Average Payout for Cancer Misdiagnosis by the NHS

What Is the Average Payout for Cancer Misdiagnosis in the UK?

The average payout for cancer misdiagnosis in the UK, specifically England and Wales, is challenging to assess. However, on a broad range of results, the average payout for cancer misdiagnosis in the UK is around £60,000 to £90,000. However, it is critical to note that successful cancer misdiagnosis claims are unique and depend on the specific circumstances. The compensation a patient receives depends on their type of cancer, how late the diagnosis was made and their recovery.

Below, you will find a range of cancer payouts for missed diagnoses following court decisions. These compensation amounts are only a guide. You should still contact us for expert advice to assess not only the amount of payout you will receive but also how strong your case is against the NHS for the cancer misdiagnosis.

How the Average Compensation Payout for Late Cancer Diagnosis Is Calculated

The compensation payouts are typically based on the injuries (solicitors will call this ‘general damages’) and financial losses (‘special damages’).

A patient’s payout for a compensation claim based on their injuries is a claim for additional pain and suffering the patient has had to endure following a late diagnosis of cancer, which may mean additional treatments and longer recovery. The greater the suffering, the greater the compensation payout for the misdiagnosis of the cancer. Early detection could have reduced the type of cancer treatment and made full recovery that bit less of an ordeal, indeed if there is a full recovery.

We will obtain expert medical evidence to advise upon the outcomes of when the cancer ought to have been spotted at the ‘correct’ stage and the latter stage when discovered.

It is also essential to consider that cancer misdiagnosis payouts can consist of special damages compensation, which aims to cover the financial losses incurred due to the misdiagnosis. This may include:

Private medical costs
Care costs
Therapy session
Specialist medical treatments
Loss of earnings
Travel costs
Adjustments to the home (e.g. widening doorways for wheelchair access and installing stairlifts)
Other potential financial losses

Cases of NHS Cancer Misdiagnosis Payouts

Specific case studies and examples provide further insight into the potential compensation levels for different types of cancer misdiagnosis. For instance, a case study has mentioned over £500,000 in compensation for a cancer misdiagnosis due to severe complications.

Furthermore, the average payout for brain damage due to cancer misdiagnosis was reported to be in the range of £282,010 to £403,990, while for kidney damage, it was in the range of £169,400 to £210,400.

A claim that we recently handled involved a late misdiagnosis that sadly resulted in the passing of a mother and wife with young children, leading to an NHS payout of over £1 million against Betsi Cadwaladr Hospital Trust.

You should consult a solicitor specialising in clinical negligence to assess the potential compensation for a specific cancer misdiagnosis case more accurately. The solicitor can provide personalised guidance and advice based on the individual circumstances and the type of cancer misdiagnosis involved.

The following is just a selection of cases decided by the courts for missed cancer detection at the time when it was deemed it ought to have been discovered by the medical profession. As a result of the negligence, the patient suffered harm and could claim compensation. As advised, each case will be decided based on its own particular facts.

1. Lung Cancer

Lung cancer from exposure to dust and fumes:

Outcome: Death
Age: 63
Court: High Court of Justice
Date: 23/10/2012
Compensation: £60,000

Lung cancer leading to peritonitis:

Outcome: Death from peritonitis due to underlying lung cancer
Age: 67
Court: High Court of Justice
Date: 23/10/2012
Compensation: £114,000

Asbestos-related lung cancer:

Outcome: Death within four months of symptom onset
Age: 63
Court: High Court of Justice
Date: 16/12/2005
Compensation: £73,000

2. Breast & Cervical Cancer

Delay in breast cancer diagnosis:

Outcome: Fatal accident
Age: 32
Court: Queen’s Bench Division
Date: 03/12/2015
Compensation: £87,000

Delayed diagnosis of cervical cancer leading to infertility:

Outcome: Permanent infertility
Age: 25
Court: Court of Appeal
Date: 19/12/2018
Compensation: £199,000

3. Prostate Cancer

Delay in prostate cancer treatment:

Outcome: Metastasised cancer, prognosis less than a year
Age: 44
Court: Unknown
Date: 28/09/2021
Compensation: £29,000

Delayed diagnosis of metastatic prostate cancer:

Outcome: Significant pain and suffering
Age: Unkown
Court: Unknown
Date: 01/04/2010
Compensation: £26,000

4. Other Conditions

Misdiagnosis of terminal skin cancer:

Outcome: Premature death of 20 years
Age: 54
Court: London High Court
Date: 25/05/2017
Compensation: £97,000

Death following a delay in cancer diagnosis:

Outcome: Suffering and need for constant assistance
Age: 39
Court: High Court
Date: 02/08/2011
Compensation: £124,000

Summary of NHS Compensation Payouts

This comprehensive guide provides an overview of various medical negligence claims related to different types of cancer and other conditions, highlighting the outcomes, ages of claimants, courts, dates, and compensation values awarded in the UK.

It is only a guide, and the complexity and outcomes will differ in your case. Don’t leave it too late. You only have three years to make a claim from when the negligence happened or when you realised that there might be negligence on behalf of the medical profession (if it could not be discovered within the primary three-year period). Medical negligence solicitors such as R James Hutcheon have a lot of work to do, including the time it takes to gather evidence to support your case.

For further reading below for guidance on the misdiagnosis of cancer claims, see the following links:

Average Payout for Cancer Misdiagnosis by the NHS

What Is the Average Payout for Cancer Misdiagnosis in the UK?

How the Average Compensation Payout for Late Cancer Diagnosis Is Calculated