breast cancer misdiagnosis compensation claim
The law on time limits for all clinical negligence and personal injury claims is complicated. However, the general rule is that you have three years from the date on which you realised your diagnosis of cancer was late or misdiagnosed.
The three-year time limit for claiming compensation does not apply to those under 18; however, it will come into effect after their 18th birthday. There is also no time limit for individuals that lack the mental capacity to make a claim themselves.
What should I do if I want to make a breast cancer misdiagnosis compensation claim?
If you are thinking about claiming compensation for negligent treatment, it is important that you are aware of how to prove medical negligence. Clinical negligence cases must be built on evidence, so it is essential that you can prove what happened to you, caused injury as a result of someone else’s actions.
Evidence that could help prove medical negligence are:
- Medical records, including any ultrasounds or X-rays
- Details of any appointments attended in relation to your illness
- Any reports from medical experts that could be used as evidence
- Photographs or any injuries or illness related symptoms
- Financial evidence
- Detailed statements from the claimant
- Witness statement (these can be from family or friends)
It is in your best interest to talk to a solicitor as soon as possible as they can discuss the claim process and your entitlements with you. They can also advise you on your options going forward.
Medical negligence Solicitors from law firms can provide clarity on whether you have received negligent medical treatment as they are legal experts and specialise in medical negligence compensation claims.
How will my cancer misdiagnosis compensation be calculated?
It can be difficult to determine the amount of compensation you will receive from the outset of your case. All cancer misdiagnosis claims are unique; therefore, there is no set amount of compensation. Below is a list of things that may be used to determine how much compensation you could be entitled to.
- The severity of your illness
- Length of time taken to diagnose your cancer
- Pain and suffering as well as loss of amenity caused by the delay or misdiagnosis
- Loss of benefits
- Length of recovery
- Loss of projected earnings
- Impact on daily life
- Past loss of earnings
There is no maximum amount that you can be awarded for medical negligence. The amount of financial compensation you receive will be based on the severity of the ongoing disability and losses due to medical negligence. A medical negligence claim is considered on a case-by-case basis as each claim has a unique set of circumstances.
If your family, friends or others have been required to provide you with additional care due to your injuries, then they may also be eligible to receive compensation for their time.
A medical negligence claim is made up of two areas, general damages and special damages.
General damages refer to the compensation you will receive for your pain, suffering and loss of amenity. These damages take the severity of your illness into consideration, as the more severe your illness is due to medical negligence, the higher the compensation levels are likely to be. If you have been left disfigured or disabled as a direct result of medical malpractice, this would be covered by general damages.
Special damages cover the financial impact the medical negligence has had. This includes loss of earnings which will depend on the severity of your injuries and the type of job that you do. Special damages also cover any care and assistance that you may require.
If the defendant admits liability for your case, you may also be able to receive an interim payment, meaning that you could receive a part-payment of compensation during litigation. These payments are made by the other side before a case is settled in order to aid you to fund a number of vital things such as assistance in daily living or urgent medical care.
How much do breast cancer misdiagnosis claims cost?
We will always be 100% transparent about what our charges are; if we take on your cancer misdiagnosis case, we will almost always do so on no win no fee basis (also known as a conditional agreement).
This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
For more information on your claim, please contact Wildwood Legal to get in touch with one of our medical negligence teams today.
How can Wildwood Legal assist?
At Wildwood Legal, we know that the consequences of a cancer misdiagnosis can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.
We see all too often the significant effect that medical negligence can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you receive.
Our core strength is in personal injury claims. We are experienced in helping you with any negligence claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.
Our ultimate aim is to obtain a great outcome for your case and for you to feel able to recommend us to others at the end of your claim.
We value the opinion of our clients, and we will always listen to you and take on board what you say.
If you’ve suffered as a result of medical negligence, get in touch with us, and we can discuss your case and help start your claim– we’re only a phone call away. You won’t regret it.
We have registered offices in Harrogate and London.
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