Lung Cancer Misdiagnosis Compensation Calculator

If you are successful with your claim you will recover compensation for your suffering. This may come in the form of general damages and special damages.

General damages compensate you for any physical or mental suffering resulting from the lung cancer misdiagnosis. Those responsible for calculating your general damages may refer to the Judicial College Guidelines (JCG). This document can be used to calculate claimant’s compensation for their suffering.

The sum of compensation varies in each case as the JCG are just guidelines. However, here is an example from the JCG of some injuries and their suggested compensation brackets. The top line is not from the JCG:

Injury	Severity	Compensation	Explanation Notes
Very Serious Injuries and Significant Special Losses	Serious	Up to £1 million	Multiple serious injuries with significant financial losses such as lost earnings.
Female Reproductive Injuries (a)	Infertility	£140,210 to £207,260	Infertility whether caused by injury or disease, with sexual dysfunction, depression, anxiety, pain and scarring. The higher end of the bracket is cases for significant medical complications e.g. failure to diagnose ectopic pregnancy and in a younger person.
Bowel Injuries (b)	Loss of Function	Up to £183,190	Total loss of natural function and dependence on colostomy, this depends on age.
Chest Injuries (a)	Removal of One Lung	£122,850 to £183,190	Total removal of one lung and/or serious heart damage with prolonged pain and suffering as well as permanent scarring.
Lung Disease (b)	Impairment of Function	£85,460 to £118,790	Lung cancer causing pain and impairment to the function of lungs and quality of life.
Bladder Injuries (c)	Serious	£78,080 to £97,540	Serious impairment of control with some pain and incontinence.
	Cancer Risk Cases	£63,100 to £92,970	Cancer risk cases still occupy a special category and can attract awards to the top of ranges when natural function continues for the time being. If the prognosis is reliable, the award will reflect loss of life expectancy, the level of pain and suffering and the extent to which the person must live with the knowledge of the consequences their death will have on others. The appropriate award for the middle-aged family man or woman whose life expectancy is reduced to 15-20 years is £63,100 to £92,970.
Kidney Injuries (b)	Significant	Up to £78,080	Significant risk of future urinary tract infections or other total loss of natural kidney function. Such cases carry substantial future medical expenses.
Male Reproductive Injuries (c)	Sexual Dysfunction	£52,490 to £108,310	Impotence or sexual dysfunction which is likely to be permanent, in the case of a person with children or who would not have had children in any event. The top end of the bracket is appropriate for a middle-aged person with impotence and significant sexual dysfunction.
Scarring	Noticeable	£9,560 to £27,740	Noticeable laceration scars, or a single disfiguring scar of leg(s), arm(s), hand(s), back or chest.

Can I Claim Loss of Earnings Due To Lung Cancer Misdiagnosis?

Special damages compensate you for any financial losses you incurred resulting from the lung cancer misdiagnosis. Therefore, if you took some time off work following your misdiagnosis, you may be entitled to claim back any lost earnings.

Some other examples of losses you may be eligible to claim for under special damages include:

Work benefits- this may be any bonuses or pension contributions you missed out on due to your time off.
Medical expenses- this may include payments for treatment or medication.
Travel expenses- this may include expenses for travelling to and from medical appointments.
Special equipment- this may include any equipment you needed to purchase to support you due to your misdiagnosis.

To claim loss of earnings and other special damages, you must provide evidence that such losses were incurred as a result of your misdiagnosis. Some examples of evidence include:

Pay slips
Bank statements
Medical bills
Dated medical documents
Receipts

To discuss any aspect of a lung cancer misdiagnosis compensation calculator you can reach out to our team today.

Can I Claim For Lung Cancer Misdiagnosis?

To be eligible to make a medical negligence claim there are specific criteria you must meet. These criteria are:

A medical professional owed you a duty of care
They breached this duty
This resulted in harm or injury

All medical professionals have a duty of care to their patients for the treatment or advice they give them. To meet this duty, they must provide the minimum accepted standard of care. Failing to meet this minimum standard could result in a breach of duty.

For example, you visited your doctor over several months with a cough. Each time, the doctor said you had a chest infection. They failed to send you for a chest X-ray but continued to provide antibiotics. Finally after months of coughing a new GP sends you for tests which reveal that you actually have lung cancer. If, by failing to give you the tests, this fell below the minimum standard of care, then you may have grounds for a claim.

If you want to discuss a medical negligence claim or our lung cancer misdiagnosis compensation calculator, contact our advisors today.

How Is Lung Cancer Diagnosed?

Lung cancer is a form of cancer that begins as a growth of cells in the lungs. As well as being one of the most common types of cancer, it is also one of the most dangerous. If left untreated, the cancerous cells may spread to other areas of your body. If you show signs of lung cancer, your GP may refer you for tests and transfer you to a specialist.

There are multiple ways you may be diagnosed with lung cancer, such as:

Chest X-ray
CT scan
PET-CT scan
Bronchoscopy and biopsy

If you have been diagnosed with lung cancer, a specialist may refer you for treatment such as:

Surgery
Radiotherapy
Chemotherapy
Immunotherapy
Targeted therapy

If you think your lung cancer was misdiagnosed, contact one of our advisors today to see if you are eligible to claim.

How Could Lung Cancer Be Misdiagnosed?

There could be several failings that could lead to lung cancer being misdiagnosed. A medical professional could have:

Failed to recognise your symptoms.
Failed to perform the correct tests.
Failed to refer you to a specialist practitioner.
Failed to provide adequate treatment.
Failed to document your symptoms accurately.
Failed to correctly read scans or blood tests.

These are just examples, and any of these failings could lead to lung cancer being incorrectly diagnosed as another condition, such as pneumonia, asthma or chronic obstructive pulmonary disease (COPD).

If by misdiagnosing you, a medical professional fell below the minimum standard of care, you may be entitled to start a lung cancer misdiagnosis claim. To find out more, contact one of our advisors today.

What Is The Time Limit To Claim For Lung Cancer Misdiagnosis Compensation?

If you want to start a medical negligence compensation claim, you must do so in a specific time frame. Under the Limitation Act 1980, you must start your claim within three years of your misdiagnosis or within three years of realising that you had been misdiagnosed.

However, in children’s cases, the three year time limit does not begin until they reach the age of eighteen. The three year time limit also does not apply to those who lack mental capacity to bring their own claim. The time frame in this instance would run from three years once capacity is recovered.

In both these exceptions, a litigation friend can be used to start a claim, as neither children nor those lacking capacity can bring their own claim. The role of the litigation friend is to make legal decisions and protect the best interest of the child or person lacking capacity. It is usually a parent or guardian.

To find out if you are still eligible to claim for your lung cancer misdiagnosis, contact our advisors today. They can answer any questions about our lung cancer misdiagnosis compensation calculator.

What Do I Need To Make A Medical Negligence Claim?

Do you want to start a medical negligence claim for your lung cancer misdiagnosis? If so, you must be able to prove that the actions of a medical professional breached their duty to you and that this caused you harm.

Here are some ways you can do this:

Obtain records that state the condition your lung cancer was misdiagnosed as.
Collect records of any medical specialists you have seen or appointments you went to.
Obtain copies of any test results.
Get your medical records, which would include any symptoms you reported to medical professionals.
Save the contact details of anyone who witnessed your consultations (so a statement can be taken if necessary).

The expert medical negligence solicitors on our panel can help you collect the evidence needed to support your claim. Contact our advisors today to see if you can be connected.

Claim For Lung Cancer Misdiagnosis On A No Win No Fee Basis

Our panel solicitors are specialists in medical negligence claims and can use their expertise you help you claim compensation for your misdiagnosis and surrounding losses. Further, they will walk you through the claim process, explain any key legal terms and help you gather evidence.

Our panel solicitors can work on a No Win No Fee basis. They can do this by offering you a Conditional Fee Agreement (CFA). There are many benefits to using a CFA, such as:

You pay no upfront or ongoing costs for the work your solicitor completes.
If your claim is unsuccessful, you will not be required to pay for your solicitor’s work.

If your case is successful, a percentage of the compensation is paid to the solicitor for their success fee. The size of the percentage is capped by law, meaning you keep the bulk of the compensation

If you think you might be eligible to start a medical negligence claim for your lung cancer misdiagnosis, contact our advisors today:

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