A 17 year old boy suffered delayed diagnosis of testiuclar cancer, which left him with a painful full-length scar on his abdomen. He was awarded:
The survival rate for testicular cancer is excellent and so the majority of men will to make a full recovery after being diagnosed and treated properly. However, in a few cases the disease can be misdiagnosed as a less serious condition, or treatment delayed, which can result in worse outcome than should have been the case
Finding out you have any form of cancer is a terrifying experience but for those that have been let down by the health professionals whom they expect to care for them it can be particularly hard.
You should be able to rely on your doctor for advice and information during this difficult time. But if there has been a delay in diagnosis or poor treatment patients can feel vulnerable and confused. If you experienced misdiagnosis, delays in treatment or another form of medical negligence while you had testicular cancer you may be able to make a compensation claim. While we can’t erase what you have experienced, our investigation can answer questions you may have about the care you received if successful you can achieve compensation to help cover future medical costs, time off work, or other expenses.
Because of our years of experience and knowledge of the medical negligence process, Your Legal Friend can help.. A missed testicular cancer diagnosis compensation claim doesn’t have to be stressful and when you work with us we’ll make the whole process as smooth as possible while offering support and guidance throughout.
When you make bring a medical negligence claim you start it in Court within 3 years of your diagnosis. This date is referred to as the ‘date of knowledge’.
You have 3 years to make a testicular cancer malpractice claim but starting the process sooner than this can make it easier for you and the team supporting you. The details of your case will be clearer in your mind when you make your statement if it is given not long after the experience. Accessing important documents such as medical records scans or complaint files is easier if this step is taken not long after your diagnosis.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
If you believe you may have a claim for a medical negligence arising from testicular cancer misdiagnosis but are unsure, we can help you. We’ll work with you to pinpoint the ‘date of knowledge’ and should you have a case we can support you throughout the process.
Throughout your claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
Our medical negligence team has years of experience working on a wide variety of cancer negligence cases so we understand just how difficult a decision it can be to bring a testicular cancer negligence case.
That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
Our testicular cancer negligence team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value testicular cancer negligence cases.
Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.
Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.
Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.
If you’d like advice as to whether you might be able to pursue a cancer negligence claim, either call our freephone number or submit your details through the form on this page and we’ll be in touch to schedule a phone call at a time that’s convenient for you. If you decide that you’d like to start a claim, one of our medical malpractice lawyers will be able to tell you whether you can enter into a No Win, No Fee agreement*, meaning that in the event that your claim is unsuccessful, you won’t have to pay any legal costs so there’s no financial risk to you.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
Pay nothing if you lose your case, get maximum compensation if you win
Whatever the nature of your testicular cancer negligence claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard testicular cancer negligence claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.
We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.
You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery. You may also need to return to work as soon as it’s safe to do so.
You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury. To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.
We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.
The value of your claim comprises:
You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.
It is possible to make a claim for the misdiagnosis of testicular cancer but you will need to prove that you were let down by the health care system and suffered as a result to be successful. Misdiagnosis can occur for many reasons, including:
Compensation for delayed testicular cancer diagnosis can vary and will be calculated for each individual. The amount that you receive reflects the extent of pain and suffering you have endured as a result of the negligence. It also takes into account financial losses both past and future. For this reason, it’s impossible to tell you how much you will receive without fully understanding your case, however, our experienced and knowledgeable specialist solicitors can explain what you are likely to recover.
If you would like to make a claim for compensation for delayed diagnosis you must start your case in Court within 3 years from the ‘date of knowledge’. This means you have 3 years from when you were first diagnosed with testicular cancer.
If you’re unsure, reaching out and talking to one of our specialist medical negligence lawyers will help you to understand whether you have a claim and how to take the next step in the process. While you do have 3 years we recommend that where possible you start the process sooner rather than later. This not only means you will have access to the financial compensation sooner if successful but can give you the answers you may need to move forward. It’s often also easier to access paperwork to support your case and for you to recall details the closer the claim is made to the experience.
Testicular cancer is a form of cancer that starts in the testicles. It isn’t as common as other types of cancer in the UK and tends to affect men between the ages of 15 and 49.
Testicular cancer accounts for just 1% of all cancer in men in the UK and each year around 2,200 men are diagnosed with the disease. The cancer is unusual in that it usually affects men at a younger age than other cancers, where typically ageing increases the risk of the disease developing.
Testicular cancer is caused when cells in the testicles begin to act abnormally and uncontrollably multiply. These cells can then become cancerous. However, the exact causes of what leads to the abnormal cells are unclear. Despite this, research has linked some risk factors to an increased chance of the disease developing.
Causes of testicular cancer include:
There are other risk factors too, including injury to the testicles, being born with hypospadias, having HIV or AIDS, or having an inguinal hernia.
Often the only early symptom of testicular cancer that is picked up is a lump or swelling in one of the testicles. The lump or swelling can be size of a pea but in some cases may be larger. While lumps are one of the signs of testicular cancer it often isn’t, in fact, less than 4% of scrotal lumps are cancerous. However, the NHS warns that they shouldn’t be ignored and advises men to make an appointment with their GP as soon as they notice signs and symptoms of testicular cancer. This is because treatment has a much higher chance of success if the cancer is diagnosed during an early stage.
Other, less common, testicular cancer signs include:
Diagnosing testicular cancer usually starts with an appointment with your GP after you have noticed a lump or other symptoms in your scrotum. Your doctor should look at your medical history, ask about your symptoms and conduct a physical examination to assess whether the lump or swelling is cancerous. If your GP believes the lump could be cancerous you should be refereed for further testing within 2 weeks.
There are several options for testing in order to obtain a testicular cancer diagnosis, including:
One test for testicular cancer is a scrotal ultrasound. The painless test is used to differentiate between lumps that are cancerous and those that are benign, with lumps that are solid, rather than filled with fluid, more likely to be cancerous.
There are certain hormones in the blood which may indicate whether or not testicular cancer is present. Having alpha feta protein (AFP) or human chorionic gonadotrophon (HCG) in the blood can indicate that further testing is needed, although not all of those suffering from testicular cancer will produce these ‘markers’.
Other types of cancer are often diagnosed with a biopsy, where some cells are removed and examined. However, this isn’t possible for testicular cancer as it may injure the testicle and cause the cancer to spread. If a specialist is relatively certain of a diagnosis of testicular cancer they will recommend histology as a result. This is where the affected testicle is removed completely before being examined under a microscope, a process that is known as histology.
When diagnosed quickly, patients with testicular cancer have a good chance of beating their disease. However, testicular cancer misdiagnosis can occur and mean that vital treatment is delayed. Misdiagnosed testicular cancer can have a significant impact on the success of treatment, especially if it results in the cancer spreading to other areas of the body.
There are many other conditions that testicular cancer can be misdiagnosed as, including:
Hydrocele is a harmless condition where fluid collects in the scrotum. Doctors should ensure that lumps in testicles are referred for further testing to rule out cancer but if this isn’t done it can lead to testicular cancer being dismissed as hydrocele.
A cyst is a sac filled fluid and when it occurs in the scrotum it can appear as a lump similar to the symptoms of testicular cancer. However, a doctor should still order further tests to rule out the lump being cancerous and an ultrasound should highlight whether the lump is a fluid filled cyst or a solid cancerous lump.
Epididyitis is when the tube at the back of the testicle becomes inflamed. It can become swollen, similar to testicular cancer, but it can also be painful. The condition is often the result of an infection and antibiotics may be used to treat it. If testicular cancer has wrongly been diagnosed as epididymitis, the mistake should become apparent when the course of medication doesn’t work.
Most commonly chemotherapy, radiotherapy and surgery are used for testicular cancer treatment. After receiving a diagnosis you’ll receive a treatment plan depending on the type of cancer you have and the stage of the cancer. Treatment for testicular cancer is generally successful in the majority of cases but the earlier it is diagnosed the more likely it is to cure the disease
In all cases of testicular cancer the first treatment option is to remove the affected testicle in an operation called an orchidectomy. This is because only removing the tumour can lead to the cancer spreading and the surgery shouldn’t affect the ability to father children. In some cases surgery may be the only step needed in treating testicular cancer but in others it will be done in conjunction with chemotherapy or radiotherapy.
One of the testicular cancer treatment options is chemotherapy, it’s often used after surgery to cut the risk of cancer returning by killing any cancerous cells that remain.
Like chemotherapy, radiotherapy is often used alongside surgery to reduce the risk of cancer affecting the remaining testicle.
Testicular cancer types are split into two categories – seminoma and non-seminoma – depending on the type of cell the cancer started in. Both of these cancers develop from germ cells in the testicles and require very similar treatment so often the exact type of cancer isn’t as important as it is with other forms of cancer. Around 45% of cases are pure seminomas but it is possible to have mixed tumours, where both seminoma and non-seminoma cells are present.
There are also rare testicular cancer types but only a few men are diagnosed with these cancers in the UK every year. This includes cancer that affects the lymphatic system and mesothelioma, which is more common in the chest or abdomen but may occasionally start in the testicle.
As with most types of cancer, the testicular cancer survival rate is improving as more research is conducted and more men are diagnosed at an early stage thanks to awareness campaigns.
Testicular cancer statistics show that 99% of men diagnosed with testicular cancer will survive their diagnosis by a year or more, while 98% survive their disease for more than a decade. Testicular cancer advancements mean that almost all men that are diagnosed today will live for years after their diagnosis, a significant improvement when compared to the 70s, when just 69% lived for 10 years or more after diagnosis.
While the survival rate of testicular cancer is generally good there are some factors that play a role. Younger men are more likely to survive testicular cancer for more than five years, with the figure gradually decreasing with age. Those that are not diagnosed to the final stage are also at greater risk, however, the 5-year survival rate is still good at 81%, but it’s worth noting that the majority of patients at diagnosed at stage 1.