Being told that you have ovarian cancer will obviously never be easy. As well as the health implications to yourself, the thought that you might not be able to give birth naturally if your ovaries are removed can equally as traumatic. The situation may become a lot worse, though, if you find out that the condition was not diagnosed correctly at an earlier opportunity. This guide on ovarian cancer misdiagnosis claims will examine your options if you or a loved one suffered because ovarian cancer was missed by a medical professional.
Our team of advisors can help if you’ve any questions about what to do next. They’ll work with you in a compassionate and friendly way to review your case. You’ll receive free legal advice and we could partner you with a medical negligence solicitor on our team if your claim is strong enough. If they agree to represent you, they’ll provide a No Win No Fee service. We know the claims process won’t be easy for you but knowing you won’t need to pay any legal fees unless you’re compensated should reduce your stress levels a little.
Please call 0800 6524 881 to discuss your claim or continue reading to learn more about ovarian cancer misdiagnosis claims.
Table of contents
- What Is Ovarian Cancer?
- Am I Eligible To Make An Ovarian Cancer Misdiagnosis Claim?
- Medical Negligence Leading To Misdiagnosis Of Ovarian Cancer
- Fatal Misdiagnosis Claims
- How Much Compensation For Ovarian Cancer Misdiagnosis?
- Will I Need A Medical Assessment?
- Ovarian Cancer Misdiagnosis Claim Time Limits
- Starting The Ovarian Cancer Misdiagnosis Claims Process
Women have two ovaries, one on each side of the reproductive system. They are responsible for producing an egg every month. When cancer develops in the ovaries, a cell or cells divide and multiply to form a growth. This growth can spread beyond the ovary into other tissues. According to Cancer Research, around 7,500 women a year develop ovarian cancer and its cause is unknown. The most common type of ovarian cancer is epithelial ovarian cancer.
Risk factors associated with ovarian cancer include older age, the use of Hormone Replacement Therapy (HRT), being a smoker, being overweight, inherited gene mutation or having a family history of ovarian cancer.
Ovarian cancer has 4 stages. The stage assigned to any cancer will depend on how far it has spread.
- Stage 1 ovarian cancer – the cancer is only found in the ovaries.
- Stage 2 ovarian cancer – where the cancer has spread to the pelvis.
- Stage 3 ovarian cancer –the cancer may have spread to the lymph nodes or the abdominal cavity.
- Stage 4 ovarian cancer – where the cancer has spread to other organs and tissues around the body (including the lungs or liver in some cases).
In all cases of ovarian cancer, surgery and chemotherapy may be recommended by doctors. According to Cancer Research, the chances of surviving ovarian cancer for more than 5 years after diagnosis decreases at each stage. For stage 1 ovarian cancer, 95% of women will survive for more than 5 years. For stage 4, the survival rate is 15%.
Therefore, any misdiagnosis of ovarian cancer can have serious consequences if the cancer is not diagnosed until a later stage.
According to the NHS, you should see a doctor if you have signs of ovarian cancer. This means that you should seek medical advice if you have any of the following symptoms around 12 or more times a month:
- Feeling bloated or a swollen tummy.
- Feeling full quickly after eating or a lack of appetite.
- Needing to urinate more often or an urgent need to pee.
- Tenderness or pain in the tummy or between the hips.
Other symptoms associated with ovarian cancer include back pain, constipation, indigestion, unexplained weight loss, constant tiredness and vaginal bleeding post-menopause.
Misdiagnosis of any cancer is a form of medical negligence. Therefore, you might be eligible to claim compensation for any suffering that results. When assessing cancer misdiagnosis claims, a medical negligence solicitor on our team will check for:
- Negligence: This is where a medical professional failed to provide a level of care that could be reasonably expected; and
- Causation: Here, your solicitor will look for evidence that you’ve suffered as a direct result of the misdiagnosis.
In any medical negligence claim, a suitably qualified third-party medical expert will be asked to review what happened. If they believe that your treatment was substandard i.e. they’d have done things differently, your solicitor could agree to represent you and seek compensation on your behalf.
Importantly, ovarian cancer misdiagnosis claims are possible against private medical providers as well as the NHS.
It’s important to reiterate that ovarian cancer happens naturally and you can’t always claim compensation. However, misdiagnosis or another form of medical negligence that makes you suffer in some way could allow you to claim. For example, you could be eligible to claim compensation for ovarian cancer misdiagnosis if your condition got worse because:
- Your doctor was negligent in failing to refer you for specialist cancer tests.
- A test is delayed or isn’t correctly reported to your doctor.
- Your condition is diagnosed as another type of illness and treated incorrectly.
- Your doctor fails to interpret test results properly which leads to a delay in treatment.
As shown above, misdiagnosis of ovarian cancer can have significant consequences. Any delay in treatment could mean you require more invasive surgery or chemotherapy, a drop in your chances of conceiving a baby naturally or a reduced chance of survival.
If you or a loved one has suffered because of ovarian cancer misdiagnosis, please let us know and we’ll review your options for free.
We know that claiming compensation after a loved one has died from ovarian cancer will never make things right. However, you may wish to seek justice on their behalf by claiming compensation for the pain and suffering they endured. Also, you may be able to claim compensation to cover funeral expenses, the loss of companionship and the loss of their earnings if you or a child were financially dependent on the deceased’s income.
If you’d like advice on how to claim after losing a loved one, please speak to one of our team members. They will deal with your call compassionately and you’ll be under no obligation to proceed.
If you decide to make an ovarian cancer claim, you could seek damages to cover:
- Physical pain and suffering.
- Fear, distress, depression and other forms of mental harm.
- Loss of enjoyment of your usual hobbies.
- Lost income (and future losses if you’ll continue to be affected in the future).
- Care costs.
- Medical expenses.
- Travel costs.
- Home adaptations to make it easier to deal with any long-term suffering.
We believe you have a strong chance of winning an ovarian cancer misdiagnosis claim and receiving a fair settlement amount if your claim is managed by a specialist medical negligence solicitor.
Each compensation claim for misdiagnosis due to medical negligence is essentially unique as each claimant will be affected in different ways. The amount of compensation awarded for successful claims will largely depend on the extent of your suffering.
To assess the extent of any physical or mental harm, an independent medical specialist will be consulted. They’ll discuss how you’ve been affected and review your medical records before producing a report about your prognosis. Once your solicitor has received this report, they’ll be able to calculate how much compensation you could be entitled to.
Please contact us if you’d like to see if a medical negligence solicitor on our team could help you to get the compensation you deserve.
As with any other type of medical negligence claim, ovarian cancer misdiagnosis claims have a 3-year limitation period. Generally, this will start from the date the misdiagnosis was identified.
Early claims are usually suggested because if liability for the misdiagnosis is accepted, you could be entitled to interim payments to cover private treatment, and any care costs and to help you cope with the impact of lost earnings.
If you’re claiming after losing a loved one because of a misdiagnosis, you’ll have 3-years from the date they passed away.
We realise that dealing with the ovarian cancer misdiagnosis claims process is stressful enough before you even think about the cost of hiring a specialist solicitor. For that reason, our team of medical negligence solicitors offer a No Win No Fee service for any claim that they agree to work on.
That means that you:
- Won’t be asked to pay for your solicitor’s work upfront.
- Won’t pay legal fees for claims that fail.
- Will only pay a set fee if your claim is won.
We are ready to provide free legal advice about your options if you call us on 0800 6524 881. A specialist will guide you through the claims process and explain your options. You won’t be under any pressure or obligation to make a claim but we could partner you with a medical negligence solicitor on our team if your claim is strong enough and you wish to proceed.
Please get in touch online or by phone if you have any additional questions about ovarian cancer misdiagnosis claims.