Cancer misdiagnosis compensation claims

Can doctors be wrong about cancer diagnosis?

Yes. NHS Resolution  received 96 wrong cancer diagnosis claims the financial year 2022/23.

While every good doctor will go out of their way to ensure you receive the correct diagnosis, some illnesses can be tricky to pinpoint. Many illnesses present themselves with similar symptoms and cancer, especially, can present in many different ways. Your doctor should carry out the appropriate tests and scans before making a diagnosis, but they can still be wrong if test results aren't clear.

If you are dissatisfied with your doctor's initial diagnosis, raise the issue with them as soon as possible to avoid long-term complications to your health.

What are the common types of cancer misdiagnosis?

A 2019 survey by All.Can cancer initiative looked at cancer misdiagnosis statistics in the UK and nine other countries by asking 3,981 people about their experiences. It found that cancer misdiagnosis rates were at nearly 32%. This statistic varies considerably depending on the type of cancer being diagnosed. 

• Head and neck cancer misdiagnosis was more common at 45%, as was brain/central nervous system cancer misdiagnosis at 38%, due to the complex nature of symptoms associated with these types of cancer.
• The misdiagnosis rate for gynaecological cancer, which includes various types such as cervical cancer and ovarian cancer, was also high at 41%.
• Lung cancer had a misdiagnosis rate of 28% and can be misdiagnosed as less serious conditions including asthma, bronchitis or chronic obstructive pulmonary disease.
• Prostate cancer also had a misdiagnosis rate of 28%. There are sometimes no symptoms with this type of cancer. When symptoms are present, they usually include pelvic pain which could be linked to conditions like appendicitis, hernias or prostatitis.
• Breast cancer misdiagnosiswas rarer at 19%, due to the advanced nature of screening processes and medical understanding of this type of cancer. Breast cancer is linked with lumps in the breast, which can be misdiagnosed as other conditions such as abscesses, benign masses, cellulitis, fibroadenomas and lipomas.

Regardless of the type of cancer, you could be eligible to make a compensation claim if medical negligence has resulted in you suffering a misdiagnosis. If you'd like to talk to someone about your options, request a call back from one of our friendly, personal injury advisors.

What is delayed cancer diagnosis?

A delayed diagnosis is when a medical professional fails to diagnose cancer in a timely manner. NHS Resolution received 405 delayed cancer diagnosis claims in the financial year 2022/23.

Doctors and medical staff need to diagnose cancer as soon as possible. Generally, the earlier they discover it, the more effective the treatment. If your treatment has been delayed, this can cause the cancer to advance to a more serious stage. In some extreme cases, it can even get to the point that it's no longer possible to treat effectively.

It's also important that your diagnosis is accurate. For example, if you've been diagnosed with cancer when you don't have it, this can be dangerous and can put you through unnecessary stress. You may even have been given treatment you didn't need, such as chemotherapy or surgery to remove the cancer.

Can I make a cancer misdiagnosis compensation claim?

We know it can be difficult for you to tell whether you could make a claim following cancer misdiagnosis or negligence - so we're here to help you. To make a claim, your condition must have been made worse by the treatment or misdiagnosis you were given.

The best way to find out whether you can make a claim is to get in touch with us for free on . We're here to give impartial advice and to help you understand what's involved.

Whether you decide to go ahead and make a claim is your decision, not ours. If you do, we can connect you with a specialist cancer misdiagnosis lawyer for advice on your next steps.

Can I make a cancer misdiagnosis claim on someone else's behalf?

Yes, if someone is deemed unable to make a cancer misdiagnosis compensation claim themselves, you could be allowed to do so on their behalf. This is called being a ‘litigation friend'.

This can apply to people who lack the mental capacity to claim for themself, either because of their cancer or another pre-existing condition. This needs to be more than just difficulty understanding and is assessed for each specific case.

Parents and legal guardians may also be able to claim for a child under 18 years old. If no claim has been made and there are grounds to proceed, they then have three years from their 18th birthday to make a claim as a legal adult.

Can I make a claim if a loved one has died because of their cancer misdiagnosis?

Yes, if a family member has passed away following a misdiagnosis caused by medical negligence, you might be eligible to make a cancer misdiagnosis claim. This should be carried out by a representative of their estate, whether that's an Executor of the will or an administrator if there isn't one. 

What should I do if my doctor makes a cancer misdiagnosis?

It can be devastating if you suspect your doctor's opinion is wrong. The first thing you should do is seek a second opinion, which will help you understand where the first doctor could have gone wrong.

If you suspect that the misdiagnosis was due to negligence, you can get in touch with our friendly helpline advisors. We'll let you know if we think you're eligible for compensation.

What evidence do I need to make a cancer misdiagnosis claim?

You need to prove two things for your cancer misdiagnosis claim to be successful: that your doctor was negligent and you've suffered as a result. Evidence that could help you includes medical records, opinions from medical experts and witness statements.

We can help you gather the documentation to support your claim and arrange medical examinations for you. Get in touch with our friendly team on to find out more about how we can help.

Is there a time limit for making a cancer negligence compensation claim?

Generally, you can claim for cancer misdiagnosis or negligence if it's three years or less since you first realised you were misdiagnosed or from the date you received negligent treatment (whichever is later).

There are exceptions to the three-year time limit for cancer misdiagnosis claims. For example, if you're claiming for someone who lacks the mental capacity to manage their own case, no time limits are in effect unless they regain capacity. If they do, the three-year period will start from that date, even if they lose capacity again. Mental capacity is assessed on a case-by-case basis and means more than someone simply not understanding.

Also, for children under 18 who were misdiagnosed, the three-year claim period does not start until the date of their 18th birthday and expires on their 21st birthday. If a parent or guardian claimed on their behalf beforehand, they'll be unable to claim again.

If you're unsure whether you're still within the time limit or are approaching the end of the three years, contact our team on as soon as possible to see if you can still make a claim.

What is the average payout for cancer misdiagnosis in the UK?

There's no hard-and-fast rule when it comes to cancer misdiagnosis payouts. Each successful claim will be awarded an amount based on its individual circumstances. Settlements usually account for several factors, including:

• Injury type and severity
• Recovery times
• Medical expenses and travel costs
• Lost earnings from time off work
• Lifestyle changes made as a result of your injury
• Ongoing care needs and home adaptions related to your injury

When assessing how much compensation your case could be worth, the cancer misdiagnosis solicitors we connect you with use the latest edition of the Judicial College Guidelines to estimate a claim's worth.

Our compensation calculator also relies on these guidelines. Feel free to use it to get an estimate of how much you could claim today.

What can cancer misdiagnosis compensation help to cover?

It can be difficult to think about making a compensation claim when you've already been through so much. But in our years_since years of experience, we've seen how compensation can help.

The cancer misdiagnosis lawyers in our network will work hard to make sure they fully understand the impact your treatment has had on your cancer's development and how that's impacted your life as well as those around you.

You may have had to pay for extra medical treatment, medication or care. On top of taking time off work, this can put you and your family under financial strain. To us, that feels wrong.

As part of your cancer misdiagnosis settlement, your solicitor will aim to cover all the out-of-pocket expenses caused by the negligence you suffered, even down to travel and accommodation costs.

They'll also take into consideration the effect your cancer has had on your social life, hobbies, career and future when filing your claim.

Is it right to make a cancer misdiagnosis claim against the NHS?

Understandably, many of the people we speak to are concerned about claiming against the NHS, especially when they've received care from nurses and doctors.

However, making a claim against the health authority or trust that handled your cancer misdiagnosis and treatment does not affect the hospital or staff. NHS cancer misdiagnosis payouts are handled by NHS Resolution.

This is the organisation set up by the government to handle compensation claims. NHS Resolution is an independent body that acts as an insurance provider for NHS Trusts. Each Trust will pay in a certain amount each year, just like car or home insurance. When a successful claim is made, NHS Resolution makes the compensation payout on behalf of the Trust concerned.

Talk to our team today on if you have any questions about making a cancer misdiagnosis claim against a NHS Trust.

Can I make a claim for cancer misdiagnosis compensation against a private hospital or practitioner?

Yes, you can make a cancer misdiagnosis claim against a private hospital. Private medical practitioners have a duty of care to uphold, just like those who work for the NHS. If you received negligent care, then you should receive compensation to help make things right.

Claiming cancer misdiagnosis compensation from a private hospital works slightly differently. If you'd like to find out more, our expert advisors can explain how it works and guide you every step of the way.

How can we help with your cancer misdiagnosis compensation claim?

At National Accident Helpline, we've been helping people just like you for over [XX] years - earning an ‘Excellent' rating on Trustpilot and numerous customer success stories.

Our team of legally trained, friendly advisors is here to listen to your cancer misdiagnosis story and guide you towards receiving compensation. From your initial free and impartial consultation through to completing your claim. 

We offer transparency throughout your compensation claim process. We'll never pressure you into making a claim if you're uncomfortable or unsure about proceeding. What we will do, if you decide to go ahead, is work tirelessly to get you the cancer misdiagnosis compensation you deserve.

• Compassionate and supportive
• Compensation on a no win no fee basis
• We've handled over 40,000 medical claims
• Trusted, friendly and confidential support when you need it

Get more information on cancer misdiagnosis claims

If you'd like to talk things through to find out what your options are, feel free to get in touch with our friendly advisors on or request a call back. We're here to help you find a way forward that works for you.