If you have received a negligent misdiagnosis of pancreatic cancer or were negligently diagnosed with another illness before being correctly diagnosed with pancreatic cancer, you could be entitled to bring a case for damages. This guide about pancreatic cancer misdiagnosis claims will aim to answer any questions you may have.
A pancreatic cancer misdiagnosis can lead to serious consequences such as prolonged medical treatment, other illnesses, and both mental and physical suffering. If you have suffered medical negligence you could claim compensation.
Key Points To Remember For Pancreatic Cancer Misdiagnosis Claims
- If you receive substandard medical care and this harms you, you could claim compensation.
- Your compensation will be affected by the severity of the harm suffered and any claimable financial losses.
- You generally have three years to start pancreatic cancer misdiagnosis claims. This can be from the date you realised negligence happened and not the date it occurred.
- You will need evidence to support your claim.
- Our panel of experienced medical negligence solicitors can help you on a No Win No Fee basis.
Learn more about cancer misdiagnosis claims by contacting our highly experienced team. You can do this by:
- Calling us on 0800 408 7826.
- Filling in our contact form.
- Using the live chat option below.
Select A Section
- Pancreatic Cancer Misdiagnosis Claims Compensation Calculator
- Can I Make A Pancreatic Cancer Misdiagnosis Claim?
- How Could Medical Negligence Lead To Pancreatic Cancer Misdiagnosis?
- What Can Pancreatic Cancer Be Misdiagnosed As?
- How To Prove Pancreatic Cancer Misdiagnosis Claims
- Can I Make A Pancreatic Cancer Misdiagnosis Claim On Behalf Of A Loved One?
- No Win No Fee Pancreatic Cancer Negligence Claims
- More Information On Medical Negligence Compensation Claims
Pancreatic Cancer Misdiagnosis Claims Compensation Calculator
How much compensation you will receive for pancreatic cancer misdiagnosis claims will depend on how severely you were affected by the misdiagnosis. The compensation is split into two heads of claim, called general and special damages.
General damages are for the unnecessary physical and psychological harm that you have suffered as part of your negligent treatment. The level of these damages is affected by the severity of the harm, how long it took to settle and how it impacted your life. If the harm is ongoing, then this again will be a factor.
Legally qualified professionals may use the Judicial College Guidelines to help determine the size of general damages. This is a document that contains a list of injuries and suggested compensation guideline brackets for them.
Below is a table with some injuries and their JCG bracket. They are just guidelines but they can help you think about potential compensation. Please note that the first line in the table is not from the JCG.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple injuries and instances of special damages | Very serious injuries and significant special damages, including long-term care calls and loss of earnings. | Up to £1 million or more |
| Bowel injuries | Serious (b): Leading to loss of bowel function and dependence on a colostomy bag. | Up to £183,190 |
| Serious (d): Abdominal injury leading to a restrictive diet or temporary colostomy bag. | £54,420 to £85,100 | |
| Post-Traumatic Stress Disorder | Severe: All aspects of everyday life are badly affected and unable to return to pre-PTSD. | £73,050 to £122,850 |
| Moderately Severe: Disabling PTSD that will likely get better. | £28,250 to £73,050 | |
| Lung injuries | Serious (b): Cancer that has spread to the lungs, causing ongoing pain and severely impacting life. | £85,460 to £118,790 |
| Digestive System injuries | Severe: Continuing acute pain, diarrhoea , and vomiting that affects life to an unenjoyable degree. | £46,900 to £64,070 |
| Serious: Disturbance of bowel function for several years. | £11,640 to £23,430 | |
| Spleen injuries | Serious (a): Damage to the immune system leading to continued infection risk. | £25,380 to £32,090 |
| Psychiatric Damage | Moderate: Daily activities will be affected but there is a prognosis of recovery. | £7,150 to £23,270 |
Can Special Damages Cover My Lost Earnings?
As well as general damages, pancreatic cancer misdiagnosis claims can include special damages. These compensate you for the financial losses you have, or will have in the future due to your injuries.
Medical negligence leading to a delayed pancreatic cancer diagnosis can mean you are forced to take an extended break or leave work entirely. This then can cause a loss of earnings. Gathering evidence is essential to show that your loss of earnings was a direct cause of medical negligence.
Other items of special damage could be claimed, including:
- Care costs
- Private medial treatment
- Rehabilitation costs
- Travel expenses
To check if there is a loss that you would like to include in your claim, you can contact an advisor for some free advice.
Can I Make A Pancreatic Cancer Misdiagnosis Claim?
For pancreatic cancer misdiagnosis claims to be successful, three elements need to be proved. These are:
- You were owed a duty of care
- A medical professional fails to meet this duty
- You suffered unavoidable harm as a result
As a patient, there is an automatic duty of care that applies to you from medical professionals. To meet this duty, they must provide the minimum accepted standard of care. We will look at some specific examples of potentially strong cases later in this guide but meeting this duty could include:
- Listening to a patient’s symptoms and concerns properly
- Taking an accurate medical history
- Adequately updating medical records
- Performing a correct and thorough physical examination
- Ordering tests that meet the minimum standard of care in the situation, e.g. blood tests, X-rays or ultrasound scans.
- Timely referral where warranted
This list is not exhaustive and there are many ways that medical negligence can happen. If you think your misdiagnosis involved medical malpractice, you can always call us for a free case assessment.
Another consideration when making a claim is that you are still in time to do so. You generally have three years to file a medical negligence misdiagnosis claim, though this time frame can vary. For instance, in misdiagnosis claims, it could be several months later before you realise that anything was wrong with your treatment or advice. The three years can run from this time, which is called the date of knowledge.
There are other exceptions for children or those who lack mental capacity and you can check these with an advisor if they apply to you or a loved one.
How Common Is Pancreatic Cancer?
Per Cancer Research UK, on average, 30 people in the UK will be diagnosed with pancreatic cancer each day. This adds up to 10,800 diagnoses each year. Due to it being the 10th most diagnosed cancer (the stats differ slightly for men and women), it is not one of the most common cancers.
Cancer Research UK further states that approximately 37% of pancreatic cancer cases are preventable. Given the devastating impact this cancer can have, the National Institute For Health And Care Excellence (NICE) has detailed guidelines for medical professionals, which include encouragement to carefully manage those with a high inherited risk of pancreatic cancer.
How Could Medical Negligence Lead To Pancreatic Cancer Misdiagnosis?
Here are some examples of pancreatic cancer misdiagnosis that could be a result of medical negligence include:
- A GP fails to recognise the symptoms of pancreatic cancer, such as nausea, digestive issues, and jaundice in the eyes. The patient’s family history is also not explored, and this would have shown that their father passed away due to pancreatic cancer. The GP misdiagnoses the patient with irritable bowel syndrome (IBS), resulting in a delay in treatment.
- The test results of two patients are mixed up, and someone who has pancreatic cancer is misdiagnosed as having a gallbladder problem. It is several months before this mistake is rectified.
- A patient presents to their GP with signs of pancreatic cancer, including weight loss, but the GP is dismissive of these symptoms and tells the patient they have a gluten intolerance and fail to order any tests that would have led to a correct cancer diagnosis.
There are many ways that pancreatic cancer could be negligently misdiagnosed, but it is important to bear in mind that not every misdiagnosis will be negligent. The medical professional must fail to meet the minimum standard of care, as discussed earlier.
We offer a free case assessment, so if you are unsure whether you have a potential claim, you have nothing to lose by contacting an advisor.
What Can Pancreatic Cancer Be Misdiagnosed As?
The symptoms of pancreatic cancer can include:
- The whites of the eyes turn yellow (jaundice)
- Loss of appetite or unintentional weight loss
- Low energy or feeling tired
- A high temperature, feeling hot or shivery
- Feeling sick
- Vomiting
- A change in bowel habits
- Pain at the top of the tummy and back, which is worse when eating or lying down.
These symptoms can be present in a number of other medical conditions, so it is possible for pancreatic cancer to be misdiagnosed as:
- Gallbladder problems
- Heartburn or acid reflux
- Peptic ulcers
- Inflammation of the intestines (diverticulitis)
- Irritable bowel syndrome (IBS)
- Fibromyalgia
If your cancer, or the cancer of a loved one, was diagnosed as another condition and this was negligent, then you could explore making a compensation claim.
Consequences Of Pancreatic Cancer Misdiagnosis
If you develop pancreatic cancer but medical negligence means it isn’t diagnosed in the early stages, there could be serious consequences. One consequence is that you may require more or tougher cancer treatment.
This, in turn, could cause added health issues or exacerbate pre-existing health conditions. Another is that you may have to receive private medical treatment or extra care at home. There is also the psychological impact that a negligent misdiagnosis can have on you.
Many of these aspects can be part of a compensation claim, and you can discuss them further with an advisor.
How To Prove Pancreatic Cancer Misdiagnosis Claims
Pancreatic cancer misdiagnosis claims require evidence to give you the best chance of winning. Medical records such as GP appointments, all tests run, and visits to Urgent Treatment centres or Accident & Emergency departments are essential.
Additionally, payslips that prove how much money you would usually earn (for loss of earnings), bills for any in-house care if applicable, and receipts for medical expenses or travel are all important.
The more evidence you have that proves the effect a misdiagnosis of pancreatic cancer has had on your life, the better. An expert solicitor from our panel could help you with the evidence in your claim.
Can I Make A Pancreatic Cancer Misdiagnosis Claim On Behalf Of A Loved One?
There are circumstances in which you can claim on behalf of a loved one. These fall into three main categories:
- Those who are under 18 (minors)
- People who lack the mental capacity to bring a claim
- When the negligent pancreatic cancer misdiagnosis causes the death of a loved one
A suitable adult can claim on behalf of minors and those lacking capacity as a litigation friend. The person appointed as a litigation friend will be in charge of making decisions about the case and should also keep the claimant informed as the claim progresses. The court will approve a litigation friend as part of the proceedings.
There are special rules about how compensation claims work when medical negligence causes death, and we invite you to click the link to learn more.
No Win No Fee Pancreatic Cancer Negligence Claims
The medical negligence solicitors from our panel can help you on a No Win No Fee basis. They can do this by offering you a Conditional Fee Agreement (this is a type of No Win No Fee agreement). This has some advantages that you might find useful:
- Your solicitor can start work without the need for you to pay upfront for their fees
- As the claim continues, you will not need to pay your solicitor for their ongoing work
- If your claim is unsuccessful, you will not need to pay your solicitor for the work that they have done
At the end of a successful case, your solicitor will deduct a small percentage of the compensation as a success fee. The percentage is legally capped, and you will keep the majority of the award or settlement.
If you would like to see if you are eligible to claim on a No Win No Fee basis, contact an advisor. They can assess your case quickly and for free. If eligible, they will connect you with an expert medical negligence solicitor.
Contact Us
If you still have questions, you can reach out to an advisor by:
- Calling us on 0800 408 7826.
- Filling in our contact form.
- Using the live chat option below.
More Information On Medical Negligence Compensation Claims
Here are some guide by ourselves:
Read more about medical negligence claims in our FAQs.
Find out what to do for NHS medical negligence claims.
Discover more about hospital negligence claims.
Here are some external resources:
Pancreaticcancer.org – find out more about pancreatic cancer signs and symptoms.
Gmc-UK.org – discover what your doctor should do for you.
GOV.UK – learn more about litigation friends and how the process works.
Thank you for reading our guide about pancreatic cancer misdiagnosis claims.