How Much Compensation from the NHS for Cancer Misdiagnosis?
The average payout for cancer misdiagnosis in the UK, specifically England and Wales, is difficult to assess but 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 important to note successful cancer misdiagnosis claims are unique and depend on the specific circumstances of the case. The amount of compensation a patient receives depends on their type of cancer, how late the diagnosis was made and the recovery.
Below we have put together a range of cancer payouts for missed diagnosis from court decisions. These compensation amounts are only a guide and you need to 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 is the Average Compensation Payout for the Late Cancer Diagnosis Calculated?
The compensation payouts are mainly divided into two parts. The injury (solicitors will call this ‘general damages’) and the financial losses (‘special damages’).
A patient’s payout for a compensation claim for the ‘injury’ or general damages 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.
Expert medical evidence will be obtained by us 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 important 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 sessions,
- specialist medical treatments,
- loss of earnings,
- travel costs,
- adjustments to the home, widen the door ways for wheel chair access & stair lifts,
- and 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 compensation for a cancer misdiagnosis due to serious 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 R James Hutcheon Solicitors have handled recently where a late misdiagnosis sadly resulted in the passing of a mother and wife with young children resulted in a NHS payout of over £1 Million against Betsi Cadwaladr Hospital Trust.
It is important to consult with a solicitor who specialises in clinical negligence to obtain a more accurate assessment of the potential compensation for a specific case of cancer misdiagnosis. The solicitor can provide personalised guidance and advice based on the individual circumstances and the type of cancer misdiagnosis involved.
The cancer misdiagnosis calculator
The information in this page provides valuable guidance to many claims made for a missed cancer diagnosis that has resulted in harm, injury, pain and suffering. Compensation of this kind is found in the case law studies below, but it is important to know that in addition to the claim for injury and psychological hurt, there can also be substantial claims for loss of earnings, care, medical treatment for you and your family. A claim for a missed cancer diagnosis by using a calculator must take this into account which is why you should contact us to make a claim.
Contact Us Now To ClaimWhat is the average payout for cancer misdiagnosis in the uk?
Based on the search results, the average payout for cancer misdiagnosis in the UK is around £60,000 to £90,000. But as stated previously each successful claim is unique and depends on the specific circumstances of the case. Below is a general overview of the amount of compensation the NHS has paid out in decided cases in the UK for missing the opportunity to spot cancer at the correct time.
Contact Us Now To ClaimNHS Cancer Misdiagnosis Payouts Decided by Courts
The following is just a selection of cases decided by the courts for missed cancer detection at the time where it was deemed it ought to have been discovered by the medical profession. As a result of the negligence the patient has suffered harm and were able to claim compensation. As advised each case will be decided on its own particular facts.
1. Lung Cancer
Lung Cancer from Dust and Fumes Exposure
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 4 months of symptom onset
Age: 63
Court: High Court
Date: 16/12/2005
Compensation: £73,000
Delay in Lung Cancer Diagnosis
Outcome: Loss of palliative care, reduced life expectancy
Age: 71
Court: – NK
Date: 01/04/2009
Compensation: £22,500
Delayed Lung Cancer Diagnosis Reducing Life Expectancy
Outcome: Death within 6 weeks and 3 days of diagnosis
Age: 70
Court: – NK
Date: 01/01/2010
Compensation: £61,000
2. Breast Cancer
Delay in Breast Cancer Diagnosis
Outcome: Fatal accident
Age: 32
Court: Queen’s Bench Division
Date: 03/12/2015
Compensation: £87,000
Delayed Breast Cancer Diagnosis with Negligent Procedure
Outcome: Terminal prognosis, psychological and physical injury
Age: 54
Court: –
Date: 22/04/2019
Compensation: £85,000
Contact Us Now To ClaimDelay in Breast Cancer Treatment Leading to Terminal Prognosis
Outcome: Terminal prognosis
Age: 32
Courts: NK
Date: 08/03/2016
Compensation: £98,000
Failure to Diagnose Breast Cancer
Outcome: Delayed treatment and distress
Age: 46
Court: –
Date: 01/04/2008
Compensation: £24,000
Cervical Cancer
Misreporting of Cervical Screening
Outcome: Stage 1B1 cervical cancer, loss of fertility
Age: 30
Court: –
Date: 12/01/2022
Delay Cancer Diagnosis Medical Negligence Compensation Payout: £119,000
Failure to Report Cervical Smear Correctly
Outcome: Invasive cervical cancer stage 1b, surgery, psychological impact
Age*: 31
Court: -NK
Date*: 03/01/2006
Mis-diagnosis of cancer compensation payout:: £129,000
Delayed Diagnosis of Cervical Cancer
Outcome*: Total pelvic exenteration, permanent stomas
Age: 21
Court: –
Date: 01/10/2006
Late diagnosis compensation payout: £249,000
Delayed Diagnosis of Cervical Cancer Leading to Infertility
Outcome: Permanent infertility
Age: 25
Court: Court of Appeal
Date: 19/12/2018
Delay Cancer Diagnosis Medical Negligence Compensation Payout: £199,000
Recurrent Urinary Infections and Cervical Cancer
Outcome: Reduced survival prognosis, risk of secondary conditions
Age: 37
Court: – NK
Date: 21/09/2012
Late diagnosis compensation payout:: £128,000
Inaccurate Reporting of Smear Tests Leading to Hysterectomy
Outcome: Preventable hysterectomy, infertility, PTSD
Age: 29
Court: – NK
Date: 01/09/2006
Late diagnosis compensation payout:: £114,000
Misreporting Cervical Smear and Failure to Diagnose Stage IVA Carcinoma
Outcome: Death after prolonged suffering
Age: 40
Court: –
Date: 06/05/2020
Mis-diagnosis of cancer compensation payout:: £87,000
Wertheim’s Hysterectomy Leading to Infertility and Psychological Disorders
Outcome: Permanent scarring, PTSD, infertility
Age: 35
Court: County Court
Date: 18/05/2022
Mis-diagnosis of cancer compensation payout: £196,000
Death from Ovarian Cancer
Outcome: Death following delayed treatment
Age: 37
Court: – NK
Date: 15/06/2011
Delay Cancer Diagnosis Medical Negligence Compensation Payout: £151,000
3. Prostate Cancer
Delay in Prostate Cancer Treatment
Outcome: Metastasised cancer, prognosis less than a year
Age: 44
Court: – NK
Date: 28/09/2021
Delay Cancer Diagnosis Medical Negligence Compensation Payout:: £29,000
Delayed Diagnosis of Metastatic Prostate Cancer
Outcome: Significant pain and suffering
Age: – NK
Court: – NK
Date: 01/04/2010
Mis-diagnosis of cancer compensation payout £26,000
Unnecessary Surgical Procedure Involving Bladder and Urethra
Outcome: Permanent catheter, urethral stricture, ongoing erectile dysfunction
Age: 53
Court: – NK
Date: 22/12/2009
Late diagnosis compensation payout: £76,000
Delayed Diagnosis of Metastatic Prostate Cancer
Outcome: Significant pain and suffering for 5-6 months
Age: – NK
Court: – NK
Date*: 01/04/2010
Delay Cancer Diagnosis Medical Negligence Compensation Payout: £26,000
4. Other Cancers and Conditions
Misdiagnosis of Terminal Skin Cancer
Outcome: Premature death by 20 years
Age: 54
Court: London High Court
Date: 25/05/2017
Mis-diagnosis of cancer compensation payout: £97,000
Death Following Delay in Cancer Diagnosis
Outcome: Suffering and need for constant assistance
Age: 39
Count: High Court
Date: 02/08/2011
Mis-diagnosis of cancer compensation payout: £124,000
Death from Ovarian Cancer
Outcome: Death following delayed treatment
Age: 37
Court: – NK
Date: 15/06/2011
Delay Cancer Diagnosis Medical Negligence Compensation Payout: £151,000
Guide to NHS Compensation Payouts in Summary
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 be different in your case. You must not leave it too late as you only have three years to make a claim from when the negligence happened or from when you realised that there may be negligence on behalf of the medical profession if it could not be discovered within the primary three year period. There is a lot of work to do by medical negligence solicitors such as R James Hutcheon and this means time to gather the evidence in support.
For further reading below for guidance on misdiagnosis of cancer claims:
– The 5 Most Common Misdiagnosed Cancer Claims
– Prostate Cancer Compensation
