Cancer Misdiagnosis Claims

There are a wide range of underlying reasons why cancer may be misdiagnosed, undiagnosed, or delayed in diagnosis, these include:

• Busy A&E departments may not have sufficient senior staff or radiographers to interpret scans, x-rays or other diagnostic images
• Scans may not be correctly interpreted
• Not conducting a full medical examination of the patient
• Not taking a detailed medical history
• Not referring to existing medical notes
• Failure to ask appropriate questions which may lead to a diagnosis
• Failure to ask for the opinion of another doctor (e.g. if the doctor lacks experience)
• Failure to spot early warning signs of cancer
• Not recommending cancer screening when appropriate
• Failure to refer to appropriate specialists
• Communication failures between doctors, laboratories and hospitals

For slow developing cancer, failure to spot the signs of disease may not have a significant impact on the patient.  For aggressive cancers, even a few days can make the difference between cancer which is operable and curable, and one which causes irreparable damage.  Failure to diagnose can cause a range of impacts, including:

• Premature death
• Secondary cancers and metastasis to other parts of the body
• Scarring
• Highly invasive surgery
• Greater levels of physical pain
• More aggressive treatment
• Increased recovery time
• Damage to other parts of the body
• Permanent disability
• Psychological trauma

Beyond the impact to the physical and mental wellbeing of the patient, failure to diagnose cancer can lead to loss of income, and in some cases, the inability to return a career, be independent and look after the needs of the family.

To make a compensation claim for cancer misdiagnosis, speak to one of our medical negligence compensation solicitors today.  They will take the time to listen to the details of your case in an empathetic and caring manner and advise if you have grounds for a claim.  Our team will assess whether the duty of care owed to you was breached, and whether breaching this duty of care caused your injuries.  If so, are likely to have a strong case for compensation.

Your Solicitor will take strain off you and handle your case for you, including collating the necessary evidence (including medical records and correspondence) and will write to the organisation responsible for your care, stating the grounds for your claim. Our team are best placed to be able to understand the response and move your claim forward to a satisfactory resolution.

Yes; the ‘limitation’ period to bring a claim for medical negligence is generally three years from the date of negligence or the date of reasonable knowledge of the injury.  This means that if you became aware of the failure to diagnose cancer weeks, months, or even years later, the three-year period could commence from then.  In rare circumstances, the Court may use its discretion to extend the limitation period, but only for exceptional reasons, so it is important to contact us as soon as possible.

Yes; Devonshires Claims can provide:

• ‘No Win – No Fee’ claims service for cancer misdiagnosis injury compensation claims.
• ‘No Win No Fee’ arrangement is also known as a ‘Conditional Fee Agreement’. Under a No Win No Fee agreement, you will not be charged any costs if your case is not successful*.

If you win your case there will be some deductions from your damages**.

Read our explainer for more information on our ‘No Win No Fee’ medical negligence claims.

Medical negligence injury claims are rarely completed quickly.  The timescale for a cancer misdiagnosis injury claim will depend on individual circumstances of your case; however, most cases commonly take  at least 2 – 3 years to fully conclude.  However, we are often able to secure interim payments to help you with your treatment or day-to-day expenses.  Factors which will affect how long your claim takes may include:

• how severely you were injured
• the prognosis
• whether ongoing care is required
• how much rehabilitation is needed
• whether you require costs to cover home modifications
• Whether the defendant admits liability (if they do, claims can usually be concluded much faster).

Compensation claims for cancer misdiagnosis not only reflect the physical and mental pain and suffering experienced but also:

• Allow you to obtain justice for the mistreatment and negligence you experienced
• Highlight failings in clinical practice, standards of care and protocols
• Provide you and your family with an explanation of the incident and an apology if shortcomings are acknowledged

The compensation payment will depend on several factors:

• Your pain and suffering
• Your prognosis
• The impact of the delay and / or negligence on your health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
• Any financial losses you have incurred as a result of the injuries – including past loss of earnings, medical expenses, travel expenses and equipment costs
• Any future financial losses, e.g. loss of wages, loss of promotion prospects, pension

Compensation for cancer claims injury fall into two main categories:

• General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life.
• Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.