By Cat Mulligan. Last Updated 11th October 2023. Testicular cancer misdiagnosis can occur for a number of reasons. But, if you are misdiagnosed as a result of medical negligence, then you could be able to make a claim for compensation. We will explore the eligibility criteria in more detail throughout this guide.
Additionally, we will explain compensation in medical negligence claims, and how legal professionals calculate settlement awards.
Following this, our guide will also discuss how cancer misdiagnosis can happen and explain who can claim for the misdiagnosis of testicular cancer.
Lastly, we will discuss how you could strengthen your potential claim with the help of evidence as well as how a solicitor from our panel could assist you throughout the claims process.
Our advisors are also here to help. If you have any further questions, or if you would like to access free legal advice, get in touch with our team today for a free consultation. To get in touch:
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- Compensation Payouts For Testicular Cancer Misdiagnosis
- Could I Claim For Misdiagnosed Testicular Cancer?
- How Do I Prove A Cancer Misdiagnosis?
- Why A Testicular Cancer Misdiagnosis Could Happen
- Make A Testicular Cancer Misdiagnosis Claim On A No Win No Fee Basis
- Find Out More About Testicular Cancer Misdiagnosis Claims
There are two potential heads of claim that you could receive if your testicular cancer misdiagnosis claim succeeds. These are general damages and special damages. General damages cover the suffering and the pain that you endure as a result of medical negligence.
Legal professionals use the Judicial College Guidelines (JCG) to help them value general damages. The JCG contains a list of illnesses and injuries alongside corresponding guideline compensation amounts. You can find some examples of these guidelines in the table below. However, please note that these figures are not guaranteed, and are guidelines only.
|Male Reproductive System (a)
|In excess of £153,870
|Total loss of reproductive organs. The impact on fertility will be considered when valuing the award.
|Male Reproductive System (b)
|£114,900 to £148,320
|The case of a young person experiencing impotence and total loss of sexual function.
|Male Reproductive System (f)
|£20,070 to £22,580
|An orchidectomy, the removal of the testicles, is performed causing a psychological impact but no loss of sexual function or impotence.
|Very Severe Brain Damage (a)
|£282,010 to £403,990
|The person needs full time care.
|Lung Disease (a)
|£100,670 to £135,920
|A young person with a serious disability with a chance of the condition worsening progressively and leading to an early death.
|Lung Disease (b)
|£70,030 to £97,330
|Cases of lung cancer typically in an older person causing severe pain and impairing function and quality of life.
How Are Special Damages Awarded In Misdiagnosis Claims?
Special damages are the head of claim that addresses the financial effects of your negligent misdiagnosis. For example, under special damages, you could recover the cost of:
- Medical treatment such as scrotal reconstruction or implants
- Travel to and from the hospital
- Home adjustments
- Domestic care and help
However, you should produce evidence to support these costs in order to claim them back. Keep any receipts or invoices you receive for related expenses for this reason.
To learn more about the compensation for medical negligence you could receive, get in touch with our team. Alternatively, continue reading to find out when you could be eligible to claim.
In order to claim for a testicular cancer misdiagnosis, you have to be able to prove that:
- The medical professional treating you owed you a duty of care
- They breached this duty
- You experienced unnecessary or avoidable harm as a result. This forms the basis of medical negligence for which you could seek compensation.
The duty of care medical professionals owe to their patients means they must provide care that meets the correct standard. This duty applies to all medical professionals. However, the ways in which a medical professional is expected to uphold this duty of care can vary depending on the specific area of medicine they practice in. For example, the General Medical Council offers guidance to doctors about their duties.
If a medical professional fails to uphold their duty by providing you with a substandard level of care, it could lead to you suffering harm that could have been avoided. However, it’s important to note that some cases of a misdiagnosis are unavoidable.
For example, if your doctor orders the correct tests but the results do not show any abnormalities, leading to a misdiagnosis, then you may not be able to claim. This is because the care they gave you met the minimum standard, and they did not act negligently. Similarly, if your misdiagnosis did not cause you any harm, then you may not be able to make a claim.
What Is The Time Limit For Cancer Misdiagnosis Claims?
You may be wondering how long a medical negligence case could take. Every claim is different, so we cannot provide an average length of time. However, there is a time limit in place for starting your claim. This is laid out by the Limitation Act 1980, and generally spans three years from the date of medical negligence or the date that you connect your misdiagnosis with medical negligence.
There are some exceptions to this rule. To learn about these exceptions, or to find out if you could be eligible to claim following a negligent testicular cancer misdiagnosis, get in touch with our team.
When making a claim for testicular cancer misdiagnosis compensation, one of the most important steps is collecting evidence. Evidence can help prove a number of aspects of your claim, including who is responsible for the harm you suffered, the severity of the harm you suffered, and how it will affect your daily life.
Some examples of evidence that you could collect to help prove your cancer misdiagnosis claim include:
- Witness contact details: Taking the contact details of witnesses, such as a chaperone to an appointment, means that their statements can be taken at a later date.
- Medical records: Your medical records can detail the treatment you received, as well as the dosages of medications you were given.
- A symptoms diary: Keeping a symptoms diary tracking the harm you suffer as a result of your misdiagnosis creates a record that can be used as evidence.
Your claim may also be put to the Bolam test. This is when the actions of the medical professional treating you are assessed by a panel of experts in their field who then determine whether they acted negligently.
To learn more about how to prove a medical negligence claim, contact our team of advisors today.
There are many ways that testicular cancer misdiagnosis can happen. However, as we mentioned earlier, you can only make a claim for compensation if the cause of your misdiagnosis was medical negligence. Some examples of how a misdiagnosis could occur include:
- Your doctor fails to refer you for further testing after showing clear symptoms of testicular cancer, such as a swelling or lump in one of your testicles.
- An administrator in a hospital may mislabel your blood sample, which results in you receiving another person’s diagnosis and treatment.
- You may be summoned for further tests, but a clerical error means you do not receive the letter, which means you receive a delayed diagnosis.
If your cancer is misdiagnosed and you don’t receive the treatment you need, this could allow it to spread. In cases of testicular cancer, it can spread to the lungs, liver, brain and bones. This can cause your symptoms to worsen, and mean that you need more invasive treatment. Alternatively, you may receive the wrong treatment for a condition you don’t have, such as unnecessary surgery.
Our team are here to help if you would like more information on claiming for medical negligence. Through a free consultation, one of our advisors can evaluate your claim, and tell you whether or not you could be eligible to work with a solicitor from our panel.
A medical negligence solicitor from our panel could help you through the claims process by offering their services under a No Win No Fee arrangement. A Conditional Fee Agreement (CFA) allows you to access the services of a solicitor, generally without having to pay upfront. Similarly, your solicitor typically won’t require any ongoing payments as they work on your claim.
Should your misdiagnosis claim succeed, then your solicitor will take a success fee from your compensation. However, this amount has a legislative cap, which helps ensure that you keep most of your settlement. If your claim does not succeed, then you will not pay this fee.
Get In Touch With Our Team
Contact our team today to find out how a solicitor from our panel could help you through the process of making a medical negligence claim. To get in touch:
To learn more about medical negligence, our other articles can help:
- Leukaemia Misdiagnosis Compensation Claims
- Can I Claim Compensation For A Prescription Error?
- Common Prescription Error Examples
Or, for more resources:
For more information on when you could be eligible to make a testicular cancer misdiagnosis claim, get in touch with our team.