By Danielle Newton. Last Updated 2nd May 2023. A leukaemia misdiagnosis could potentially have significant consequences. The person involved may, for example, receive delays in their treatment which could reduce their survival rate.
In some circumstances, a misdiagnosis may be the result of medical negligence. You could claim compensation if it can be proven that this was the case.
This guide will explore the eligibility criteria for making a medical misdiagnosis claim in detail. We’ll provide you with crucial information on time limits and how to prove liability. And we explain how you can make a claim with a No Win No Fee solicitor.
If pursuing compensation for misdiagnosed leukaemia is something you’d like to explore, you can get in touch with us today. We offer everyone a free case check with no obligation to proceed with a claim.
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- Leukaemia Misdiagnosis Compensation Payouts
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In a successful medical negligence claim, the compensation awarded may come in two parts, otherwise known as ‘heads of claim’. They are general damages and special damages.
First, general damages are awarded to compensate you for any physical pain, psychological suffering and negative impact on your quality of life.
Special damages relate to the financial losses you’ve experienced as a result of the misdiagnosed leukaemia. We’ll discuss this further below.
We always feel it’s useful to give you an idea of potential compensation payouts before making a claim. This empowers you with knowledge and helps you make more informed decisions down the line.
While there are no definitive compensation payouts for a leukaemia misdiagnosis—every case is unique and therefore attracts different awards—there are guideline figures, which you can see in the table below. They come from the Judicial College Guidelines, a publication used by lawyers to help value injuries. If left untreated certain types of leukaemia can spread to other body parts: some of these have been included in the table below.
|Brain Injury – Moderate (i)
|£150,110 to £219,070
|Significant risk of epilepsy, and no prospect of employment.
|Brain Injury – Moderate (ii)
|£90,720 to £150,110
|Ability to work is greatly reduced and there is some risk of epilepsy.
|Back Injuries – Severe (i)
|£91,090 to £160,980
|Spinal cord and nerve roots damaged.
|Reproductive System: Male
|£20,070 to £22,580
|Cases of orchidectomy with some psychological consequences.
|£20,800 to £26,290
|Continuing risk of internal infection because of loss of spleen.
Get in touch on our free helpline if you’d like a more precise claim valuation. Once we know more about the facts of your case, we can provide more tailored advice.
What Are Special Damages And How Are They Calculated?
As mentioned above, claiming compensation for any financial losses caused by misdiagnosis is possible.
For example, if you’ve had to take unpaid time off work to go to doctor’s appointments, you can claim that money back as part of your medical negligence claim.
Here are examples of some other things you could claim back:
- Medication costs. If you’ve had to buy extra medication, either over the counter or via prescription, these costs can be recovered
- Loss of earnings. As mentioned above, you can claim any lost earnings if you didn’t get paid while taking time off due to the misdiagnosis.
- Care costs. If you’ve had to pay for help and support, or if a family member has given up their time to help, you can be compensated for this.
- Travel costs. If you’ve had to travel to different places, perhaps for tests or to visit your solicitor, you can also claim these costs.
In order to succeed with a special damages claim, you need evidence. Therefore, keep anything that proves the expense or loss, such as wage slips and bus tickets.
To make a successful claim following a misdiagnosis of leukaemia, there are certain criteria that you need to meet. These are:
- That you can prove that the healthcare professional who misdiagnosed you owed you a duty of care
- They breached that duty of care
- And, as a result of that breach, you suffered harm
Generally, all healthcare professionals, like doctors and nurses, owe their patients a duty not to cause any avoidable harm. This is, therefore, straightforward to prove.
The difficult part of a medical misdiagnosis claim is often proving a breach of duty. Under medical negligence, it’s necessary to show that another similarly qualified healthcare professional would have acted differently. For example, your treating doctor may have failed to spot clear symptoms of leukaemia or perhaps failed to refer you for further tests. If another doctor had acted differently, you could establish a breach of duty.
It’s also necessary to prove that you suffered harm because of the breach of duty. A delayed diagnosis, for instance, could cause you to suffer for longer and may impact your chances of survival.
The medical negligence claims process can be tough to navigate, but we can help. The specialist solicitors on our panel have decades of experience handling these cases. They know the right ways to present a case and can help get you the compensation you could be entitled to.
If you’d like to see if you can make a claim, simply get in touch with us at the number above.
Cancer Misdiagnosis Claim Time Limits
There is another piece of criteria you need to consider if thinking of making a leukaemia misdiagnosis claim, and that’s the time limit.
The Limitation Act 1980 sets out the statutory time limits applicable to compensation claims. In other words, this is the period of time you have to take legal action. This is:
- 3 years from the date of the initial misdiagnosis
- However, in some cases, you can argue that the time limit begins from the date you obtained knowledge of the misdiagnosis and suspected it was, in part, the fault of the defendant
In cases involving children under 18, the time limit is frozen until their 18th birthday. It then runs until their 21st birthday. However, a claim can be made on their behalf before that time.
Click Here To Learn More About Time Limits In Medical Negligence Claims
As previously stated, to be able to make a medical negligence claim for a leukaemia misdiagnosis, you will need to prove that you suffered unnecessary harm due to a medical professional breaching their duty of care.
Collecting sufficient evidence could help support your case. Some examples of the evidence that could be collected for medical misdiagnosis claims include:
- Your medical records, confirming your leukaemia diagnosis and the treatment you are receiving.
- Correspondence between yourself and your healthcare practitioner regarding the treatment you received.
- A diary detailing your symptoms and the impact they have on your quality of life.
Additionally, one of the solicitors on our panel could help you with collecting evidence for your claim and guide you through the medical negligence claims process.
Contact our advisors today to discuss your medical negligence claim and receive free advice. If one of our advisors thinks you may have a valid claim, they could connect you with a solicitor from our panel.
If you’d like to make a claim for leukaemia misdiagnosis compensation, you may find the process a whole lot easier with the help of a solicitor.
As we’ve seen above, a lot goes into a medical negligence claim, from obtaining evidence to establishing liability. It can be overwhelming if you don’t have much legal experience.
Thankfully, services like ours exist that make the process of making a claim easy and accessible.
Under a No Win No Fee agreement, a solicitor on our panel does not require upfront fees. And if the claim doesn’t lead to a successful outcome, you do not have to pay your solicitor any fees.
You have to pay your solicitor a fee if your case is successful. And that comes in the form of a percentage of your compensation award, meaning no money comes directly out of your pocket.
Get In Touch With Our Team
Get in touch today if you’d like to enquire about making a leukaemia misdiagnosis claim. We offer everyone who gets in touch a free case check to see if their claim meets the eligibility criteria. If it does, we can connect you with a specialist medical negligence solicitor who will work on your case immediately.
You can speak with us in any of the following ways:
- Calling us on 0800 408 7825
- Chatting with us now via our live chat box
- Or write to us with details of your case here
If you’d like to learn more about making a medical negligence claim or about claiming leukaemia misdiagnosis compensation, the links below may help: