Sadly, cancer rates are rising rapidly in Australia. In 2000, there were 88,000 cases, but by 2023, that number had nearly doubled to 165,000, even though the population only grew by about a third. Experts predict this could exceed 200,000 yearly cases within the next decade.
Unfortunately, as cases rise, misdiagnoses are becoming more common, often delaying crucial treatment. For instance, a 2015 study found that hepatoid adenocarcinoma (HAC), a form of lung cancer, had a misdiagnosis rate of over 30%.
With the staggering increase in cancer cases, the likelihood of misdiagnosis has also grown, making it important to understand the steps to take if you find yourself in the same situation.
What is cancer misdiagnosis?
A cancer misdiagnosis occurs when you are incorrectly diagnosed with an illness or condition that may appear similar to cancer.
Some examples of cancer misdiagnosis include mistaking:
A cancerous tumour as a benign tumour
Skin cancer for eczema
Shortness of breath from lung cancer as asthma or tuberculous
Change in bowel movements from bowel cancer as irritable bowel syndrome (IBS) or gastro-oesophageal reflux disease (GERD)
Reasons for a cancer misdiagnosis
Cancer misdiagnoses can occur for a variety of reasons, as the medical system is a complex network of referrals, clinics, specialists, and laboratories.
Some common reasons for cancer misdiagnosis include:
With so many tests and clinics, lengthy waits for referrals, lab results, and second opinions are common. This can result in months between the initial appointment and diagnosis, potentially escalating a cancer from early stage to late stage.
This happens when a doctor mistakes cancer symptoms for a less serious condition, leading to incorrect treatment or no treatment at all, costing patients valuable time.
Similar to an inaccurate diagnosis, this occurs when a healthcare professional or specialist fails to detect cancer despite multiple tests. Not only does this cost a patient time, but it has a profound mental impact.
Errors can occur when medical records are incorrectly filed, test samples are contaminated, or tests are improperly administered. Misinterpretation or delays in reports, and the failure to order follow-up referrals with specialists, can also lead to serious issues.
What to look out for if you feel you’ve been misdiagnosed
If you feel you’ve been misdiagnosed, look out for persistent symptoms that don’t improve with treatment, and seek a second opinion immediately. Healthcare professionals have varying expertise in detecting certain conditions, so consulting another specialist can help confirm or correct your diagnosis.
Once you’ve received the right diagnosis and appropriate treatment, you can then explore your legal options if you believe medical negligence was involved.
What types of compensation entitlements can you receive?
If you pursue a medical negligence claim, you may be entitled to various compensation benefits. There are three main types of damages you could be awarded.
Special damages cover economic losses from the date of the injury, including:
• Medical costs (e.g. surgery, hospital charges, medication)
• Rehabilitation costs (e.g. physical therapy, occupational therapy, cognitive rehabilitation)
• Special medical equipment
• Travel and accommodation expenses
• Loss of income
• Legal fees
General damages cover non-economic losses, which are calculated throughout your claim. They cover:
• Pain and suffering
• Loss of limbs, organs, senses, and disfigurement
• Loss of past and future earning
• Loss of enjoyment of life (this may include inability to engage with family, hobbies, occupation, relationships, and other life activities)
Although rare, a court may find that a healthcare professional displayed a blatant disregard for a patient’s safety and rights.
In such cases, the court might award exemplary (or punitive) damages as additional compensation.
How we can help
We understand how overwhelming a cancer misdiagnosis can be, and we’re here to provide the experienced legal support you need. Our dedicated team will work tirelessly to help obtain the answers you’re after and guide you through every step of the process.
We can also support you through our free social work services if you’re facing emotional, financial, or psychological hardship throughout the claims process.
We believe that quality legal services should be accessible to everyone, which is why we operate on a No Win, No Fee* basis, meaning if you don’t win, you don’t pay for our professional fees for work on your case. You may still be liable to pay third party costs and disbursements. This helps ensure that cost is never a barrier to seeking justice.
Who pays in a medical negligence claim?
We understand that healthcare professionals are human, and mistakes happen. However, if you’ve received a cancer misdiagnosis, it can have severe consequences.
That’s why in Australia, all healthcare professionals are legally required to be insured for their entire scope of practice, whether through their employer or personal indemnity insurance.
As a result, if your claim is successful, any financial compensation you receive will likely come from your healthcare professional’s insurance provider, rather than from the professional directly.
We offer a No Win, No Fee* arrangement. This means that if you don’t win, you don’t pay the fees for the work we do on your case!
Can I make a superannuation claim?
Yes – if you’re unable to work due to a cancer misdiagnosis, you can claim benefits from your superannuation fund.
In Australia, dealing with a cancer misdiagnosis can be deeply challenging for individuals and families. The complexities of navigating both the medical and legal systems can add to the stress of an already difficult situation. Therefore, it's essential to have access to both expert legal support and compassionate guidance throughout the process. Understanding that medical professionals are insured and that errors can occur provides some context, but it doesn’t diminish the impact patients carry for the rest of their lives. That’s why it’s important to seek expert advice to receive all your legal entitlements that you deserve.
Find out where you stand
Medical negligence is a particularly complex area of law and any potential claim must be investigated thoroughly. If medical treatment or consultation has left you worse off than expected and think that you have a medical negligence claim, start your free claim check or call us.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.
