When you are treated by medical professionals, you expect to receive the best possible treatment as they have a duty of care towards their patients. Therefore, when this does not happen, it can feel as though you have been betrayed and misguided.
Prostate misdiagnosis can have physical and psychological effects, especially when you were told by a medical professional that your symptoms were less serious or were even completely unrelated to prostate cancer.
If you or a loved one have suffered from misdiagnosed cancer or a delayed diagnosis, you may be able to make a medical negligence claim. Get in touch with our medical negligence team to determine your eligibility to make a claim.
Common symptoms of prostate cancer
There are a variety of identifiable symptoms of prostate cancer, which can help to diagnose it and treat it as soon as possible. These include:
· Needing to urinate more frequently
· Straining or taking longer to urinate
· Feeling as though your bladder has not emptied fully
· Blood in your urine
· Feeling an urge to rush to the toilet
If you have experienced any of these symptoms, you should seek medical attention immediately to determine whether or not you have the cancer through digital rectal examination, prostate-specific antigen PSA levels, physical examination and blood tests.
If signs of prostate cancer are found, further tests can be performed to determine if the cancer has spread to other parts of the body. Following this, treatment for the cancer can be recommended. Common treatments include hormone therapy, radiation therapy and surgery.
Prostate cancer typically affects the prostate gland located underneath the bladder in men over the age of 50, and the risk of getting this form of cancer increases as you get older.
If the prostate cancer is found at an early stage, it is easier to treat. Therefore, it is crucial that you seek medical attention as soon as possible to reduce the risk factors involved.
Time limits for making prostate misdiagnosis claims
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 prostate cancer was late or misdiagnosed.
The three-year time limit for claiming compensation does not apply to under 18s; 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.
Cancer misdiagnosis claims: What should I do if I want to make a 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 one of our medical negligence solicitors to determine the eligibility of your claim and outline the evidence needed to strengthen your potential claim for compensation.
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 prostate cancer diagnoses compensation 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 suffering and 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 misdiagnosis, 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 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 agreements (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.
How can Wildwood Legal assist?
At Wildwood Legal, we know that the consequences of a cancer misdiagnosis can be devastating. If you have been diagnosed with prostate cancer which was worsened due to a medical professional’s negligence, 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. Our negligence teams are experienced in helping 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.
If you’ve suffered as a result of medical negligence, get in touch with us, and we can help you start your claim– we’re only a phone call away. You won’t regret it. To make an enquiry, get in contact with us either email us firstname.lastname@example.org or call us 01423 209 046
We have registered offices in Harrogate and London.
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