Whether you were treated by the NHS or a private hospital, you should never be left suffering as a result of substandard care. In this guide, we’ll explain everything that you need to know about claiming compensation for ovarian cancer misdiagnosis, and how our expert solicitors could help.
Key Takeaways In Ovarian Cancer Misdiagnosis Claims
- Ovarian cancer is the 6th most common cancer among women in the UK
- Ovarian cancer can be misdiagnosed as gallstones, IBS, or heavy menstrual periods
- You need to start your claim within three years of the medical negligence taking place
- Medical negligence can occur within the NHS and in the private sector
- You could work with an expert solicitor under a No Win No Fee agreement
Our team of advisors are here to help. They can answer any questions you may have about the cancer misdiagnosis claims process, get in touch today by:
- Contacting us online
- Calling us on 0800 073 8804
- Using the live chat feature
Can I Make A Claim For Ovarian Cancer Misdiagnosis Claim?
To be eligible to claim ovarian cancer misdiagnosis compensation, you need to be able to establish medical negligence. To explain what medical negligence is, we first need to talk about duty of care.
When you receive treatment from a medical professional, they immediately owe you a duty of care. This means that the care you receive must meet a minimum standard. This duty of care applies to all medical professionals, but different disciplines may need to follow different steps.
For example, the General Medical Council (GMC) sets out professional standards for registered doctors, and the Nursing and Midwifery Council (NMC) discusses professional standards for nurses and midwives. While these may include different steps, the duty of care remains the same, and they all must provide treatment that meets the minimum standard.
Medical negligence occurs when:
- A medical professional owes you a duty of care
- They breach this duty
- You suffer unnecessary harm as a result
Harm can be unavoidable in some medical settings. For example, if you have cancer and need chemotherapy to recover, you wouldn’t be able to claim for the side effects of this treatment. This is because the harm is necessary to aid your recovery.
Our advisors can tell you whether or not you could have a valid ovarian cancer misdiagnosis claim when you get in touch.
What Is Ovarian Cancer?
Ovarian cancer happens when there are abnormal cells in the ovaries, and these grow uncontrollably into the surrounding tissue and organs. It can also spread throughout the body to other organs.
How Common Is Ovarian Cancer?
Ovarian cancer can affect anyone with ovaries, though the risk of developing it grows the older you get, with risk peaking between 75 and 79-year-olds. According to statistics published by Cancer Research UK, around 7,500 women are diagnosed with ovarian cancer every year in the UK. This makes it the 6th most common cancer in women.
Common Causes Of Ovarian Cancer Misdiagnosis
So, how could medical negligence result in an ovarian cancer misdiagnosis? Some examples of how this could occur can include:
- You visit your GP surgery, showing clear symptoms of ovarian cancer. However, instead of ordering more tests, your doctor tells you it’s just period pain and sends you home. This delays your treatment and causes it to spread, making your symptoms worse.
- A doctor misreads your test results that clearly show the presence of cancerous tumours in your ovaries, and they diagnose you with kidney stones instead. This allows the cancer to spread past the point of effective treatment.
- When you express your concerns to your doctor, they tell you you are too young to have cancer, and misdiagnose you with PCOS without fully listening to your symptoms. This not only causes physical harm, but also affects your mental health.
If you can’t see what happened to you reflected in these examples, you may still be able to claim. Contact our team today to learn more.
What Could Ovarian Cancer Be Misdiagnosed As?
Ovarian cancer can be misdiagnosed as a number of different illnesses and conditions, including:
- Poly-Cystic Ovarian Syndrome (PCOS)
- Endometriosis
- Irritable Bowel Syndrome (IBS)
- Gallstones
- Kidney stones
- Period pain
If you were harmed because your ovarian cancer was misdiagnosed as something else, contact our team of advisors today.
How Much Compensation Could You Get For Medical Negligence?
If you make a successful cancer misdiagnosis claim, then you will receive general damages. This is one of two potential heads of claim that can make up your medical negligence compensation.
General damages provide compensation for the pain and suffering you’ve endured as a result of medical negligence. This includes both the physical and mental effects of the misdiagnosis, but it also includes loss of amenity, which essentially means the effect it has had on your quality of life.
When this head of claim is calculated, the Judicial College Guidelines can be used to help. This document lists common injuries and illnesses beside guideline compensation brackets.
The table below contains some examples of JCG brackets alongside the top figure, which isn’t from the JCG.
| Injury | Compensation Bracket |
|---|---|
| Severe harm and financial losses, like lost earnings or the cost of mobility aids | Up to £1,000,000+ |
| Severe Psychiatric Damage | £66,920 to £141,240 |
| Severe PTSD | £73,050 to £122,850 |
| Female Reproductive Injuries (a) | £140,210 to £207,260 |
| Female Reproductive Injuries (b) | £52,490 to £124,620 |
| Female Reproductive Injuries (c) | £68,440 to £87,070 |
| Female Reproductive Injuries (d) | £21,920 to £44,840 |
| Female Reproductive Injuries (e) | £8,060 to £22,800 |
| Mental Anguish | £5,700 |
What Are Special Damages?
Special damages cover the financial losses that the misdiagnosis has caused you. Some examples of financial losses caused by ovarian cancer misdiagnosis can include the cost of:
- Lost earnings
- Childcare
- Travel to and from appointments
- Private healthcare to avoid NHS waiting times
- Prescriptions
- Home adjustments
- Mobility aids
To prove these losses, you can keep records of what you spend and save any relevant receipts, bank statements, or invoices.
Contact our team today if you’d like to learn more about compensation in cancer misdiagnosis claims, or keep reading for more information.
Time Limits In Cancer Misdiagnosis Claims
To make a valid claim, you need to make sure that you start proceedings within the time limit. This is generally three years, starting on the date that you were misdiagnosed, as per the Limitation Act 1980.
Alternatively, this time limit could begin on the date you first became aware that the harm you suffered was caused by a medical professional breaching their duty of care. This is often referred to as the date of knowledge.
However, you may still be able to claim if you fall outside of this time limit. There are some exceptions to the rule, which apply to:
- Under eighteens: While under the age of eighteen, you can’t claim for yourself. However, a litigation friend can make a claim on your behalf at any time up until you turn eighteen. If a litigation friend doesn’t start proceedings, you can make your own claim between your eighteenth and twenty-first birthdays.
- Those lacking the needed mental capacity: For those who lack the mental capacity needed to make a medical negligence claim, the time limit doesn’t apply, and a litigation friend can start proceedings at any time.
If you’d like to learn more about time limits in ovarian cancer misdiagnosis claims, contact our team today.
Funding Options In Ovarian Cancer Misdiagnosis Claims
Many people think that making a claim with a legal expert is expensive, but it doesn’t have to be. Our expert medical negligence solicitors all work under the terms of a Conditional Fee Agreement (CFA), which means that they can help you:
- Collect evidence to prove your claim
- Communicate with the defendant
- Negotiate a settlement
- Understand each step as it happens
- File your claim within the time limit
All without asking for upfront or ongoing payment for their services. Under this type of No Win No Fee arrangement, your solicitor will only take a success fee if you make a successful claim. This fee is a small percentage of your compensation, which is capped by law and taken directly from what you receive.
Contact Us
To find out if one of our expert No Win No Fee solicitors could help you make an ovarian cancer misdiagnosis claim, contact us today by:
- Contacting us online
- Calling us on 0800 073 8804
- Using the live chat feature
More Information
To learn more about making a medical negligence claim:
- Learn about making rotavirus compensation claims
- Get advice on making a pharmacy compensation claim
- Find out how to make a midwife negligence claim
Or, to find more resources:
- Make a complaint about a medical service provider to the Care Quality Commission (CQC)
- Get information on ovarian cancer from the NHS
- Information on coping with cancer from Cancer Research UK
Thank you for reading our guide on making ovarian cancer misdiagnosis compensation claims.