Getting diagnosed with cancer can be a traumatising and heartbreaking event. However, it can be treated if diagnosed at an early stage. Testicular cancer is one such cancer which affects anybody with testicles, such as men, trans women and individuals assigned male at birth. According to research published by Macmillan Cancer Support, around 2,300 men in the UK are diagnosed with this kind of cancer every year.
A testicular cancer misdiagnosis is a medical error that could either lead to unnecessary treatment or delay the treatment you need. A misdiagnosis of this nature can occur due to a plethora of reasons, which we will explore in our guide. We will also explain how medical negligence compensation could be awarded for a successful cancer misdiagnosis claim. Additionally, we explore how to get a medical negligence claim started. We bring the guide to a conclusion with a look at how one of the No Win No Fee solicitors from our panel can help you.
Cancer misdiagnosis claims are a specific kind of medical negligence claim. Therefore, for more information on medical negligence claims, you can speak to our advisors:
- Call us on 0800 408 7825.
- Contact us online and we’ll call you.
- Talk to us directly on live chat.
Jump To A Section
- Am I Able To Make A Testicular Cancer Misdiagnosis Claim?
- How Is Testicular Cancer Diagnosed?
- The Common Symptoms Of Testicular Cancer
- What Testicular Cancer Misdiagnosis Compensation Could I Get?
- What Evidence Do I Need To Prove My Diagnosis Was Negligent?
- How Long Do I Have To Make A Claim For Testicular Cancer Misdiagnosis?
- Can I Make A Misdiagnosis Claim On A No Win No Fee Basis?
- More Information
Am I Able To Make A Testicular Cancer Misdiagnosis Claim?
While you’re receiving treatment from any medical professional, such as your GP, oncologist or surgeon, they have a duty of care towards you. This means that they must provide care and treatment which follows the standards of good professional practice. If they fail to provide you with this level of care and you unnecessarily suffer harm as a result, it is a breach of this duty.
Therefore, you need to prove the following to have an eligible testicular cancer misdiagnosis claim:
- The medical professionals responsible for your treatment and care owed a duty of care (this is automatically owed).
- They breached their duty of care by failing to provide a proper standard of care.
- Due to this breach, you suffered unnecessary harm.
There are many ways through which medical negligence could occur, leading to a testicular cancer claim:
- A failure to follow up on any symptoms you show or concerns you express. This could lead to tests and investigations not being conducted, which could’ve detected your cancer.
- The GP fails to follow up on your test results, leading to no diagnosis being given.
- Your test results are incorrectly recorded or understood. This could lead to a false negative.
- If your condition is incorrectly diagnosed, you may receive incorrect treatment or a delay in correct treatment.
- Your biopsy may be performed improperly, leading to an incorrect conclusion.
What If The NHS Misdiagnosed Me?
If a GP, hospital, or any other healthcare provider under the NHS misdiagnoses your cancer, you could claim against them. In this case, NHS Resolution will handle your cancer misdiagnosis claim. Through this scheme, the NHS sets aside money each year to resolve compensation claims against it. Therefore, you need not worry about drawing money from funds reserved for healthcare.
Suing the NHS isn’t very different from suing a private hospital, except for the source of compensation. While NHS payouts are given through NHS Resolution, a private hospital usually settles claims through liability insurance.
You can also complain to the Care Quality Commission (CQC) about medical negligence by both kinds of hospitals. This is an autonomous body which regulates health and social care within the UK.
Can I Claim On Behalf Of Someone Else?
You can claim on behalf of the following individuals:
- Minors (patients under the age of 18)
- Persons with reduced mental capacity.
Neither children nor those with reduced mental capacity can handle their own medical negligence claim. In order to claim compensation on their behalf, you’ll have to apply to become a litigation friend. The court will make the appointment once they are satisfied that:
- You’re capable of making fair and competent decisions for the person.
- There is no conflict of interest for you.
A litigation friend can claim on behalf of the above individuals until:
- The minor turns 18.
- The individual’s mental capacity returns.
This is because the time limits for claiming compensation would begin to apply in each of the cases. We’ll discuss this in more detail in the later sections.
Contact our advisors now for more information on NHS negligence payouts or claiming on behalf of somebody else.
How Is Testicular Cancer Diagnosed?
In order to understand how testicular cancer misdiagnosis occurs, let us discuss how the disease is diagnosed.
Your GP may recommend the following tests:
- A physical examination of your abdomen, penis or testicles for lumps or abnormalities.
- Blood tests to check for infection, the number of blood cells, liver and kidney function.
- Depending on the results of the above tests, your GP may recommend further tests like a CT scan, an MRI, ultrasound.
What Can Testicular Cancer Be Mistaken For?
Apart from a delayed diagnosis, the following misdiagnoses could occur:
- Testicular cancer is often mistaken for mumps. This is because mumps is an infection which causes swelling in certain areas, a common symptom of testicular cancer.
- Your testicular cancer could also be misdiagnosed as epididymitis or an infection in your testicular tube. This often leads to pain, swelling and inflamed testicles, another common occurrence in testicular cancer.
- A GP could also misdiagnose you with testicular torsion. This could happen when your testicle rotates, causing a reduction in blood flow, pain and swelling.
- The most common misunderstanding is the belief that your symptoms are due to a sexually transmitted disease. This can lead to a misdiagnosis or a delay in diagnosing the cancer. Such a misunderstanding is common with chlamydia, which often causes swelling in the penis or testicles.
The Impacts Of Misdiagnosed Testicular Cancer
There can be many devastating impacts of misdiagnosed testicular cancer, such as:
- Delayed diagnosis, which could result in it being too late by the time the cancer is discovered to treat it effectively, or it will require more intensive treatments had it been caught earlier.
- Unnecessary treatment: While we discussed examples of testicular cancer being misdiagnosed as other diseases, vice versa could also occur. This could lead to unnecessary chemotherapy, radiation or surgery, along with debilitating side effects.
- A failure to follow up on symptoms or test results may lead to an avoidable delay. This can cause the cancer to spread to other parts of the body and impact your chance of recovery.
Do you wish to sue your doctor for negligence? Speak to our advisors now.
The Common Symptoms Of Testicular Cancer
Here are some common symptoms which can play a huge role in a testicular cancer misdiagnosis:
- A lump or swelling in one of the testicles.
- Heaviness in the scrotum or a feeling of firmness or hardness.
- Pain or discomfort in the scrotum or a testicle.
- If the cancer has spread to other parts, like the lungs or the lymph nodes, there could be symptoms like pain in the chest or sudden weight loss.
Do you have any questions which we haven’t covered in this guide? View our medical negligence FAQs or have a chat with our advisors now.
What Testicular Cancer Misdiagnosis Compensation Could I Get?
Your testicular cancer misdiagnosis compensation will vary according to the circumstances of your case. A settlement for a claim for testicular cancer misdiagnosis may include compensation under the following heads:
- General Damages: This head deals with compensation for your actual illness or injury.
- Special Damages: This head deals with compensation for your financial losses due to the misdiagnosis.
Your medical negligence solicitor or another expert would normally rely on the Judicial College guidelines (JCG) to calculate general damages. This document lists guideline compensation amounts for different types of physical and mental suffering. We have provided a table below summarising some of the JCG figures relevant to testicular cancer. However, the top row is not quoted from the JCG, and this table is only meant to provide guidance.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages | Up to £250,000+ |
| Male Reproductive System- Total Loss of Reproductive Organs | In excess of £187,790 |
| Male Reproductive System- Complete Impotence and a loss of sexual function and sterility in a young person. | £140,220 to £181,020 |
| Male Reproductive System- Permanent sexual dysfunction or impotence in someone who already has children or wouldn't have had them | £52,490 to £108,310 |
| Male Reproductive System- Uncomplicated sterility in a young person without children | £68,430 to £87,080 |
| Male Reproductive System- Uncomplicated sterility in a person who already has children | £21,920 to £44,840 |
| Male Reproductive System- Orchidectomy without loss of sexual function | £24,490 to £27,560 |
| Male Reproductive System- Sterility in an older person where they would have been unlikely to have children | £8,070 to £22,800 |
| Bladder Injury- Seriously Impaired Control | £78,080 to £97,540 |
| Bladder Injury- Cancer Risk Cases - for a middle-aged man whose life expectancy has reduced by 15-20 years | £63,100 to £92,970 |
As far as special damages are concerned, the following may be included in your testicular cancer claim:
- Medical costs, including travel for hospital visits.
- Professional care
- Cost of aids like incontinence pads.
- Loss of earnings, including wages and benefits in the present and future.
- Care provided by a family member.
You’ll have to substantiate the above through financial documents like bills, bank statements and payslips.
If you need further guidance in valuing your testicular cancer compensation, you can call our advisors now.
What Evidence Do I Need To Prove My Diagnosis Was Negligent?
It is imperative to collect evidence in support of your testicular cancer misdiagnosis claim. Here are some examples of the proof which could help your case:
- Medical records like test reports, prescriptions, GP notes and correspondence with the hospital.
- Contact details of any person who accompanied you to the hospital for a witness statement.
- Personal written description of the misdiagnosis.
- Financial records to prove special damages.
- Employment records to highlight the impact on your ability to work.
Call our advisors now for help in collecting any kind of evidence for your claim.
How Long Do I Have To Make A Claim For Testicular Cancer Misdiagnosis?
The Limitation Act 1980 lays down a time limit of 3 years to start a testicular cancer misdiagnosis claim. This time limit begins from the date when the misdiagnosis occurs. Alternatively, it may begin on the date of knowledge. This means the date on which you knew or would have reasonably been expected to know that the harm you suffered was due to substandard care and treatment.
However, you may be able to seek an exemption from the limitation period if you are:
- A minor: If a minor suffers from testicular cancer negligence, they can’t claim before their 18th birthday. This is because minors cannot make their own claim. Therefore, the time limit pauses until the minor turns 18.
- Reduced Mental Capacity: It’s necessary for a person to possess the mental capacity in order to claim for themselves. Therefore, the time limit pauses for a person with diminished mental capacity. The time limit applies again if the person’s mental capacity returns.
As already discussed, an alternative to waiting for the time limit to commence is to become a litigation friend and claim on behalf of the above individuals.
Call us now and we’ll help you determine the time limit applicable to your claim.
Can I Make A Misdiagnosis Claim On A No Win No Fee Basis?
Making a testicular cancer misdiagnosis claim can be daunting, and you may be worried about the finances involved. However, in addition to helping you to build a strong case, our panel also has No Win No Fee solicitors. They offer their services through a Conditional Fee Agreement (CFA), which means that there is no payment for their work:
- Upfront
- During the proceedings
- In the event of an unsuccessful outcome.
If you win your case, you’ll have to pay your solicitor a certain percentage of your compensation. This is the success fee, on which the law has placed a limit to avoid extortion.
The medical negligence solicitors on our panel have extensive experience in handling cancer misdiagnosis claims. They’ll simplify the claims process for you and try their best to ease your worries.
Contact Public Interest Lawyers
Speak to one of the members of our advisory team. They can assess your claim and if it seems like it is valid, they could connect you to one of the medical negligence solicitors from our panel.
- Call us on 0800 408 7825.
- Contact us online and we’ll call you.
- Talk to us directly on live chat.
More Information
Thank you for reading our guide on claiming compensation for testicular cancer misdiagnosis. You can read these guides as well on our site:
- Information on oesophageal cancer misdiagnosis claims.
- Details on leukaemia misdiagnosis compensation.
- Our guide on sterilisation failure compensation.
You may find some of these external links helpful as well:
- Information on cancer from the NHS.
- Guidance from Cancer Research UK on mental health and cancer.
- Details from the NHS on chemotherapy.
