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      Can I claim for cancer misdiagnosis?

      Being diagnosed with cancer is one of life’s most confronting experiences — and for over 450 Australians each day, it becomes a reality. In most cases, doctors act quickly to diagnose and treat the condition. However, there are times when clear symptoms are missed, leading to delays in diagnosis or — in some cases — no diagnosis at all. On the other hand, some patients are incorrectly told they have cancer when they don’t.

      If your cancer was misdiagnosed, you may be entitled to significant compensation through a medical negligence claim. Also known as medical malpractice, these claims can cover medical costs, lost income, ongoing treatment, and the pain and suffering you’ve endured.

      We understand that starting a medical negligence claim can feel overwhelming, particularly when you’re already dealing with the emotional and physical toll of a misdiagnosis. That’s where our experienced cancer misdiagnosis lawyers come in. We’ll take the time to listen to your story and explain your legal options in plain English — completely free of charge.

      Start your free online claim check

      Find out if you’re eligible for a cancer misdiagnosis claim today.

      Check your claim nowIt only takes 2 minutes.

      Examples of cancer negligence claims

      We’ve spent over 25 years helping everyday Australians get the compensation and justice for cancer misdiagnosis. Some of the most common examples of medical negligence that can lead to a cancer misdiagnosis claim include:

      • Delayed diagnosis: when a medical professional fails to identify your cancer within a reasonable timeframe, allowing the disease to progress.
      • Missed diagnosis: when cancer is not diagnosed at all until it’s detected by another medical professional — often after symptoms have worsened.
      • Incorrect diagnosis: when you’re wrongly told you have cancer, leading to unnecessary treatment, or when you're diagnosed with a different illness altogether.
      • Failure to refer: when a GP or specialist doesn’t refer you for further testing, such as scans or biopsies, despite ongoing or worsening symptoms.
      • Failure to follow up: when abnormal test results aren’t reviewed or communicated properly, resulting in missed opportunities for early intervention.
      • Inadequate testing or interpretation: when critical diagnostic tests are either not performed, or the results are misread by a pathologist or radiologist.

      These are just some of the situations where you may be entitled to cancer misdiagnosis compensation. If you’re unsure whether your case qualifies, get in touch today. Our cancer misdiagnosis lawyers are always available to provide free advice on your rights.

      What to do if you’ve been misdiagnosed

      If you suspect you’ve been misdiagnosed, it’s important to seek a second opinion as soon as possible. Every doctor has different experience, and another perspective could make all the difference in reaching the right diagnosis.

      Once you have answers and the right treatment underway, reach out to our team. We’ll launch a thorough investigation to see whether medical negligence was involved. This process is completely free, and there’s no obligation — just a straightforward way to find out if you’re entitled to compensation.

      How much compensation can I claim?

      There’s no average payout for a cancer misdiagnosis in Australia — it all depends on your particular situation, like how serious the negligence was and the impact the misdiagnosis has had on your life.

      In less severe cases, where the prognosis wasn’t significantly affected, compensation often ranges between $100,000 and $200,000. But in cases involving major negligence or life-altering outcomes, payouts can exceed $10 million.

      It’s also important to understand that compensation isn’t just about covering your medical bills. You may be entitled to claim a wide range of losses, such as:

      • Lost income: including wages you’ve already missed out on, as well as future earnings and superannuation.
      • Care and support: whether it’s professional care or unpaid help from family and friends — including situations where you’re no longer able to care for someone else.
      • Other related costs: like medical expenses, travel for treatment, rehabilitation, or home and vehicle modifications.
      • Pain and suffering: covering the emotional toll, loss of enjoyment of life, and overall impact the injury has had on your wellbeing.
      • Exemplary damages: in rare circumstances, the court will award extra compensation if it finds that your medical professional showed a blatant disregard for your safety.

      Esther wins $1.5mil settlement after hospital fails to find cancer

      When Esther visited a public hospital with persistent groin pain, she underwent ultrasounds and x-rays — but the hospital failed to identify a suspicious mass. This oversight led to a delayed diagnosis of a rare, aggressive cancer, resulting in extensive treatment and long-term health consequences.

      Our lawyers gathered evidence showing that other hospitals would have taken further steps given the nature of her symptoms. We also worked with medical experts to confirm that the delay in diagnosis significantly worsened her prognosis and increased her suffering. Thanks to this thorough preparation, we secured a $1.5 million settlement for Esther, covering her medical costs, lost income, and future financial needs.

      Read Esther’s full story here

      How do I prove my cancer medical negligence claim?

      It’s important to understand that a cancer misdiagnosis doesn’t automatically entitle you to compensation. To succeed in a cancer medical negligence claim, you need to prove three key elements:

      A breach of duty can occur through either a negligent action or a failure to act. A negligent action involves something your medical professional did incorrectly, like misdiagnosing another illness as cancer. In contrast, a negligent failure to act happens when a medical professional fails to fulfil their expected responsibilities, such as not referring you to a specialist despite clear symptoms of cancer.

      To determine if a breach of duty has occurred, the ‘reasonable standard of care’ test is used. This test assesses whether another qualified medical professional, in the same circumstances, would have acted similarly.

      Several factors are considered as part of this test, including:

      • Whether your medical professional followed established professional standards and guidelines.
      • Testimonies from other medical professionals in the same field.
      • The specific circumstances of your case, including the treatment provided and its context.

      To get compensation for a cancer misdiagnosis, you need to show a clear connection between your doctor’s mistake and the harm you experienced. This means proving two important things:

      1. Causation: your condition or prognosis got worse because of the doctor’s actions or inactions. For example, if a delayed diagnosis meant your cancer progressed to a later stage, that could be evidence of causation.
      2. Foreseeability: it was ‘reasonably foreseeable’ that your condition would worsen due to the medical professional’s mistake. For instance, if a doctor failed to order necessary tests, and that failure led to a delay in treatment, the worsening condition would be a foreseeable result.

      You also need to show that you’ve suffered injury and loss. This can include things like medical expenses, lost wages, and pain and suffering.

      Establishing cancer negligence can be especially complex because, unlike many other medical malpractice claims, you’re usually arguing that the medical professional’s actions or inactions made your condition or outlook worse — not that they caused the cancer itself. Understanding this subtle difference requires deep knowledge not only of medical law but also of medicine, including cancer diagnosis, treatment options, and typical outcomes.

      That’s why our lawyers undergo rigorous training in both medicine and law. This unique combination of expertise allows them to handle even the most challenging cancer medical negligence claims with confidence and skill.

      How much will my claim cost?

      We know that many people hesitate to make a cancer misdiagnosis claim because they’re worried about the cost. But at Monaco, we don’t believe money should ever stand in the way of justice. That’s why we offer a true No Win No Fee guarantee on all medical negligence cases.

      Our cancer misdiagnosis lawyers cover every cost, from legal fees to expert reports and court filing charges. And if your case doesn’t succeed? You won’t owe us a thing.

      Here’s how we stand apart from other law firms:

      • We offer free legal advice for cancer patients and those affected by misdiagnosis.
      • If we don’t win, you don’t pay. No hidden fees, no fine print.
      • We cover every upfront cost, including our legal fees, expert evidence, court costs and other case-related expenses.
      • Our fees are capped at 30% of your compensation, compared to up to 50% at some firms.
      • In most cases, we recover our fees from the other side — meaning you keep more (if not all) of your payout.

      Want a better idea of how much your claim will cost? Reach out to our cancer misdiagnosis lawyers for a free consultation now.

      How to make a cancer misdiagnosis claim

      Every cancer misdiagnosis claim is slightly different, but yours will most likely go through the following steps:

      At your free consultation, you’ll chat directly with one of our experienced cancer medical negligence lawyers. We’ll listen carefully to your story and explain your legal options in clear, easy-to-understand terms.

      If you choose to move forward, the same lawyer you meet with will likely handle your case from beginning to end — giving you consistent support and expert advice every step of the way.

      Your lawyer will carefully review your medical records and history to fully understand what went wrong. If needed, we’ll bring in one of our trusted medical experts to provide an in-depth assessment of your condition — and we’ll cover all the costs involved. Plus, with our No Win, No Fee guarantee, you won’t pay anything unless we win your case.

      We work hand-in-hand with a trusted network of medical professionals — including GPs, surgeons, and liability experts — to gather the detailed reports and evidence needed to support your claim. If your condition has affected your ability to work or reduced your hours, we’ll also bring in vocational specialists to assess how your condition impacts your job now and down the line.

      Once we’ve gathered strong expert evidence, we’ll start court proceedings by filing the necessary documents and sharing everything with the medical professional’s insurer. From there, your case usually moves to mediation, where our lawyers negotiate confidently and strategically to get you the best possible outcome.

      Most medical negligence claims are resolved through mediation, meaning you can often avoid going to court. During mediation, your lawyer will handle all the negotiations, using their expertise and thorough preparation to fight for the best possible outcome. If a fair settlement isn’t reached, we’ll guide you through the next steps and help you make informed decisions about how to move forward.

      Frequently asked questions

      You may be able to claim compensation for almost any type of cancer, as long as it was misdiagnosed or not diagnosed at all due to medical negligence. This includes, but isn’t limited to:

      • Bladder cancer.
      • Bowel (colorectal) cancer.
      • Breast cancer.
      • Cervical cancer.
      • Kidney cancer.
      • Lung cancer.
      • Melanoma and other skin cancers.
      • Ovarian cancer.
      • Pancreatic cancer.
      • Prostate cancer.
      • Stomach cancer.
      • Testicular cancer.
      • Throat or tongue cancer.

      Keep in mind, this isn’t a complete list — there are many types of cancer, and you may have been diagnosed at any number of medical stages. If you’re living with cancer and believe poor medical treatment made things worse, don’t suffer in silence. We’re here to help you get the compensation and support you deserve, so you can focus on your health and recovery.

      Time limits apply to all cancer misdiagnosis claims, with the exact deadline depending on which state you’re in.

      StateTime limit
      NSW, VIC, SA3 years after discovering your injury.
      QLD, WA3 years from the date of the medical malpractice.
      ACTFor physical injuries, 3 years from the date of the medical malpractice.

      For diseases or disorders, 3 years after:
      • Discovering the disease or disorder, and
      • That it was caused by medical malpractice.

      If you’ve missed the time limit to make a claim, you may still be able to apply for an exception through the court. When deciding whether to allow a late claim, the court will consider things like:

      • Whether you had proper legal advice.
      • What steps you took to get medical or legal help.
      • How long the delay has been.
      • How serious your injury is.
      • Whether your doctor tried to discourage or prevent you from claiming.

      Before you take any steps, it’s a good idea to speak with a lawyer. A specialist cancer misdiagnosis lawyer can assess your situation, identify the most suitable exception, and manage the whole process for you. We’ve helped many clients succeed with delayed claims — and we’re here to help you too.

      For more details, take a look at our complete guide to medical negligence time limits.

      Before asbestos was banned in Australia in 2003, it was widely used in everything from insulation to building materials and roofing. Sadly, the ban came too late for many people who had already been exposed at work, at home, or in public places.

      If you’ve been diagnosed with lung cancer, mesothelioma or another asbestos-related cancer — and that diagnosis was missed or delayed — you may be eligible to claim compensation through both a medical negligence claim and a separate common law asbestos claim. You might also hear it called an ‘asbestos lung cancer lawsuit’

      As long as each claim involves a different form of negligence by different parties, you can make them at the same time.

      What’s the difference between the two claims?

      A common law asbestos claim focuses on how and where you were exposed to asbestos. This is typically through:

      • A current or former employer.
      • A manufacturer or supplier of asbestos products.
      • A property owner who failed to manage asbestos risks.

      Asbestos-related lung cancer claims are about proving that a particular source of asbestos caused your illness.

      In contrast, a medical misdiagnosis claim focuses on the impact of the delay or misdiagnosis.

      How to make both types of claims

      Many people pursue both claims. For instance, if your cancer was caused by asbestos exposure 30 years ago, but doctors failed to pick it up when symptoms began, you could have a case against both your employer and the medical professionals who treated you.

      Each claim is assessed separately, and you could be awarded compensation under both. However, any overlapping amounts — like medical expenses — may be adjusted to ensure you’re not compensated twice for the same loss.

      If you’re thinking about making both a common law asbestos claim and a medical misdiagnosis claim, it’s really important to speak with a lawyer first. These types of claims are highly complex, requiring a deep understanding of cancer diagnosis and treatment, decades-old asbestos exposure, and how to clearly prove negligence.

      Your lawyer will need to gather the right medical and vocational evidence to show how your illness developed and link it directly to the actions (or inactions) of others. Without the right support, your case might not be strong enough — and that could mean missing out on the full compensation you deserve, or even having your valid claim denied.

      Yes, you can claim compensation for a surgical complication related to cancer treatment if it resulted from medical negligence. This means the surgeon or medical team didn’t provide the accepted standard of care, causing you harm beyond the normal risks of the procedure. Note that this type of claim is separate from a cancer misdiagnosis claim and is known as a ‘surgical negligence’ claim.

      Common examples of cancer-related surgical negligence include:

      • Debulking complications.
      • Nerve damage.
      • Infection caused by inadequate sterilisation.
      • Removal of healthy tissue by mistake.
      • Poor management of post-surgical complications.

      If you’ve experienced a complication that has worsened your health or caused additional issues, it’s a good idea to speak with a specialist surgical negligence lawyer. They can assess your case and help you understand your options.

      You can make a cancer misdiagnosis claim against any medical professional who failed to diagnose your cancer or diagnosed it incorrectly. This can include:

      • General practitioners (GPs).
      • Oncologists.
      • Radiologists.
      • Pathologists.
      • Surgeons.
      • Emergency department doctors.
      • Dermatologists.
      • Gynaecologists.
      • Gastroenterologists.
      • Urologists.

      In some cases, you might also be able to claim against a hospital or medical facility — especially if broader issues like poor systems or procedures contributed to your misdiagnosis.

      As part of our service, our cancer misdiagnosis lawyers will look closely at your case to identify everyone who played a role in the care you received. Often, you can take action against more than one doctor or organisation, which can help increase the total compensation you’re able to claim.

      Cancer misdiagnosis claims are incredibly complex, involving both medical and negligence law. To make a successful claim, your lawyer needs to understand why the misdiagnosis happened, what the treating doctors should have done differently, and whether their behaviour fell below the standard expected of a reasonable doctor. Without this mix of medical and legal expertise, proving a misdiagnosis claim is almost impossible.

      An experienced cancer misdiagnosis lawyer will:

      • Listen carefully to your story and provide free, straightforward legal advice.
      • Gather strong evidence to prove negligence and how it worsened your prognosis.
      • Challenge any opposing evidence with medical reports and expert testimony when needed.
      • Offer a free second opinion if another lawyer has told you that you don’t have a claim.
      • Identify additional claims that could boost your total compensation, such as Total and Permanent Disability (TPD).
      • Work hard to ensure you receive the maximum compensation possible for your situation.

      Our cancer misdiagnosis lawyers are specially trained to take on major healthcare insurers and collaborate with a wide network of medical experts to get you the compensation you deserve.

      In addition to your cancer misdiagnosis claim, you might be able to claim extra benefits through your superannuation. The options available depend on the details of your super policy, but typically include:

      Superannuation policies can be complex and vary significantly from person to person, which can make it difficult to know exactly what benefits you’re entitled to. That’s where we come in.

      Our cancer misdiagnosis lawyers will take the time to carefully review your super policy, clearly explain your entitlements in plain English, and guide you through the claims process. We’re here to make sure you access every benefit available — and claim every dollar you deserve.

      See more FAQs

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Iain Miller
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Byron Dickson
      Associate
      • English
      • Medical Negligence
      View full bio
      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Meet more of the team

      Get free legal advice

      Find out if you have a claim today.

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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

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      Why choose our cancer misdiagnosis lawyers?

      Cancer misdiagnosis claims are among the most complex injury claims. You’re not arguing that your doctor caused your cancer, but that their delay in diagnosing it made your condition worse. Proving this takes both legal expertise and a deep understanding of how cancer progresses. That’s where our cancer misdiagnosis lawyers come in.

      With decades of experience, we know how to identify the full impact of a misdiagnosis — physically, emotionally, and financially — and convert that into clear, claimable losses. These can include things like the cost of medical treatment, ongoing care, loss of income, and compensation for pain and suffering.

      To strengthen your case, we also work with a trusted network of medical experts to gather strong, independent evidence, such as specialist assessments, detailed reports and expert testimony. This evidence is often the key to proving negligence and securing the maximum possible payout.

      Contact us today for free, no-obligation legal advice. Find out what you’re entitled to and the best strategy for winning your cancer misdiagnosis claim.

      Speak to one of our friendly lawyers

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      Millions won for our clients

      View more case results

      $10 million

      Cancer Misdiagnosis Lawyers
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      Hospital pays substantial settlement to father left unable to walk or talk

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      $2.5 million

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      $2.5 million

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      Amy wins significant payout for hospital negligence during surgery — despite being warned of the risks

      After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy* suffered a perforated bowel, leaving her unable to walk or work. We proved that the...

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      $1.5 million

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      Esther wins $1.5mil settlement after hospital fails to find cancer

      When Esther* went to a public hospital with groin pain, she underwent ultrasounds and x-rays, but the hospital failed to identify a suspicious mass. This negligence led...

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      $750,000

      Cancer Misdiagnosis Lawyers
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      Young mother gets payout for improper GP treatment

      Sarah's doctor injured her nerve while attempting to remove a contraceptive implant. She was unable to work or care for her children. We helped Sarah win a...

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      $500,000

      Cancer Misdiagnosis Lawyers
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      Mary secures settlement for delayed cancer diagnosis in just 8 months

      When doctors repeatedly missed diagnosing Mary’s* breast cancer, we tapped into our network of experts to swiftly secure the compensation she needed for her ongoing care. Mary...

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      $230,000

      Cancer Misdiagnosis Lawyers
      Medical Negligence

      Client secures out-of-Court settlement for botched surgery

      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

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      $850,000

      Cancer Misdiagnosis Lawyers
      Medical Negligence

      Both dentist and hospital held responsible for poor surgery aftercare

      Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

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      $550,000

      Cancer Misdiagnosis Lawyers
      Medical Negligence

      Hospital compensates mother after failing to recognise signs of foetal distress

      Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

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      $550,000

      Cancer Misdiagnosis Lawyers
      Medical Negligence

      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

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