Lung Cancer Compensation Claims

Lung Cancer Compensation Claims

Our friendly Lawyers at Medical Solicitors help people who have suffered from poor treatment in relation to lung cancer due to Medical Negligence.

Do contact our friendly team of specialist lawyers at Medical Solicitors. We conduct the majority of our advice on lung cancer claimsClinical and Medical Negligence claims under ‘No Win, No Fee’ agreements, also known as Conditional Fee Agreements. So, our clients do not have to worry about how they can afford to pay for lung cancer compensation claims. Therefore, you have nothing to lose in speaking to us. Even if we cannot assist with actual compensation claims for breast cancer, we always do our best to think ‘outside of the box’ and signpost our clients for other advice and support that might be of benefit to them.

  1. 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.

 

  1. 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.

  1. 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.

‘Special Losses’ i.e. What can I claim for past, current and future financial losses?

In addition to the value of your actual injury, you are entitled to claim any financial loss, past, current and future that is not merely speculative and can be shown to have arisen as a direct result of substandard care and consequential injuries. For example, such losses can include the following: –

  • Loss of income if you have been unable to work for a period of time, or have had to give up work altogether. Alternatively, a partner may have had to give up work to care for you.
  • Care provided gratuitously by your family or friends. This may be an ongoing requirement and a nursing expert can be instructed if so, to look at the ongoing cost of that and also to cost out future provision for such care to be provided on a private basis by professional carers, to allow a loved one or friend to get back to their normal day-to-day life.
  • If a claimant finds themselves isolated as a result of their injury, and would find it difficult to manage the provision of future carers, then a Nursing Case Manager can be appointed to plan for a claimant’s needs, interview, train and to employ and oversee carers required. A companion, known as a “buddy” can be employed to ease social isolation. The Buddy can regularly visit and support the claimant in the future, help them plan activities they will enjoy and take them out on those activities.
  • Travel expenses to and from medical appointments.
  • Accommodation costs, if you had to adapt your home in any way or even if you had to move to single-storey accommodation or have a requirement to move to single-storey accommodation. In such cases, an architect might be instructed to advise on costs. Also, if a claimant needs help to find an appropriate property, there are also experts we can instruct who specialise in finding suitable property to suit those with disabilities.
  • Aids and equipment around the home such as ramps, grip rails, toilet rail, wheelchairs, scooters et cetera
  • Orthotics- if mobility has been adversely affected and special footwear or spinal corsets can be shown to be of benefit. The purchase of such items and the future replacement costs can be significant.
  • Any other reasonable financial losses. Such losses may at first seem somewhat speculative, but if a court is satisfied there is a reasonable need, then compensation can be given for such things as surrogacy costs (if the medical negligence has left a claimant with infertility issues).
  1. Payouts

£1.5M for our lady client in her early 40s, a professional person who lost her highly successful career after being left with permanent brain damage, breathing and mobility issues following late diagnosis, as well as misdiagnosis, of her lung cancer. She was told that a secondary cancer in her lung, discovered six months after she had been diagnosed with ovarian cancer was in fact a completely different aggressive small cell cancer and the prognosis was poor. As a result, she was subjected to radical brain radiotherapy, high-dose chemotherapy, bone marrow transplantation and subject to many months in an isolation room, all treatment that she didn’t need because, in fact, the late diagnosed cancer was linked to the less aggressive form of ovarian cancer that had been diagnosed earlier.

£1.5M for a 46-year-old lady, after hospital did not report that there was an indication on an MRI scan that she had a small mass in her left lung, after which the tumour grew and she had to undergo significant treatment.

£225,000 in relation to a 61-year-old lady who died of cancer after an NHS trust failed to act on a radiology report which otherwise would have led to curative surgery.

£100,000 to a widow after delay by a hospital in diagnosing and treating husbands cancer, resulting in its spreading and becoming inoperable. The deceased suffered very severe pain and required care before his death aged 56.

  1. 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

  • How can I pay for a claim for compensation?

        All reputable and specialist clinical negligence solicitors offer no win, no fee for cases that look reasonable to investigate (we do!). If a solicitor asks you for money upfront they may not be specialists.  Go elsewhere to find a specialist who offers no win, no fee.  Call us today 01142507100.

 

Contact our Lung Cancer Medical & Clinical Negligence Claims Solicitors

We provide urgent legal advice and support for patients anywhere in England & Wales. We have doctors and barristers located all over the UK, who provide us with meeting facilities, in London, Birmingham, Sheffield, Yorkshire, Oxford, Manchester, Leeds, Hull, Liverpool, Newcastle and beyond. Our team will travel to see clients. We think it best to see our clients in the comfort of their own home over a cup of tea. You are not a number to us. Call or email our friendly team free of charge for specialist legal advice on a no win no fee basis today.