Delays in diagnosis
You may have a lung cancer claim for compensation if:
- a GP or a hospital doctor did not take symptoms seriously. Perhaps a GP has not referred you soon enough.
- Test results were misinterpreted. For example, it is not uncommon to come across cases where imaging is mis-interpreted, with a radiologist not spotting a tumour, or spread of cancer to another part of the body.
- Appointments for investigations were late or kept being cancelled and rearranged through no fault of the patient.
- Late diagnosis meant that more extensive surgery was needed.
- Late diagnosis allowed cancer to spread.
- Late diagnosis took away any chance of a cure.
Misdiagnosis of lung cancer
We acted in a particularly complex cancer case where our client was told she was suffering from a deadly form of lung cancer, with a dismal survival rate. We instructed a distinguished Professor of Histopathology to look again at the tissue samples from surgery and he reported that the diagnosis was incorrect, because of negligent interpretation of biopsy specimens. In fact, our client was suffering from a form of cancer with much longer survival rates and had had a host of unnecessary, radical and life-altering brutal treatments.
Other examples of misdiagnosis are where Tuberculosis or Sarcoidosis is diagnosed instead of lung cancer. In cases of suspected sarcoidosis or tuberculosis, where cancer is also a possibility, biopsies must be undertaken, and then examined in depth by a histopathologist, in order to confirm the proper diagnosis and make crucial decisions about the proper medical management and treatment.
What is a lung cancer compensation claim worth?
‘General Damages’ i.e. What is the value of the lung cancer injury?
In other countries, punitive damages are awarded and this is why we see such high award of damages in the United States. However, in the UK, punitive damages are not awarded. The Judicial College sets out a brackets for the value of particular types of injuries. This is information is taken from the 14th edition of the JC Guidelines.
£88,270 to £119,210. For a young person with serious disability where there is a probability of progressive worsening leading to premature death.
£61,410 to £85,340. Lung cancer (typically in an older person) causing severe pain and impairment both of function and of quality of life.
£48,040 to £61,410. Disease causing significant and worsening lung function and impairment of breathing, prolonged and frequent coughing, sleep disturbance and restriction of physical activity and employment.
£27,450 to £48,080. Breathing difficulties (short of disabling breathlessness) requiring fairly frequent use of an inhaler; where there is inability to tolerate a smoky environment and an uncertain prognosis but already significant effect on social and working life.
£18,240 to £27,450. Bronchitis and wheezing not causing serious symptoms; little or no serious or permanent effect on working or social life; varying levels of anxiety about the future.
£9,330 to £18,240. Some slight breathlessness with no effect on working life and the likelihood of substantial and permanent recovery within a few years of the exposure to the cause or the aggravation of an existing condition.
£4,660 to £15,860. Provisional awards for cases otherwise falling within (e) and (f), where the provisional award excludes any risk of malignancy, the extent of anxiety being a factor.
£1,930 to £4,660. Temporary aggravation of chest problems resolving within a very few months.
‘There can be other consequential injuries that fall under the category of “general damages” above but are not included in the brackets mentioned above.and are separate heads of claim. For example:
- compensation for breakdown of a relationship.
- compensation for loss of enjoyment of a holiday.
Q&A
Where do I go for support after a diagnosis of Lung Cancer?
You may need practical, emotional, or financial advice and support. We have listed many sources of help in our separate web-page. Click on this link to access invaluable information and resources: Support for Lung cancer
