How can I check if I am eligible to claim wrong diagnosis breast cancer compensation and what can a wrong diagnosis breast cancer compensation claim include as damages?
A wrong diagnosis breast cancer compensation claim can be made if you have been misdiagnosed with breast cancer, of if you have been given the all clear by a doctor despite having breast cancer. Breast cancer is diagnosed by a triple testing strategy, which includes a physical examination of your breast primarily, followed by a mammogram or ultrasound analysis, and finally, if both of these tests indicate that a lump in the breast could be cancerous, a biopsy of the affected breast tissue.
If a breast cancer diagnosis is made without all three of these tests being conducted, and you do not have breast cancer, it can be considered as medical negligence and a claim for wrong diagnosis breast cancer compensation can be made. When a misdiagnosis is made and you have been told that a lump in the breast is not cancerous, only to find out later that this was not the case, this too can result in a successful wrong diagnosis breast cancer compensation claim.
However you must be able to prove — with the help of a medical negligence solicitor and medical experts — that a wrong diagnosis of breast cancer was a mistake that a competent doctor would ‘on the balance of probability’ not have made. In both cases — failure to diagnose breast cancer or misdiagnosis of breast cancer —you must have sustained an injury or have otherwise been caused harm by the wrong diagnosis of breast cancer. If the time period between the wrong diagnosis and the correct diagnosis being made has not resulted in any you coming to harm, a claim for wrong diagnosis breast cancer compensation will not be successful.
If you are eligible to make a wrong diagnosis breast cancer compensation claim, a medical negligence solicitor will accurately calculate the damages you are entitled to claim. These will include any medical expenses or costs which have been incurred as a result of the wrong diagnosis, any pain and suffering caused, and any loss of amenity which has resulted from the delay in treatment of your condition. If you have had to have more breast tissue removed as a result in a delayed diagnosis, have had to have a mastectomy which could have been avoided, or have had lymph nodes removed or developed any other health conditions (such as lymphodema) as a result of the delayed diagnosis, these will be factored into your damages claim for wrong diagnosis breast cancer compensation.