Can You Claim For Medical Negligence After Thyroid Cancer Misdiagnosis?

Our guide looks at thyroid cancer misdiagnosis claims and how to seek medical negligence compensation. Medical professionals have a duty to give their patients the correct standard of care and a failure to do so can be damaging, particularly where a serious condition like cancer is involved. This guide starts by discussing when you are eligible to claim compensation for the effects of a professional breaching their duty of care.

There are numerous ways in which cancer could be misdiagnosed because of substandard care. We cover this with some examples before noting ways to prove that negligence occurred.

As the guide goes on, you can learn how a compensation payout could address up to two forms of damages.

Thyroid Cancer Misdiagnosis

Thyroid Cancer Misdiagnosis Claims Guide

Our advisors are on hand for free, round-the-clock guidance. They can also explain how working with one of our No Win No Fee solicitors could suit your needs. To make the most of this and find out whether you have a valid compensation claim, reach us through any of the following:

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  1. Could You Claim For Thyroid Cancer Misdiagnosis?
  2. Why Thyroid Cancer Could Be Misdiagnosed
  3. Proving Liability In Cancer Care Negligence Claims
  4. Examples Of Thyroid Cancer Misdiagnosis Settlements
  5. Why Choose Us When Claiming For Thyroid Cancer Care Negligence?
  6. Discover More About Medical Negligence Claims

Could You Claim For Thyroid Cancer Misdiagnosis?

According to the NHS, thyroid cancer is a cancer found in a small gland in your neck. Thyroid cancer poses a greater risk the further it spreads, meaning that wrong or delayed treatment could come at a significant cost to the patient’s health.

All medical professionals have a duty of care towards their patients. If they do not provide the correct standard of care, it could lead to unnecessary harm.

To start a thyroid cancer misdiagnosis claim, you must be able to satisfy these conditions:

  • A medical professional owed you a duty of care.
  • They breached that duty by failing to provide the correct standard of care.
  • This breach led to you suffering avoidable harm.

A misdiagnosis can happen for different reasons. Not all misdiagnoses mean the medical professional breached their duty of care. To find out if you received a negligent misdiagnosis of thyroid cancer, please call our advisors for a free assessment of your case.

Medical Negligence Claim Time Limits

The Limitation Act 1980 states that medical negligence claims must generally begin within three years of the negligence occurring. Alternatively, the three years may start from the date you learned that you suffered harm due to a breach of duty. This is known as the date of knowledge. 

Depending on your circumstances, an exception to this time limit could be made. To learn more and find out the time frame for your case, just give us a call at the above number.

Why Thyroid Cancer Could Be Misdiagnosed

A misdiagnosis can involve a medical professional wrongly diagnosing a condition as another or failing to diagnose any illness. A misdiagnosis could happen because your symptoms are very similar to a different condition or because you were not showing typical signs of an illness or disease. However, the examples that are listed below show how thyroid cancer could be negligently misdiagnosed. 

  • Your GP fails to listen to the symptoms you are describing. They fail to refer you for further checks or tests and misdiagnose your condition. This means your thyroid cancer is allowed to progress. 
  • You are referred to a specialist for tests, but they lose track of your appointment. This means they run the tests much later than planned. The late diagnosis and delay in treatment allow the cancer to spread.
  • You are in hospital due to difficulty breathing and a swollen neck. You are sent for tests that are mixed up with another patients. You are misdiagnosed. You are discharged and only diagnosed with thyroid cancer at a later date. 

If you experienced clinical negligence when you were misdiagnosed with thyroid cancer, call today and an advisor can help you find out if you have a valid claim.

Proving Liability In Cancer Care Negligence Claims

Evidence is required for medical negligence claims. You should gather as much as possible to show that:

  • You were under the care of a medical professional.
  • A medical misdiagnosis occurred. If anyone witnessed this, you could collect their contact details.
  • You suffered avoidable harm after the misdiagnosis. You have the legal right to obtain a copy of your medical records.

Working with one of our solicitors would mean you have an experienced legal professional who can guide you through evidence presentation. This includes arranging an independent medical assessment during the case, and potentially the Bolam Test, where relevantly-trained professionals determine if you received the correct level of care.

To find out more about how to prove medical negligence and how our solicitors can help, please call the number above.

Examples Of Thyroid Cancer Misdiagnosis Settlements

Winning a medical negligence claim for thyroid cancer misdiagnosis would ensure a settlement, with at least a portion of the payout compensating for the physical and mental harm caused by a medical professional’s breach of duty. This head of a claim is known as general damages.

Injuries will be given a value during misdiagnosis claims, and those doing the calculations may use the Judicial College Guidelines (JCG) for support. This document features guideline compensation brackets for different injuries at varying levels of severity.

Compensation Table

Compensation will vary from case to case, so this table of guideline figures from the JCG should only be used as a rough guide.

Edit
INJURY SEVERITY COMPENSATION NOTES
Brain Injury Moderate (i) £150,110 to £219,070 Cases in which there is moderate to severe intellectual deficit and an effect on senses.
Moderate (ii) £90,720 to £150,110 Ability to work is greatly reduced if not removed.
Lung Disease For a Young Person with Serious Disability £100,670 to £135,920 There is a probability of progressive worsening, and eventually premature death.
Typically for an Older Person £70,030 to £97,330 Lung cancer causes severe pain and impairment of quality of life, as well as function.

How Special Damages Could Also Compensate You

A settlement could potentially feature a second head of claim. Special damages account for the financial effects of medical negligence. With that in mind, you could seek compensation for:

  • Medical costs.
  • Prescription charges.
  • Home healthcare fees.
  • Travel expenses.
  • A loss of earnings if you cannot work.

This will require relevant proof, so be sure to keep hold of bank statements, payslips or invoices. Please get in touch for further advice on what misdiagnosis compensation can involve.

Why Choose Us When Claiming For Thyroid Cancer Care Negligence?

Our advisors can help you discover if you have valid grounds to seek compensation for the impact of a thyroid cancer misdiagnosis. If they find that you have an eligible claim, they could appoint you one of our No Win No Fee medical negligence solicitors. 

Our solicitors offer their services under a Conditional Fee Agreement. This is a type of No Win No Fee deal where you do not pay for their work upfront or during the case.

The outcome decides whether or not the solicitor can take a success fee. As the name suggests, you will not be charged for their work if the claim fails. Should it end in success and a settlement in your favour, a percentage of the compensation is deducted by the solicitor.

It is guaranteed that the majority of the total is earmarked for you because The Conditional Fee Agreements Order 2013 applies a legal cap to what a solicitor can take.

Get In Touch With Our Specialist Team

As well as checking your claim, an advisor can share plenty of useful information about medical negligence claims. Calling us is completely free. There is also no obligation to start a claim even if we find that you have grounds to do so. However, if you want the expert help of one of our solicitors, you could be connected to them right away.

Learn more today by either:

Discover More About Medical Negligence Claims

Here are some further guides that could help:

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Thank you for taking the time to read our guide on medical negligence claims for thyroid cancer misdiagnosis. Please get in touch if you have any questions or want to learn more.