£500,000 Compensation Payout For Undiagnosed Throat Cancer – Case Study

By Joanne Jeffries. Last Updated 8th November 2021. Welcome to this case study covering medical negligence payouts for undiagnosed throat cancer.

As patients, we put a lot of faith in the doctor’s and medical professional’s that treat us and, when we feel unwell, we have to trust that when they tell us that there’s nothing wrong, then their diagnosis is correct. We don’t expect to make a compensation for undiagnosed cancer claim because the correct diagnosis didn’t happen until much later.

Undiagnosed throat cancer compensation medical negligence payouts for undiagnosed throat cancer

Undiagnosed throat cancer compensation

In this case study case we review here, that trust was unfounded as the consultant involved in the case missed the chance to diagnose cancer early which led the patient to have life changing surgery and led to compensation for undiagnosed cancer. The GP in the case made a referral but if the consultant who she was referred to had acted earlier the treatment plan would not have been so dramatic and the claimant in the case, a 59-year-old woman, would probably be living a much more normal life than she is now following the complete removal of her voice box, also known as a laryngectomy.

Cancer is nobody’s fault but compensation for undiagnosed cancer was sought because there was a four-month delay before the throat cancer was properly diagnosed which, if spotted at the first consultation, would’ve meant the laryngectomy wouldn’t have been needed.

At Accident Claims UK we specialise in compensation for undiagnosed cancer claims and operate as no win no fee solicitors to ensure that anyone with a misdiagnosis claim can do so risk free.

Call us now on 0800 073 8801 if you want to claim compensation for undiagnosed cancer or carry on reading for more information about how this result was settled in favour of the claimant who received a £500,000 compensation payout.

Undiagnosed Cancer Statistics

It is difficult to say exactly how many undiagnosed throat cancer cases there are each year and those seeking a claim for compensation for undiagnosed cancer may wonder how to determine if misdiagnosis was to blame in their case. There are various reports from the medical profession showing how cases of cancer with either reported as ‘no problem found’ or that the symptoms presented to the GP or consultant were a lesser illness.

In a case researched by Cambridge University, who followed hundreds of men who had presented with prostate cancer symptoms, over half of the group were told they’d got a much less serious form of the disease when in fact they had the most serious type of cancer. In these cases, compensation for undiagnosed cancer would be a definite consideration, especially if a later diagnosis led to more complicated or more devastating treatment.

If this trend was followed across all cancer types then the amount of compensation for undiagnosed cancer cases would be huge if you consider that:

  • In 2015 there were nearly 360,000 new cases of cancer diagnosed.
  • Every 2 minutes, somebody in the UK is newly diagnosed with cancer.
  • There are around 164,000 deaths from cancer in the UK each year.

Fortunately, the 50% failure to diagnose in the Cambridge University, isn’t the same across all cancer types but the NHS do payout a huge amount of compensation for undiagnosed cancer each year.

The amount of compensation for undiagnosed cancer varies from case to case so we can’t offer a misdiagnosis compensation calculator, but our experts can advise you on what you could claim for, if you do want to claim compensation for undiagnosed cancer, once we’ve listened to your case in our free consultation.

How Did The Failure To Be Diagnosed Affect The Claimant?

The case for the claimant in this case was that there was a 4-month delay between her first consultants meeting and the correct diagnosis actually being made. This delay meant that rather than undergoing chemotherapy or radiotherapy which could’ve reduced the size of the cancer, it spread and became larger and eventually the only choice was for surgery to completely remove her tonsil, throat and voice box which meant claiming for compensation for undiagnosed cancer was inevitable.

The claimant had to make massive changes to her life because of the late diagnosis and sought compensation for undiagnosed cancer because of those changes and the fact that she was no longer able to work.

About The Undiagnosed Cancer Case Handled?

Cases seeking compensation for undiagnosed cancer are usually settled out of court when the NHS, or other medical institution, admit liability. The personal injury solicitor in this case would’ve built a case around how the delay in diagnosis was the root cause of the massive life changing surgery.

They would usually gather medical records from the initial GP’s referral and the subsequent appointments and prove that the compensation for undiagnosed cancer was fair because any competent doctor should’ve spotted the cancer from the MRI scan and other diagnostics taken by the first consultant.

All of this evidence would then be provided to the NHS as part of a compensation for undiagnosed cancer claim and they’d be given the chance to reply to the allegations.

Once the misdiagnosis has been agreed, the solicitor would present their case as to how much compensation for undiagnosed cancer their client was entitled to and the NHS would either agree or offer a different amount, with reasons why, for the solicitor and claimant to consider until a settlement amount could be agreed upon.

In our experience, it is very rare for compensation for undiagnosed cancer claims to get to a court room once liability has been admitted.

Cancer Misdiagnosis Compensation Settlements

The amount of compensation for undiagnosed cancer that was agreed on in this case was £500,000 and it took into account the amount of pain and suffering the claimant had undergone because of the misdiagnosis, her care costs, her loss of earnings and the future loss of earnings as she was still of working age at the time of the operation.

It was concluded that if the initial consultation had been conducted properly then compensation for undiagnosed cancer would not have been needed.

This is obviously a very large amount of compensation for undiagnosed cancer but took into account the massive impact on the claimant’s life following the operation.

Every case is different, as the impact on each claimant will be different, but once we’ve had a free consultation with a new claimant we may be able to indicate how much compensation for the misdiagnosis of cancer you could receive.

No Win No Fee Undiagnosed Cancer Claims

One thing we hear a lot from potential new clients is that they are worried about the costs of making a claim for compensation for undiagnosed cancer as they’re concerned about the length of time it takes to gather the evidence and put together a compelling case.

While some solicitors do charge for their work by the hour when preparing a misdiagnosis claim, here at Accident Claims UK we work on a risk-free, no win no fee basis.

This means that if you ask us to claim for compensation for undiagnosed cancer on your behalf, and that we agree to take your case on, then we won’t charge anything upfront, we won’t charge an hourly rate while the case is being prepared and we won’t charge you a penny unless we are successful and get you compensation for undiagnosed cancer.

We understand the financial worry of mounting a case and think our no win no fee service is the fairest way to take your case forward.

Contact us About Medical Negligence Payouts for Undiagnosed Throat Cancer

If you are now ready to seek compensation for undiagnosed cancer and you want our professional team of personal injury specialist to have a free consultation with you then you can get in touch by:

We’re ready to speak to you today and will always work professionally and swiftly to take your case forward and to ensure you get the right amount of compensation for undiagnosed cancer that you deserve.

What could maximise medical negligence payouts for undiagnosed throat cancer?

If you are seeking compensation settlements in the UK, a lot of what could maximise your settlement would be the evidence you produce as part of your claim. When you seek medical negligence payouts for undiagnosed throat cancer, you would need to be able to evidence that medical negligence had caused your throat cancer to go undiagnosed, which led to you suffering undue harm. The evidence that you present could include medical evidence from an independent medical expert. An appointment with such an expert could be arranged as part of your claim. The expert would examine you, and would review your past medical notes if they were relevant to your case. They would then speak to you and ask you questions and may order further tests. Once they have all the evidence that they need, they would put together a detailed medical report explaining your condition, how they believe you have suffered, and their professional opinion on your prognosis. All this could be used to strengthen your claim and ensure you receive the maximum compensation payouts possible.

Could my choice of solicitor help me maximise medical negligence payouts for undiagnosed throat cancer?

Of course, it could be possible for you to make a claim without legal representation. However, there may be some problems with doing so. If you have no experience with the law prior to making your claim, you may worry about the amount of paperwork that it would take to prove your case. You may worry that you don’t have the knowledge and experience required to fight for the maximum compensation settlement possible for your claim. A lawyer could help with all of this. They could harness all of their legal knowledge and expertise to ensure that you have the strongest case possible. They could also negotiate and fight for the maximum compensation settlements in the UK possible for your case. By choosing to work with a medical negligence solicitor, authorised and regulated by the Solicitors Regulation Authority on your claim could significantly impact your success. We could provide you with a medical negligence solicitor who could assist with your claim. If you are not quite sure whether you would have a strong case, please call us and we will be happy to assess this for free. You could benefit from free legal advice from a friendly solicitor who could explain the claims process to you in more detail.

How common is undiagnosed throat cancer?

While we do not currently have figures pertaining to how many people have suffered undiagnosed throat cancer and made clinical negligence claims we can provide you with some statistics. The NHS Resolution financial report for 2020- 2021 shows that there was a large sum of money paid out in clinical negligence claims across a wide variety of trusts. You can see this figure in the graphic below.

 

medical negligence payouts for undiagnosed throat cancer statistics graph

Whether you want to claim clinical negligence payouts from the NHS or from a private medical provider, we could assist with your claim. Please call us to get started.

Useful Links Relating To Medical Negligence Payouts for Undiagnosed Throat Cancer

Here are a few useful links that you can use if you’re considering a compensation for undiagnosed cancer claim:

NHS Laryngeal Cancer Guide – NHS information on laryngeal cancer including causes, symptoms and treatment.

Medical Negligance Claims – Not just about compensation for undiagnosed cancer but a guide that we’ve created to show how much a claim for medical negligence may be awarded. If you’re thinking about compensation for undiagnosed cancer amounts then you could use this article as a rough guide, but please speak to us to get a fuller picture.

Other Useful Compensation Guides

Thank you for reading this study on medical negligence payouts for undiagnosed throat cancer.