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.
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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.

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What 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.

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NHS 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

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Delay 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

– Cancer misdiagnosis claims

Prostate Cancer Compensation

– Breast Cancer Compensation

– Bowel Cancer Compensation

– Pancreatic Cancer Compensation

– Stomach Cancer Compensation

– Colorectal Cancer Compensation

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