Misdiagnosed lung cancer claims

What is misdiagnosed lung cancer?

Misdiagnosed lung cancer occurs when healthcare professionals wrongly interpret symptoms or clinical test results, diagnosing a patient with a different condition or failing to recognise lung cancer altogether. Incorrect diagnosis or delayed diagnosis can significantly limit the effectiveness of subsequent treatments, worsen the prognosis, and adversely affect the patient's quality of life.

Common reasons for misdiagnosis include improper interpretation of X-rays, CT scans, biopsies or test results, failure to investigate alarming symptoms such as persistent coughing, chest pains, breathlessness or unexplained weight loss, and administrative errors within healthcare facilities.

Can you claim compensation for misdiagnosed lung cancer?

Yes, if you have suffered due to a delay in diagnosing lung cancer, you may be eligible to claim compensation. To pursue a claim successfully, it must be demonstrated that:-

• Breach of Duty - The healthcare professional or institution provided medical care which fell below appropriate standard and/or acted negligently by failing to conduct appropriate investigations, tests, or referrals.
• Causation - It must also be proven that this negligence directly contributed to your suffering or worsened your medical outcome and prognosis.

Compensation in misdiagnosed lung cancer can vary considerably based on injury severity, the impact of negligence on your health and finances, and other individual circumstances.

Compensation typically falls into two categories:

• General Damages - Compensation awarded for your physical and psychological pain, suffering, and loss of amenity. This is assessed based on the extent, seriousness, and duration of your injuries or illness caused by negligence.

• Special Damages - These damages comprise compensation for financial losses incurred in the past and/or future due to negligence, including loss of earnings, medical expenses, travel costs, gratuitous care requirements, rehabilitation expenses, home adaptations, and any other related financial losses.

It is important to seek expert legal advice quickly, as there are specific time limits in place for pursuing clinical negligence claims (usually three years from the date you became aware of the misdiagnosis or its effects). Our experienced solicitors at Stephensons can guide you through the entire process.

Why choose us to handle your misdiagnosed lung cancer claim?

Stephensons is recognised as one of the UK's leading law firms with extensive experience in medical negligence claims. Our expert solicitors have assisted many individuals and families affected by misdiagnosis cases, securing justice and obtaining significant compensation settlements on their behalf.

Reasons to choose Stephensons include:

• Specialist team accredited by The Law Society’s Clinical Negligence Accreditation Scheme
• Recognition and recommendation in respected legal directories such as Legal 500 and Chambers UK
• Proven track record in successfully resolving complex medical negligence cases
• Commitment to compassionate client care, keeping you informed and supported throughout the entire claims process
• A thorough, no-obligation initial assessment to determine the strength of your claim and advice on your legal options

How we can help

Our expert solicitors at Stephensons provide comprehensive legal guidance and representation, assisting from the initial consultation to the conclusion of your compensation claim. We aim to make the process as straightforward and stress-free as possible.

Our dedicated team will:

• Review your case thoroughly, analysing medical evidence and records
• Consult medical experts to establish negligence
• Advise you on potential compensation and guide you through available legal routes
• Negotiate with hospitals, NHS trusts and insurers on your behalf to secure the best settlement possible
• If necessary, robustly represent you in court proceedings, always striving for maximum compensation and justice

Contact us today

If you or a loved one has suffered from misdiagnosed lung cancer, don't delay seeking legal advice. Call Stephensons Solicitors LLP now on 0161 696 6165 to speak directly to our experienced medical negligence solicitors. Alternatively, please complete our online enquiry form, and a member of our team will contact you promptly to discuss your claim.

Frequently asked questions - misdiagnosed lung cancer claims

How long do misdiagnosed lung cancer claims usually take?

The duration varies depending on the complexity and specifics of the case. However, medical negligence claims of this nature usually take between 18 months to three years to reach a conclusion.

Is there a time limit for making a claim?

In line with standard medical negligence claims, according to the Limitation Act 1980, the general time limit for making a compensation claim related to misdiagnosed lung cancer in the UK is three years from the date of negligence occurrence or three years from the date you became aware of negligence causing harm (often known as the "date of knowledge"). However, exceptions do exist in specific circumstances, including:

• If the claimant is under the age of 18, the three-year limitation period begins on their 18th birthday, expiring at age 21.
• If the claimant lacks mental capacity, the time limitation may potentially be extended indefinitely until the claimant regains capacity.
• If the alleged defendant agrees to a limitation extension, and/or the Court approves an extension in specific circumstances at its own discretion.

Although three years may seem sufficient, we strongly recommend contacting Stephensons as early as possible after the negligence event occurs. Prompt legal action allows our solicitors maximum opportunity for evidence collection, expert advice, and achieving successful outcomes.

Will I have to go to court?

Most medical negligence cases settle without the need for court proceedings. However, our solicitors will prepare your case robustly if court representation becomes necessary, offering full support and clear guidance at every stage.

What evidence will I need to provide?

You will generally need medical records, details of treatments received, correspondence with healthcare providers, and information about how the misdiagnosis has affected your life physically, psychologically, and financially. Our solicitors will assist you in obtaining and collating this information.