Home > Accident Types > Medical Negligence > Misdiagnosis of Cancer Claims

 

Cancer Misdiagnosis Compensation Claims

If you or a member of your family has suffered as the result of a cancer misdiagnosis caused by medical negligence, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.

Cancer Misdiagnosis
Who Can Make a Clinical Negligence Claim?
Claiming Compensation
Previous Experience of Cancer Misdiagnosis Cases
Compensation
Our Personal Injury Lawyers

Cancer Misdiagnosis

Sometimes doctors fail to diagnose cancer in a sufferer, and sometimes cancer is diagnosed when none is present.

If someone with cancer is not correctly diagnosed, their condition may go untreated as a consequence. This can have very serious implications as the treatment required may no longer be as straightforward and, in some cases the cancer may grow to the point where treatment is no longer an option, resulting in serious illness or a reduced life expectancy.

In cases where cancer is diagnosed in error, this can cause a great deal of stress and anxiety, as well as unnecessary surgery and drug treatment. It may also mean that the real cause of a person’s symptoms is left untreated. The charity Cancer Research UK can provide information and support for cancer sufferers and their families.

[Back to Top]

Who Can Make a Clinical Negligence Claim?

The first question to be answered is whether the doctor was falling short of the accepted standard for his area of specialisation when he made, or missed, the diagnosis.

After that, the important question is what would have happened if the correct diagnosis had been made and how does that compare with what actually occurred.

When the courts are assessing what would have happened if there had been proper treatment, they use a balance of probability test, meaning ‘more than 50% likely’. For example, if the experts say that timely treatment would have given the patient a 60% chance of survival, and the delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that and for any different and more serious treatments. If a 40% chance had fallen to 20% however, there would be no award for that, as survival was less than probable in both cases.

Doctors often assess cancers in stages. If you can show that the delay has let the cancer progress to the next stage, when treatment would probably have prevented that, you should be entitled to compensation.

[Back to Top]

Claiming Compensation

Anyone who has endured pain and suffering as the result of a cancer misdiagnosis, that would not have occurred had the diagnosis been correct, may be entitled to claim compensation. Expert clinical negligence lawyers, such as those used by The Legal Line, will be able to assess the merits of each individual case and advise accordingly.

The assistance of a specialist lawyer can be invaluable, as making a clinical negligence claim for any medical misdiagnosis is often complicated. They can collate all of the relevant evidence and the best course of action.

In every case, medical evidence will be required. It is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (what is know in law as negligence), and that the resulting problem was a reasonably foreseeable consequence of that negligence. This means careful assessment by doctors expert in that area of medicine of the prospects of survival.

[Back to Top]

Previous Experience of Cancer Misdiagnosis Cases

Our lawyers, Thompsons Solicitors, have handled many claims for damages in respect of cancer misdiagnosis. Below are examples of the types of case that they have dealt with:

• Skin Cancer – Often, the first signs of skin cancer are changes in the shape and size of a mole, usually one that is raised. Medical advice should be obtained immediately if such changes occur and your GP should investigate the matter.

In one case, our lawyers successfully obtained an admission of liability from a Trust in a case where skin cancer was not detected following the removal and testing of a mole. It was 2 years before the correct diagnosis was eventually made. In another case, they obtained compensation where an 8 month delay in treatment after the diagnosis had been made led to extra patient scarring.

• Breast Cancer – Early diagnosis and treatment of breast cancer gives a greatly increased chance of survival. It is the most common form of cancer amongst women and primarily affects those over 50 years of age, although it can occur in younger women and even men

Admissions of liability and compensation have been obtained by our lawyers in cases where there has been insufficient testing, examination and follow up treatment for a patient who was reported changes in their breasts, that has led to more radical surgery being needed or a significant loss of chance of survival.

• Colon Cancer – Cancer of the colon often begins as a polyp which, if detected and removed in time, may not be able to become cancerous. Symptoms such as rectal bleeding and changes in bowel movements can be an indication that certain tests should be carried out.

Our lawyers have successfully claimed compensation, sometimes where a GP has failed to refer a patient reporting these symptoms on to a specialist.

A late diagnosis can result in more aggressive treatment being necessary or a reduced chance of survival.

[Back to Top]

Compensation

There are two elements to a compensation award, also known as an award of damages.

The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (the effect on your way of life, perhaps an inability to continue your hobbies or look after your family). It can include compensation for scarring and depression, for example.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the problems you have encountered had never occurred.

There can be an award for loss of earnings, where you have had to lose time from work or give up work altogether. Costs for care, equipment and transport can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

When someone dies, an award for bereavement is made to a surviving spouse or civil partner. There can also be an award for the loss to someone who was financially dependent on the deceased, such as a spouse, partner or child.

[Back to Top]

Our Personal Injury Lawyers

The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of clinical negligence. They can provide specialist claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.

[Back to Top]