This article contains information about claiming compensation for an ovarian cancer misdiagnosis. All medical professionals owe their patients a duty of care to provide the correct level of care. If they fail to do so, it could lead to a patient experiencing avoidable or unnecessary harm. This is known as medical negligence.
We will cover topics such as the eligibility criteria you must meet in order to make a medical negligence claim, the time limits you may have to adhere to, and the evidence that could support your claim.
We will also discuss the ways in which it could benefit you to hire the services of a solicitor. For example, an experienced solicitor can help you navigate the claims process, including helping you gather evidence to support your case.
Keep reading to find out more. You can also call our advisers to discuss the merits of your potential claim. This discussion is free and provides you with the opportunity to receive legal advice at a time that suits you. To learn more, get in touch by:
- Calling an adviser at 0800 408 7827
- Using the chatbox below
- Filling in our contact form with your request
Choose A Section
- Could I Claim Compensation For An Ovarian Cancer Misdiagnosis?
- Why Does A Misdiagnosis Happen?
- How To Build A Wrong Diagnosis Claim
- Compensation For An Ovarian Cancer Misdiagnosis
- Should I Use A No Win No Fee Lawyer?
- Further Information About Ovarian Cancer Misdiagnosis Claims
Could I Claim Compensation For An Ovarian Cancer Misdiagnosis?
An ovarian cancer misdiagnosis can involve the following:
- A medical professional diagnoses you with ovarian cancer when you actually have a different condition.
- A medical professional diagnoses you with another condition when you actually have ovarian cancer.
Not every instance of a medical misdiagnosis will form the basis of a valid claim. In order to seek compensation, you must demonstrate that medical negligence has occurred. This means:
- A healthcare professional owed you a duty of care to provide care that met the correct standard
- They breached this duty of care
- As a result of this breach, you sustained harm that could have otherwise been avoided.
To find out whether you’re eligible to seek medical negligence compensation, contact our advisers on the number above.
How Often Does Medical Negligence Happen?
The NHS Resolution, which offers guidance on concerns and disputes made against the NHS, has helpful statistics that give insight into the number of claims notified and settled in 2020/21.
There were:
- 15,078 notified claims
- 13,070 settled claims
Why Does A Misdiagnosis Happen?
An ovarian cancer misdiagnosis can occur for different reasons, such as:
- A doctor performs an exam incorrectly, leading them to determine that you do not have ovarian cancer when you actually do. As a result of delayed treatment, your cancer could have had time to spread to your intestines, brain, or lungs.
- A technician mixes up several sets of test results, meaning that you receive someone else’s cancer diagnosis when your actual condition is very different. If you undergo treatment for a condition you don’t have, such as surgery to remove cancer tissue, this could constitute unnecessary medical treatment.
Not every error made by a medical professional represents medical negligence. Instead, the care you received must have fallen below the correct level. To establish this, the Bolam test may be conducted. This involves a panel of medical professionals deciding whether the medical professional responsible for providing you care, upheld their duty of care. The findings of this assessment can be used to support your case.
Speak to our advisers if you’d like more information about medical misdiagnosis compensation claims. The consultation is free and, afterward, there is no obligation to continue using our services.
How To Build A Wrong Diagnosis Claim
When putting together a claim for an ovarian cancer misdiagnosis, the first factor to consider is the legal time limit. You must start a medical negligence claim within:
- 3 years of the incident
- 3 years of connecting the incident to medical negligence
Certain exceptions exist, such as for children under the age of 18 and adults who do not have the capacity to claim.
Another important factor is to consider the evidence you can produce. For example, this kind of evidence could include:
- A copy of your medical records
- Pictures of any labels on prescribed medications
- Letter of diagnosis
- Treatment plan
Our advisers can tell you more about how to make a medical negligence claim and can discuss the exceptions to the time limit in more detail.
Compensation For An Ovarian Cancer Misdiagnosis
The settlement for a cancer misdiagnosis could include up to two heads of claim. These are called general damages and special damages.
The first head of claim, general damages, is meant as a way to compensate you for the suffering you experienced due to medical negligence. Solicitors will generally use a document known as the Judicial College Guidelines (JCG) to help them assess this aspect of your claim. This document contains compensation brackets for different types of harm.
The figures shown below represent the JCG’s compensation brackets. These are intended only as guidelines because specific aspects of your circumstances could influence how much compensation you receive.
| Type Of Harm | Compensation Brackets | Detailed Notes |
|---|---|---|
| Lung Disease | £100,670 to £135,920 | A serious disability with a probability of progressive worsening causing an early death. |
| Lung Disease | £70,030 to £97,330 | Lung cancer that causes severe pain and impairs function and quality of life. |
| Female Reproductive System | £114,900 to £170,280 | Infertility caused by an injury or diseases resulting in severe depression, anxiety, sexual dysfunction and pain. |
| Female Reproductive System | £43,010 to £102,100 | Sexual dysfunction with the chance of being permanent affecting a person with children or a person who would not have had children. |
| Female Reproductive System | £56,080 to £71,350 | Infertility but there are no aggravating features and no sexual dysfunction. |
| Female Reproductive System | £17,960 to £36,740 | No medical complications or sexual dysfunction from infertility. |
The second head of claim is known as special damages. These are intended as a way to help you recoup financial losses you’ve incurred as a result of the incident of medical negligence. For example, you may be able to be reimbursed for:
- Lost earnings, past and future
- The cost of prescribed medications
Should I Use A No Win No Fee Lawyer?
If you are considering beginning a claim for an ovarian cancer misdiagnosis, it could be beneficial to consider hiring a solicitor.
The solicitors on our panel have experience handling medical negligence claims and may be able to offer you a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). Using this agreement means you generally don’t have to pay for a solicitor’s services if your claim fails.
Instead, if your claim is successful, your solicitor takes a success fee from your compensation. The Conditional Fee Agreement Order 2013 places a legal cap on this fee, so you can receive the majority of your compensation award.
Speak to one of our advisers if a doctor or GP failed to diagnose cancer. They may be able to put you in contact with one of the solicitors on our panel.
Get In Touch About A Misdiagnosis Claim
We hope this guide on making an ovarian cancer misdiagnosis claim has helped. However, if you have any other questions, please get in touch with our advisors. They can help assess whether you could claim compensation for a doctor’s failure to treat cancer or another form of medical negligence relating to a cancer diagnosis.
You can get in touch by:
- Calling an adviser at 0800 408 7827
- Using the chatbox below
- Filling in our contact form with your request
Further Information About Ovarian Cancer Misdiagnosis Claims
More medical negligence claims that may be useful:
- How To Calculate Hospital Negligence Payouts
- Maximum Payouts For Hospital Negligence Claims In The UK
- Can I Sue A Hospital For Negligence?
External resources that could help:
- Ovarian Cancer – Guidance from Cancer Research UK about the symptoms of ovarian cancer
- General Medical Council – Information on good medical practice for doctors
- NHS Constitution For England – Government webpage outlining the principles and values of the NHS in England
We hope this guide has provided useful information about when you could be eligible to claim compensation after an ovarian cancer misdiagnosis. If you still have questions, reach us using the provided details above.
Guide by NF
Editor NM