Lung Cancer Misdiagnosis Claims

Lung cancer can be misdiagnosed because it shares symptoms with non-cancerous conditions. Some of those include:

• Asthma

• Chest infections

• Pneumonia

• Tuberculosis

• COPD (Chronic Obstructive Pulmonary Disease)

• Sarcoidosis

When lung cancer is misdiagnosed, you could receive the wrong treatment, which can be harmful, but will also fail to treat your actual condition, allowing it to become more advanced.

Unfortunately, as it becomes more advanced, the lung cancer may get to a stage where it becomes more difficult to treat, or in the worst case, terminal.

If your cancer was misdiagnosed, you may be able to claim compensation. Contact us today and take us through the details of your situation—we can advise you on what to do next.

According to the NHS, the most common symptoms of lung cancer are:

• A cough that lasts longer than 3 weeks

• A long-standing cough that worsens

• Recurring chest infections

• Coughing up blood

• An ache or pain that appears when breathing or coughing

• Persistent breathlessness

• Persistent lack of energy or tiredness

• Unexplained weight loss or loss of appetite

If you are experiencing any of these symptoms, speak to your GP as soon as possible.

A lung cancer misdiagnosis occurs when a healthcare provider fails to diagnose lung cancer, leading to a missed, delayed, or incorrect diagnosis.

Sometimes this is unavoidable, but other times, when a healthcare provider's actions fall below the expected duty of care, it may be considered medical negligence, meaning the misdiagnosis and its consequences could have been prevented.

If you think you or a loved one has suffered a lung cancer misdiagnosis due to medical negligence, please contact our team of specialist lawyers, and we'll do all we can to help.

Yes, it's possible to claim for someone else who is unable to do so themselves. The most common examples are:

• Claiming for a child: Children can't legally claim themselves until they reach 18, so a parent or legal guardian can do this for them. If a settlement is not reached sooner, the child has until their 21st birthday to claim.

• Claiming on behalf of someone with limited mental capacity: A loved one can make a claim on their behalf, and there is usually no time limit in these cases.

• Claiming on behalf of a deceased relative: If your loved one died due to a cancer misdiagnosis, you can pursue a claim for them.

When you decide to make a lung cancer misdiagnosis claim, our first step is to listen carefully to your experience and gather the details of what happened. 

We’ll then review your medical records and seek expert opinions to determine whether your misdiagnosis occurred because the care you received fell below expected standards, which directly caused your condition to worsen.

If we believe you have a strong case, we’ll guide you through the claims process. 

In many cases, claims are settled without the need to go to court. If your case does proceed further, we’ll represent you at every stage. Throughout the process, our aim is to make things as straightforward as possible, keeping you informed and supporting you from start to finish.

In the UK, you generally have three years to make misdiagnosed cancer claims, which is why you need to proceed as soon as you can. The three years will start from the date of the misdiagnosis or from the date you became aware of it—whichever is later.

There are exceptions to this rule, though. For example, if the claimant lacks mental capacity, there tends to be no time limit. A child has three years from their 18th birthday to bring a claim themselves, meaning the limit extends to their 21st birthday.

To help you understand your specific time limit, get in touch with our team today and get the ball rolling.

Because of the varying circumstances that are specific to you, there is no fixed average payout for a lung cancer misdiagnosis claim. Each payout is based on the severity of the claim.

If you think you might have a lung cancer misdiagnosis claim, but are not completely sure, you can get in touch with our lawyers today. They'll be able to advise you on whether or not you can make a claim.

Misdiagnosed cancer claims can usually be made if the claimant can prove they received a misdiagnosis due to a healthcare provider's medical negligence, and that directly caused their condition to worsen.

In a lung cancer misdiagnosis claim, you need to first prove that there was a breach of duty of care that led to a lung cancer misdiagnosis and further suffering for the patient that could have been avoided.

Your lawyer will talk you through any physical evidence, like your medical records, you need to make a claim, and they will research issues raised if necessary.

Yes, you can sue the NHS if their duty of care fell below standard expectations, and that resulted in a lung cancer misdiagnosis, which caused further suffering to the patient.

You can do this through our team of expert lawyers here at Nash & Co Solicitors. For more information on how you can make a claim, contact us today, and we'll do what we can to help.

We completely understand if you feel this way, given the problems the NHS is facing in our current climate.

However, a body called NHS Resolution handles claims against the health authority. The government set up this organisation to handle compensation claims.

NHS Resolution is an arm’s-length body of the Department of Health & Social Care, and essentially acts as an insurance provider for NHS Trusts and GPs. Every year, each Trust and GP will pay an amount to NHS Resolution, just like you do for car or home insurance.

When a successful claim is made, NHS Resolution makes the compensation payout on behalf of the Trust or GP concerned. This means that your claim won’t take money away from other patients being treated by the Trust or GP. 

If you have any more questions, please don't hesitate to contact us.

If you don’t think you’re getting the level of service or satisfactory advice from your current solicitor, we’d be happy to discuss switching your case to Nash & Co Solicitors. Just call our team on 01752 827085 or contact us online.