Do I have a cancer misdiagnosis claim?
Depending on the circumstances of the case, cancer misdiagnosis claims can arise from failing to detect a cancer, incorrectly diagnosing another condition as a cancer, an inexcusably delayed diagnosis, or incorrectly diagnosing the location or extent of a cancer.
These situations can result from a doctor or medical practitioner failing to conduct appropriate tests, ignoring symptoms or attributing them to the wrong condition, misreading or failing to understand results, or other inadequate diagnostic practice.
The interactions between medical and legal facts when attempting to demonstrate medical malpractice can be highly complex. Establishing a duty of care, a level of reasonable treatment, and a breach of that duty of care resulting in harm requires careful examination of facts and records, which can sometimes be disputed. This is particularly true in cases of misdiagnosis.
It’s advisable to seek legal advice in order to determine whether your case is eligible for a cancer misdiagnosis compensation claim. A What’s My Claim Worth advisor can help you clarify your circumstances, understand your legal options, and connect you with the right lawyer to help you pursue compensation.
How do I lodge a cancer misdiagnosis claim?
In order for a compensation claim for a cancer misdiagnosis to be successful in Australia, the patient must demonstrate a case of medical negligence, or malpractice.
Medical negligence has several elements: first, the responsible healthcare practitioner (who has a “duty of care”) must be identified. The duty of care mandates a standard of competent treatment or diagnostic capacity, which any practitioner in a similar position should reasonably hold.
Secondly, a fault in treatment or diagnosis, or a breach of that duty of care, must be demonstrated. The misdiagnosis must also be demonstrated to have caused harm beyond that of the initial illness.
Generally, there is a time limit on when you can bring a medical negligence case, including a cancer misdiagnosis. Your What’s My Claim Worth legal partner can help you gather the facts and documentation for a quick and successful claim. Medical negligence claims are rarely litigated, and compensation is paid by professional indemnity insurers, not the healthcare practitioner or organisation.
How much is my cancer misdiagnosis claim worth?
If you have suffered as a result of a cancer misdiagnosis, your compensation will be valued according to the level of harm, not the level of negligence.
You may be eligible for compensation including:
- Expenses related to treatment, both past and future
- Loss of earnings, both past and future
- Other care, travel, and costs resulting from misdiagnosis
- Emotional or psychological suffering
Depending on your circumstances, you may also be eligible for other forms of compensation, as might your carers or dependents. This compensation might come in the form of a lump sum or ongoing payments.
A What’s My Claim Worth advisor can help you clarify the circumstances of your case and assess the potential value of your claim.
How can What’s My Claim Worth help me?
What’s My Claim Worth’s advisors are available for a confidential discussion to assess your situation. They’ll help you understand the process of launching a cancer misdiagnosis claim, and how your particular medical and legal circumstances match it. They can also help you estimate the value of your claim, and connect you with an appropriate lawyer who specialises in cases like yours. What’s My Claim Worth legal partners operate under a No Win, No Fee guarantee (excluding defendant costs if the claim is litigated), meaning you’re free to pursue the compensation you’re entitled to without worrying about whether it’s affordable.
