My Leukaemia Was Misdiagnosed – Could I Claim Compensation?

If your leukaemia was misdiagnosed because a medical professional breached the duty of care they owed you, then you may be wondering if you are eligible to receive compensation. If so, then we could help.

This guide covers various helpful subjects surrounding this topic, including evidence you can gather to support your claim, and how much compensation you could be awarded in a medical negligence claim for the misdiagnosis of leukaemia. We’ll also look at the impact that misdiagnosis could have on your well-being and the advantages of working with a solicitor on a No Win No Fee basis.

If you would like to know more about the claims process, please get in touch. Our advisors are always here to help. You can contact us in any of the following ways:

leukaemia was misdiagnosed

My Leukaemia Was Misdiagnosed, Could I Claim Compensation?

Browse Our Guide

  1. Could I Claim If My Leukaemia Was Misdiagnosed?
  2. Types Of Evidence Which Can Support Your Claim
  3. How Could Leukaemia Misdiagnosis Impact You?
  4. Potential Compensation When Leukaemia Was Misdiagnosed
  5. Could I Make A No Win No Fee Claim For Medical Misdiagnosis?
  6. Further Information On Leukaemia Misdiagnosis Claims

Could I Claim If My Leukaemia Was Misdiagnosed?

If your leukaemia was misdiagnosed, then you need to prove that any pain and suffering you experienced stemmed from an instance of medical negligence. This is when a medical professional delivers a standard of care that falls below the accepted standard, and this substandard level of care causes unnecessary or avoidable harm.

Just because you have experienced pain and suffering in the course of receiving medical care does not automatically entitle you to make a claim. There are many forms of treatment in a medical setting that can cause harm, despite you receiving the right level of care. For example, if you need to undergo any kind of surgery, then this could mean that an incision needs to be made, and it might be painful as you recover or leave a scar. However, provided that you needed the operation and it was carried out in accordance with the duty of care you’re owed, you’d be unable to claim.

Similarly, there might be instances where your condition is misdiagnosed but this is not classed as medical negligence. For example, if the symptoms you were exhibiting were not typical of your condition, then a doctor might not be expected to make the right diagnosis based on the information they have.

What Time Limits Apply To Medical Negligence Claims? 

The Limitation Act 1980 tell us that, generally, you have 3 years to begin a medical negligence claim. However, in cases of cancer misdiagnosis claims, it may be the case that you do not realise you have been misdiagnosed as soon as this happens.

The date you knew, or should have known, that the harm you experienced was caused by negligence can be used as the start of the time limit in these circumstances. This is known as the “date of knowledge”.

There are two exceptions to the typical 3-year time limit:

  • Claimants under 18 – Children cannot pursue their own claim. A litigation friend can be appointed to do this on their behalf while they’re underage. This can be someone like a parent/guardian, or even a family friend over 18 years old. The time limit to make this claim is suspended until the child turns 18, at which point they
  • Claimants with a reduced mental capacity – If a claimant does not have the mental capacity to claim themselves their time limit is suspended. It’s suspended indefinitely unless a recovery is made which means the claimant can pursue compensation themselves.

Get in touch today if you wish to know if you are within the time limit for claiming after your leukaemia was misdiagnosed because of medical negligence.

Types Of Evidence Which Can Support Your Claim

When making a claim for pain and suffering caused by a missed diagnosis, you need to provide evidence that the duty of care you were owed by the medical professional was breached and that this was the direct cause of the harm you experienced. For example, you might be asked to attend an independent medical assessment and the medical report that this generates could be used to support your claim.

Below are some examples of the evidence you can provide:

  • Your medical records – You can request these at any time
  • Witness contact details – This means that a statement can be taken
  • A diary of your symptoms – This can be used to show how the misdiagnosis impacted you.

The Bolam test might also be utilised in support of your claim. This is when a medical professional’s peers are asked whether the actions of the professional fell within the duty of care.

Get in touch today to find out more about proving medical negligence. If your claim is valid, you could be connected with a No Win No Fee lawyer from our panel to work on your claim.

How Could Leukaemia Misdiagnosis Impact You?

If your leukaemia was misdiagnosed, then the effect on your health could vary. For example, if you do not have leukaemia but are told that you do, then you might be given the wrong medication or undergo unnecessary surgery or chemotherapy causing you harm. Additionally, if you have a condition that has been wrongly diagnosed as leukaemia, then this could also get worse due to a lack of proper treatment.

In the event that you do have leukaemia, and it was misdiagnosed as another illness, then this could also cause the condition to progress. The delay in treatment could cause the cancer to spread to other parts of the body, making it more difficult to treat. For example, it might need more intensive treatment than it otherwise would have. In some cases, the leukaemia could become terminal if left undiagnosed, or if it’s diagnosed too late.

If you would like to know more about the impact that a negligent misdiagnosis could have, and the steps that are involved in claiming, speak with a member of our team today. They can also give you advice on how to report a doctor or other medical professional.

Potential Compensation When Leukaemia Was Misdiagnosed

If you make a successful medical negligence claim after your leukaemia was misdiagnosed, your settlement could be made up of two heads of claim:

  • General damages
  • Special damages

General damages are awarded to compensate you for the physical and mental impact of the harm you were caused. Legal professionals will use a publication called the Judicial College Guidelines (JCG) to help them work out how much your claim could be worth.

The JCG is a publication containing compensation brackets for a number of psychological and physical effects that negligence can have. We have included some example extracts in the table below. However, the value of your own claim will differ so this should only be used as a guide.

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Injury Description Amount
Brain (a) Very Severe – Evidence of meaningful response to environment is very limited or non-existent. A requirement for full-time nursing care. £282,010 to £403,990
Brain (b) Moderately severe – The result will be very serious disability with an ongoing need for professional and other care. £219,070 to £282,010
Brain (c) (i) Moderate- Moderate to severe impact on intellect. Impact on senses and risk of epilepsy. £150,110 to £219,070
Back (a) (i) Severe – Damage to the nerve roots and spinal cord. £91,090 to £160,980
Back (a) (ii) Severe – Nerve root damage, impact on mobility and sensation. £65,740 to £130,930
Back (a) (ii) Severe – Chronic conditions such as severe pain, impaired agility and depression. £45,470 to £55,990
Mental anguish (e) When you think that your life is about to end, or your lifespan is about to be reduced £4,670

Special Damages In Misdiagnosis Claims

Special damages can also be awarded in successful medical negligence claims. This is a figure that could reimburse you for financial losses that have been caused by the negligent misdiagnosis and the subsequent impact it’s had on your health.

Here are some examples of costs that you could incur if your leukaemia was misdiagnosed:

  • Loss of earnings. It could be that your illness means you are incapable of working. Loss of earnings might also be awarded if you’re unable to return to work at all.
  • Medical expenses. For example, this could cover the cost of prescriptions.
  • Travel costs. For example, if you are left too ill to drive and require the use of taxis or public transport, then your claim could cover the cost of this.
  • Additional care at home. For example you may require specialist care as a result of your health deteriorating due to your misdiagnosis.

If you’d like to find out more about what special damages you could be awarded if your leukaemia was misdiagnosed as a result of negligence, get in touch with our advisors today.

Could I Make A No Win No Fee Claim For Medical Misdiagnosis?

All of the lawyers on our panel can work with their clients with a Conditional Free Agreement in place; this is a form of No Win No Fee agreement.

When you work with a No Win No Fee solicitor, this means that you pay them a legally capped percentage of your settlement following a successful claim. Otherwise, they do not take any fees for the work they’ve carried out on your case. Furthermore, you don’t need to pay them upfront or as the claim continues.

Get In Touch With Our Claims Team

Whilst there is no obligation to take your claim further just by speaking with us, we could forward you to a No Win No Fee solicitor if we think you have a valid claim. You can get in touch using the details below:

Further Information On Leukaemia Misdiagnosis Claims

The resources below may help you further understand whether you could make a medical negligence claim.

If you have further questions about claiming after your leukaemia was misdiagnosed because of negligence, speak with our team today.

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