Personal Legal Services » Medical Negligence » Cancer Misdiagnosis
If you or a family member has suffered following a misdiagnosis of cancer, then you may be able to make a clinical negligence claim, if the misdiagnosis was negligent.
Sometimes, your doctor can misinterpret symptoms or test results. Sometimes, a doctor does not recognise worrying symptoms and there is a delay in referring to a specialist. Sometimes, cancer is diagnosed when a patient does not in fact suffer from cancer and potentially damaging treatments such as chemotherapy can be put in place.
No Win No Fee Medical Negligence Claims
We offer a free consultation with one of our friendly solicitors to get the ball rolling. After you’ve told us what happened, we’ll provide you with expert legal advice at no cost to you.
What types of cancer can lead to a clinical negligence claim?
Cancer can affect almost any part of the body, and getting the right diagnosis and treatment at the right time can be important. Unfortunately, there are cases where cancer is missed, diagnosed late or incorrectly diagnosed because the standard of care provided by a healthcare professional has fallen below what should reasonably be expected.
At Taylor Emmet, our clinical negligence solicitors deal with cancer claims involving many different types of cancer. This can include cases where there has been a failure to investigate symptoms, arrange appropriate tests, correctly interpret test results, make a timely referral or provide appropriate treatment.
Some of the types of cancer our clinical negligence team can assist with include:
Bowel cancer
Bowel cancer
Bowel cancer is the third most common cancer in the UK. Eight out of ten people who are diagnosed with bowel cancer are 60 or over. There are tests which can be carried out which help to identify bowel or colon cancer including colonoscopy, proctoscopy, virtual colonoscopy (CT), barium enema, biopsy, sigmoidoscopy and blood tests. If you have suffered from rectal bleeding, then the appropriate examination and testing should take place which could assist with diagnosing cancer as early as possible.
Please contact one of our team of friendly and professional solicitors to discuss any potential case involving the late diagnosis of cancer. We can assist by pursuing a Complaint. We can also assist by bringing legal action if necessary.
We can look to obtain compensation. Compensation can include the following:-
- Pain, suffering and loss of amenity
- Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
We will be happy to discuss with you in total confidence any enquiries that you have regarding a cancer case. Please submit an enquiry. We will be happy to call you back to discuss, without obligation, how we can help.
Breast cancer
Breast cancer
Negligence cases are often concerned with the delayed diagnosis of breast cancer. The outcome, following a diagnosis of breast cancer, depends on how early or advanced the cancer is when it is diagnosed.
Sometimes, delayed diagnosis can occur as a result of a lack of examination, a lack of proper analysis of biopsy and test results and sometimes lumps in the breast are diagnosed as being benign when they are in fact not.
Sometimes, with earlier diagnosis, a lumpectomy could be utilised rather than a full mastectomy. Sometimes, due to a delay in diagnosis, chemotherapy could have been avoided. Early diagnosis is vital in ensuring effective treatment for breast cancer.
Please contact one of our team of friendly and professional solicitors to discuss any potential case involving the late diagnosis of cancer. We can assist by pursuing a Complaint. We can also assist by bringing legal action if necessary.
We can look to obtain compensation. Compensation can include the following:-
- Pain, suffering and loss of amenity
- Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
We will be happy to discuss with you in total confidence any enquiries that you have regarding a cancer case. Please submit an enquiry. We will be happy to call you back to discuss, without obligation, how we can help.
Lung cancer
Lung cancer
Lung cancer causes a great many deaths. Smoking is closely linked with lung cancer but it can also arise from inhaling other toxic substances such as asbestos. Achieving a diagnosis as soon as possible is vital to effective treatment and palliative care.
Sometimes, tests, including x-rays and biopsies, are delayed as a result of negligence by a health professional. This can lead to a delay in treatment. It can mean that some patients are unable to obtain palliative care to assist with pain relief and personal care. It can also lead to premature death.
Please contact one of our team of friendly and professional solicitors to discuss any potential case involving the late diagnosis of cancer. We can assist by pursuing a Complaint. We can also assist by bringing legal action if necessary.
We can look to obtain compensation. Compensation can include the following:-
- Pain, suffering and loss of amenity
- Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
We will be happy to discuss with you in total confidence any enquiries that you have regarding a cancer case. Please submit an enquiry. We will be happy to call you back to discuss, without obligation, how we can help.
Cervical cancer
Cervical cancer
Sadly, some women can receive inaccurate results from smear tests. Sometimes, the specimen which is obtained, is not obtained properly to allow correct interpretation. Sometimes, a specimen is not entered correctly or is reported incorrectly in laboratory analysis.
Cervical cancer should now largely be preventable through effective screening. Pre-cancerous cell changes do not normally have symptoms which is why it is so important to have regular smear tests.
One of the symptoms of cervical cancer is bleeding from the vagina. Other methods of diagnosing cervical cancer include colposcopy and cone biopsy.
Please contact one of our team of friendly and professional solicitors to discuss any potential case involving the late diagnosis of cancer. We can assist by pursuing a Complaint. We can also assist by bringing legal action if necessary.
We can look to obtain compensation. Compensation can include the following:-
- Pain, suffering and loss of amenity
- Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
We will be happy to discuss with you in total confidence any enquiries that you have regarding a cancer case. Please submit an enquiry. We will be happy to call you back to discuss, without obligation, how we can help.
Lymphoma
Lymphoma
Lymph nodes in all parts of the body can be affected by lymphoma. Lymphoma is a disease of the lymphatic system but it can also occur to other areas of the body.
Clinical negligence specialists are concerned by the late diagnosis or the late provision of treatment in cases involving lymphoma.
Sometimes, there is difficulty in diagnosing a specific strand of lymphoma. A delay of sufficient duration can lead to additional suffering and/or premature death.
Please contact one of our team of friendly and professional solicitors to discuss any potential case involving the late diagnosis of cancer. We can assist by pursuing a Complaint. We can also assist by bringing legal action if necessary.
We can look to obtain compensation. Compensation can include the following:-
- Pain, suffering and loss of amenity
- Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
We will be happy to discuss with you in total confidence any enquiries that you have regarding a cancer case. Please submit an enquiry. We will be happy to call you back to discuss, without obligation, how we can help.
Prostate cancer
Prostate cancer
In common with other types of cancer cases, late diagnosis or a failure to diagnose prostate cancer can lead to significant problems for a patient who is unfortunate to have this disease.
Correct testing at an early stage can help with identifying the disease. A failure to diagnose the disease can lead to patients having a greater mortality risk.
Please contact one of our team of friendly and professional solicitors to discuss any potential case involving the late diagnosis of cancer. We can assist by pursuing a Complaint. We can also assist by bringing legal action if necessary.
We can look to obtain compensation. Compensation can include the following:-
- Pain, suffering and loss of amenity
- Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
We will be happy to discuss with you in total confidence any enquiries that you have regarding a cancer case. Please submit an enquiry. We will be happy to call you back to discuss, without obligation, how we can help.
Leukaemia
Leukaemia
Sometimes, people suffering with leukaemia can suffer a delayed diagnosis or a missed diagnosis. Late diagnosis can result in premature death and a lack of palliative care. Late diagnosis can result in additional suffering for a patient.
Please contact one of our team of friendly and professional solicitors to discuss any potential case involving the late diagnosis of cancer. We can assist by pursuing a Complaint. We can also assist by bringing legal action if necessary.
We can look to obtain compensation. Compensation can include the following:-
- Pain, suffering and loss of amenity
- Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
We will be happy to discuss with you in total confidence any enquiries that you have regarding a cancer case. Please submit an enquiry. We will be happy to call you back to discuss, without obligation, how we can help.
Case Study: Delay in Lung Cancer Diagnosis
The case involved a 5 year delay in diagnosing lung cancer, causing pain and suffering and ultimately, death. Sadly, Mr B was aware of the negligence before he died and had to ensure chemotherapy and radiotherapy knowing it was not curative.
Full Case Study
Frequently Asked Questions about Cancer Misdiagnosis Claims
Can I claim compensation for a cancer misdiagnosis?
Can I claim compensation for a cancer misdiagnosis?
Yes. You may be able to claim compensation if a healthcare professional negligently failed to diagnose your cancer, incorrectly diagnosed your condition or caused an unreasonable delay in your diagnosis, and you suffered harm as a result.
Cancer misdiagnosis claims can arise where symptoms were not properly investigated, referrals to specialists were delayed, scans or test results were misinterpreted, or appropriate follow-up investigations were not arranged. A claim will usually need to establish both that the care you received fell below an acceptable standard and that this caused you additional harm.
What counts as cancer misdiagnosis or delayed diagnosis negligence?
What counts as cancer misdiagnosis or delayed diagnosis negligence?
A missed or delayed cancer diagnosis is not automatically medical negligence. There must generally have been a failure in the care you received that a reasonably competent healthcare professional would not have made.
Examples can include failing to investigate concerning symptoms, delaying a referral to a specialist, incorrectly interpreting scans, biopsies or other test results, failing to follow up abnormal results, or incorrectly diagnosing a tumour as benign. Taylor Emmet’s cancer claims experience includes cases involving delays and diagnostic errors across a range of cancers.
Can I claim if my GP failed to diagnose my cancer?
Can I claim if my GP failed to diagnose my cancer?
Potentially, yes. A GP is not expected to diagnose every cancer immediately, but they should recognise symptoms that require further investigation or referral.
You may have grounds for a cancer negligence claim if your GP failed to appropriately investigate your symptoms, arrange necessary tests or refer you to a specialist and this caused an avoidable delay in your diagnosis. The key question is whether earlier appropriate action would have made a difference to your treatment, prognosis or outcome.
Can I claim if a scan, biopsy or cancer test was incorrectly interpreted?
Can I claim if a scan, biopsy or cancer test was incorrectly interpreted?
Yes, in some circumstances. Cancer misdiagnosis can occur when an X-ray, scan, biopsy, smear test or other investigation is incorrectly interpreted or reported.
If a negligent error resulted in cancer being missed or diagnosed later than it should have been, and the delay caused additional harm, you may be entitled to compensation. Claims can also arise where someone is incorrectly diagnosed with cancer and undergoes unnecessary treatment as a result. Taylor Emmet’s existing page specifically identifies errors involving test results and diagnostic investigations as potential causes of cancer misdiagnosis.
How much compensation can I receive for a cancer misdiagnosis claim?
How much compensation can I receive for a cancer misdiagnosis claim?
There is no fixed amount of compensation for cancer misdiagnosis. The value will depend on your individual circumstances and, importantly, the difference the negligent delay or incorrect diagnosis made to your health and treatment.
Compensation can take account of pain and suffering, loss of earnings, medical and nursing care, specialist equipment, home adaptations and other expenses caused by the negligence.
Taylor Emmet has, for example, previously secured a £78,000 settlement following a five-year delay in diagnosing lung cancer, although every cancer negligence claim is different and previous settlements do not indicate what another claim will be worth.
Can I claim if a delayed cancer diagnosis affected my treatment or prognosis?
Can I claim if a delayed cancer diagnosis affected my treatment or prognosis?
Potentially, yes. One of the important issues in a delayed cancer diagnosis claim is establishing what would probably have happened if the cancer had been diagnosed at the appropriate time.
For example, an earlier diagnosis may have allowed different or less invasive treatment, prevented the cancer from progressing, or improved a patient’s prognosis. In breast cancer cases, Taylor Emmet notes that delayed diagnosis can sometimes mean a patient requires treatment such as a mastectomy or chemotherapy that might otherwise have been avoided.
How long do I have to make a cancer misdiagnosis claim?
How long do I have to make a cancer misdiagnosis claim?
In most medical negligence cases, the time limit is three years from the date the negligence occurred or from the date you became aware that you had suffered an injury as a result of the negligence.
Different rules can apply in certain circumstances, including claims involving children and people who lack mental capacity. Because cancer misdiagnosis can involve a delay before the consequences of an earlier mistake become apparent, it is sensible to obtain specialist legal advice as soon as possible.
Can I make a cancer misdiagnosis claim on a No Win No Fee basis?
Can I make a cancer misdiagnosis claim on a No Win No Fee basis?
Taylor Emmet offers No Win No Fee arrangements for suitable medical negligence claims. We also offer a free initial consultation so that you can explain what happened and our medical negligence team can consider whether there may be grounds for a cancer misdiagnosis or delayed diagnosis claim.
What can I claim?
The value of your claim will depend on a number of factors including:
- The nature of the injury or illness
- Whether your child (or you) recover fully from the injury or illness or if it has a long term effect on their health and wellbeing
- The amount of any losses you incur as a result of the injury
You can claim compensation for the following things if they are a result of your injury: