Lung Cancer Misdiagnosis Claims
If you have been misdiagnosed with lung cancer, you may be entitled to compensation if it can be demonstrated that the medical care or advice you received fell below the expected standard and caused harm to your health.
- SRA-regulated medical negligence experts
- No Win No Fee claims available
- Winning cases like yours for over 15 years
- Services available across England and Wales
Can I claim for lung cancer misdiagnosis?
Lung cancer is one of the most common cancers in the UK, accounting for 13% of all new cancer cases, with approximately 130 new diagnoses recorded daily. Attributed to various risk factors, from smoking to workplace exposures and air pollution, it will affect around 1 in 14 people during their lifetime. While prevalent, 79% of lung cancer cases are thought to be preventable.
If your condition worsens due to an incorrect or late diagnosis, you could be eligible to make a lung cancer claim. Medical professionals have a legal duty of care to their patients, so you are entitled to seek compensation for failure to meet this obligation – for yourself, or on behalf of a loved one.
Contact our medical negligence specialists to arrange an initial chat if you believe you are entitled to compensation, or to learn more about lung cancer claims. This free, no-obligation conversation will clarify your case and the process we follow to aid your decision and next steps. With 15 years of experience in cancer claims, our team knows how to advise you.
We also know how valuable making a claim can be in helping you move forward from a lung cancer misdiagnosis. Our No Win No Fee service enables you to claim with no upfront payments, and you generally won’t pay any legal fees if your case is unsuccessful.
What does lung cancer misdiagnosis look like?
If your lung cancer symptoms were missed or incorrectly ascribed to another condition, you’ve likely experienced misdiagnosis. Delayed diagnosis can negatively affect your condition and your treatment. In these cases, you could claim compensation for any avoidable harm.
- Similar symptoms – if early symptoms were misidentified as having another cause, giving the cancer time to grow and spread.
- Incorrect testing – such as missing tumours on X-rays and CT scans or errors in taking and testing biopsy samples.
- Administrative errors – lost, misinterpreted or mixed-up test results leading to delays in or unsuitable treatment.
- Relevant referrals – when necessary checks were not carried out on time or not recommended.
All these examples of lung cancer misdiagnosis can have a significant impact on you and your loved ones. If you have experienced these errors, our specialists can investigate the option of claiming fair compensation.
Types of lung cancer claims
There are two main types of lung cancer:
- Small cell lung cancer (SCLC): making up 15-20% of cases, this type of lung cancer is usually caused by smoking. It is characterised by early-spreading tumours that develop in the neuroendocrine cells of the lung.
- Non-small cell lung cancer (NSCLC): the most common type of lung cancer (80-85%) which has three main sub-categories:
- Adenocarcinoma starts in the mucus-making gland cells of your airways.
- Squamous cell cancer usually develops near the centre of the lung in the flat cells on the surface of your airways.
- Large-cell carcinoma, where cancer cells appear larger than a typical cell.
- Other less common NSCLC are adenosquamous carcinoma and sarcomatoid carcinoma.
- Rare cancers: other types of tumours can be found in the lungs, including salivary gland tumours, lung sarcoma and lung lymphoma, but these are rare. Some cancers in other parts of the body can spread into the lungs which is known as secondary lung cancer.
While the symptoms, testing and treatments can differ, errors can occur in the identification of all types of lung cancer. Whether you’ve experienced misdiagnosis of small cell lung cancer or non-small cell lung cancer, speak to our claims experts for guidance on seeking lung cancer misdiagnosis compensation.
Why make a lung cancer misdiagnosis claim?
Dealing with lung cancer can be difficult for you and your loved ones, especially when misdiagnosis has slowed or complicated treatment. The issues caused by medical malpractice can risk your long-term health, both physical and mental, and the relationships within your support network.
Compensation can’t correct lung cancer negligence, but it can improve your situation by:
- Covering the costs of essential care from quality private providers
- Reducing financial concerns related to time off work for treatment
- Validating your feelings of mistreatment to help towards closure
- Raising awareness to safeguard others against lung cancer misdiagnosis
Understanding whether you have a valid case for compensation is hard, and you may fear that the process of making a lung cancer claim will overwhelm you. So, take advantage of our legal expertise and let us lead the way while you focus on healing.
Our expertise in lung cancer misdiagnosis claims
Carla Duprey Solicitor in our Medical Negligence Team says;
“Getting compensation for missed lung cancer involves demonstrating that delays or errors in diagnosis directly impacted your prognosis or treatment options. Each case is unique, requiring a thorough review of medical records and expert testimony to establish where healthcare providers may have fallen short and what impact this has had. Our experienced solicitors will strive for the best possible outcome while supporting you and your loved ones every step of the way.”
FAQs about making a lung cancer misdiagnosis claim
The process starts with a free phone call to verify if you have a legitimate lung cancer claim. If we’re happy to take your case and you wish to go ahead, you can expect the following steps:
- Your solicitor will ask you to give them permission to obtain copies of your medical records, including details of the misdiagnosis and its impact on your treatment.
- Using this information and your testimony, they’ll create a written statement for your case. You’ll need to approve and sign this. We’ll send your written statement to independent medical experts for review.
- Once your solicitor has investigated your case, they will send a formal letter to the medical professional or organisation you’re claiming against. This letter will detail what happened and their part in causing you unnecessary harm through misdiagnosis. They’re required to review and reply to this letter within four months of receipt.
- Should the defendant admit liability, your solicitor will directly negotiate your financial compensation. If your claim is disputed, we will continue to pursue compensation until, if necessary, your case goes to Court to be considered by a Judge.
There are claim time limits for lung cancer misdiagnosis cases. You usually have three years to make a medical negligence claim, from the date the negligence occurred or the date you became aware that your lung cancer had been missed. Children and people mentally unable to claim for themselves have more time, and your solicitor will advise you of the specifics of your case.
Pursuing compensation immediately may feel too much, especially if you’re undergoing treatment. However, starting your claim as early as possible can make evidence gathering more straightforward, and give you earlier access to funds for care or to cover lost earnings.
For lung cancer misdiagnosis claims with a good chance of success, we can look at funding your case through No Win No Fee. This is sometimes referred to as a Conditional Fee Agreement.
Most of our claims are handled on this basis, so you generally won’t pay legal fees if you’re unsuccessful. Should you secure compensation, we’ll take a pre-agreed percentage of up to 25% for our time, expertise and support. You can be assured that your remaining funds will be fair compensation for your requirements. Explore more about how No Win No Fee negligence claims work.
Each case of lung cancer misdiagnosis is unique, and therefore there is no set amount of fair compensation. With all claims, our specialists will establish and negotiate an appropriate amount for the situation.
Factors affecting the final figure include:
- How your lung cancer has impacted you
- Financial consequences of being unable to work (if applicable)
- The severity of your condition
- Required future treatment or care
We follow current Judicial College Guidelines to ensure we’re claiming at or above nationally approved rates.
Whether it occurred in a private facility or through the NHS, you can claim for lung cancer negligence. NHS claims follow a different process, but our solicitors are well-versed in this method of pursuing compensation.
Don’t be concerned that claiming against the NHS will limit funds for vital health services. Rest assured, there is a separate budget for awarding fair NHS compensation in cases of misdiagnosis and other negligence. This budget is managed by NHS Resolution, the body responsible for determining claims against the NHS.
It’s possible to make a lung cancer claim on behalf of somebody else if they:
- Are younger than 18
- Don’t have the mental or physical capacity to claim themselves
- Have passed away
Becoming a litigation friend or a representative of a person’s Estate enables you to act in the interests of the claimant. You may have to go to Court if there’s a hearing. Remember that our legal team can advise you further if you’re unsure whether you’re eligible or what the process involves.
Why use Been Let Down for lung cancer misdiagnosis claims?
If you think you’ve been let down by a lung cancer misdiagnosis, we can help you through this difficult time. Here’s why you can trust us with your claim:
- Claim on a No Win No Fee basis, which is the finance option for the majority of our claims, and you generally won’t pay legal fees unless you win.
- We’re recognised by the Solicitors Regulation Authority and strive to exceed its standards.
- Our solicitors are members of highly regarded professional organisations such as the Association of Personal Injury Lawyers, The Law Society and Liverpool Law Society.
- For almost two decades, we’ve been a successful independent law firm, so you can trust our experience to represent your case and support you along the way.
- We’ve received hundreds of positive client reviews for our services.
Contact us about your lung cancer claim today
Lung cancer misdiagnosis can have serious consequences for your health and the lives of your loved ones. We’re here to help you whether you’re confident in your claim or need confirmation that you experienced medical negligence.
We can advise you. So, contact our solicitors today to discuss your situation and get insight into the claims process. You can call free on 0800 234 3234 or request a callback at a time when you’re available.
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Sara is a qualified Solicitor and Head of the Liverpool Clinical Negligence Department at Been Let Down.
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