Is it possible to make compensation claims for the misdiagnosis of terminal lung cancer when you have been told that you have just a few months to live and a year later informed that it had all been a mistake?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Your eligibility to make compensation claims for the misdiagnosis of terminal lung cancer in this scenario is going to depend on how the original misdiagnosis affected your physical and psychological health, what consequence it made to your subsequent quality of life and whether you have sustained any financial loss because of the misdiagnosis of terminal lung cancer.

Lung cancer is a particularly painful illness, and when you have been diagnosed with a serious illness which is ultimately going to be relieved by your death, it can be exceptionally upsetting. Previous victims of a misdiagnosis of terminal lung cancer have suffered depression, sleep disturbances and the involuntary loss of employment due to their inability to focus on much beyond their imminent pain and demise.

However, even if you have developed physical or emotional ailments due to the misinformation given to you by a medical practitioner, you will only be entitled to claim compensation for the misdiagnosis of terminal lung cancer if it can be shown that the medical practitioner who provided you with the diagnosis of terminal lung cancer – or one of their support team – was negligent and failed in their duty of care.

This will require a fairly comprehensive review of your medical history to establish how the misdiagnosis happened, which tests were incorrectly performed or erroneously interpreted and whether the mistakes which were made could have been avoided with greater care. Once it has been determined that the misdiagnosis of terminal lung cancer was caused by medical, administrative or technical negligence, you will be eligible to make compensation claims for the misdiagnosis of terminal lung cancer.

You will also be able to claim compensation for the misdiagnosis of terminal lung cancer if you have suffered any adverse reaction to unnecessary treatment and if you have made any decisions based on the misdiagnosis which have resulted in a financial loss. By the conclusion of your claim for the misdiagnosis of terminal lung cancer compensation, your financial status should be the same as if the misdiagnosis had never been made.

Because compensation claims for the misdiagnosis of terminal lung cancer in your particular circumstances are particularly complex, it is advisable that you speak directly with an experienced medical negligence solicitor at the first possible opportunity.