Carly Saxon-Garnett
Senior Associate Solicitor, Medical Negligence
English
Being diagnosed with cancer is a life-changing event. But cancer misdiagnosis or delayed diagnosis can lead to incorrect or late treatment and a reduced chance of recovery. Our Medical Negligence Solicitors understand the shock, anger, and fear you may be feeling and will provide you with compassionate, sensitive, practical legal advice if you wish to claim compensation. Claiming compensation can give you access to the funds you need to access private healthcare treatment, which may improve your chances of recovery. It can also hold the healthcare provider who misdiagnosed your cancer or diagnosed it late accountable. Your case could also make sure essential lessons are learned so that others don't have to suffer in the same way.
We offer a Free Claims Assessment and will support you every step of the way if you choose to take legal action. If a family member or loved one has died because of a late cancer diagnosis as a result of medical negligence, we can help you claim compensation.
Our specialist Solicitors will carefully listen to your story and devote themselves to helping you reach the best possible settlement. We'll also explore non-confrontational ways of agreeing your compensation, such as mediation, so you don't have to go to court.
So, if you think you could claim compensation for misdiagnosis of cancer, contact us for a no-obligation Free Claims Assessment. We could visit you at home (in England or Wales), and we can usually deal with your claim on a No Win, No Fee basis.
Cancer Research estimates that 1 in 2 people in the UK will be diagnosed with cancer in their lifetime. Macmillan reports that survival rates are improving, with early diagnosis giving patients the best chance of living for longer or making complete recoveries.
But while most cancer patients have positive care experiences in the UK, cancer still often goes undiagnosed or is misdiagnosed. A study by The Independent found that four out ten cancer patients are initially misdiagnosed at least one before their illness is identified.
Incorrect or delayed treatment can impact on your chances of survival and/or recovery and, if due to a medical mistake, could give you grounds to make a cancer negligence claim.
Early diagnosis of cancer is known to improve your recovery significantly. Late cancer diagnosis claims happen where symptoms go unidentified for longer than they reasonably should.
Delaying treatment can allow cancer to spread, leading to more invasive treatment and a lower chance of survival. There are many reasons why a cancer diagnosis can be delayed or misdiagnosed by a medical professional, such as:
In the majority of cases, when cancer is spotted and treated earlier, the prognosis is likely to be better.
A delay in diagnosis may mean:
You can claim for late or incorrect cancer diagnosis if you can prove, on the balance of probabilities:
It is usually straightforward to establish that your healthcare professional owed you a duty of care. However, proving that they breached this duty and caused you harm can be more complex. That’s why having the guidance and representation of our experienced Medical Negligence Solicitors is essential for successfully pursuing a compensation claim.
Claiming may not be your first thought if your life has been turned upside down by a missed or late cancer diagnosis. But while nothing can erase the trauma of a late or wrong diagnosis, claiming compensation can provide a sense of justice and help you access vital treatment.
Both misdiagnosis for cancer and late diagnosis can be avoided with thorough checks and tests carried out promptly and correctly by medical professionals.
More than a third of UK patients experience inefficiency at the diagnosis stage, whether due to multiple incorrect diagnoses or extended waiting times of over six months.
There are more than 200 types of cancer, and many share symptoms with other conditions. This means a wide variety of cancers can go undetected or misdiagnosed for many months.
Common cancer misdiagnosis claims involve:
If you can provide evidence that, on the balance of probabilities, your healthcare professional misdiagnosed your cancer or provided a late diagnosis, you may be able to claim compensation.
Cancer negligence claims are complicated, and getting independent legal advice can help you understand whether you have a medical negligence claim.
Contact our friendly legal experts for a Free Claims Assessment when you feel ready. We'll tell you if we think you have grounds to make a claim and explain your options moving forward. Even if we do think you could claim cancer misdiagnosis compensation, there's no obligation to continue.
If you do decide to bring a claim, you can rely on our legal specialists to make the process as simple and stress-free as possible and keep you updated every step of the way.
Our Solicitors will carefully examine your medical records and ask lots of questions about your visits to your GP or hospital to understand how the late or incorrect cancer diagnosis happened.
Aside from your medical records, other evidence we will use may include:
You'll also need to provide receipts and details of all the expenses and financial losses you have suffered due to your late or incorrect cancer diagnosis.
No, you can make a GP Negligence Claim or Hospital Negligence Claim for any late cancer diagnosis or misdiagnosis.
In certain situations, you can bring a compensation claim on behalf of loved ones, including:
You'll usually have three years from when the negligence happened or from when you became aware of it to start your claim. This time limit may be extended in certain situations:
Although the Courts have wider powers to alter the time limits, they rarely do. This makes it best to seek legal advice as soon as possible if you think you have grounds for cancer misdiagnosis compensation.
We're rated‘Excellent’Hospital Negligence Claims can be made against private healthcare providers and NHS hospitals. All doctors registered with the General Medical Council have a duty of care to you and must meet specific professional standards, no matter who they work for.
A typical claim runs as follows:
Compensation for Hospital Negligence can help you rebuild your life by easing financial pressure and allowing you access to care you may need in the future. If the NHS Trust or private hospital admits responsibility, we'll ask for an interim payment. They are sums of compensation paid upfront so you can pay for rehabilitation, treatment or any immediate costs you're facing.
Medical negligence compensation awards are split into two categories:
We're rated‘Excellent’Whether you're claiming against a GP surgery, an NHS hospital or a private healthcare provider, you don't need to worry about taking money from their budget.
NHS Resolution deals with medical negligence claims for wrong or late cancer diagnosis claims against the NHS, and private healthcare providers will have their own insurers.
We may be able to offer you a No Win, No Fee agreement. This means you won't pay any money upfront for your legal fees, but you will have to pay for additional costs, known as Disbursements like Court fees or expert reports fees. This can be covered by an insurance product called After the Event Insurance, which would cover these costs for you. Your case handler will provide more detail about this.
You'll sign a Conditional Fee Agreement or a Damages Based Agreement that says if you lose your case, you won't pay our legal costs. If you win your case, the other side will pay for a proportion of our legal costs, but you may have to pay for some of these yourself from your damages. This is usually capped at a percentage agreed in advance.
The amount you receive will depend on the severity of the consequences of your late or incorrect diagnosis.
Your cancer misdiagnosis compensation will be calculated based on factors including:
Your Solicitor can give you an estimate of how much compensation you could receive for misdiagnosis after they learn the details of your case and collect all the evidence. Whatever your situation, we’ll do all we can to get you a fair amount that also includes any future compensation needs.
We're rated‘Excellent’If your loved one has died due to a late or incorrect cancer diagnosis, you may be able to make a Fatal Medical Negligence Claim. Our Solicitors will provide you with the advice and representation you need compassionately and sensitively.
An inquest is an investigation into how, when, and why someone died. It is not a legal trial, although there are some similarities. For example, the Coroner can call on experts and witnesses to the death to give evidence. However, they do not decide criminal or civil liability or set out blame.
Our Inquest Solicitors and Lawyers can guide and support you through an inquest into your loved one's death and advise as to whether you may have a medical negligence claim.
You may have a case if the care you received fell below acceptable standards and negatively impacted your condition. Cancer misdiagnosis claims can be made against both the NHS and private healthcare providers.
We’ve secured compensation for thousands of people in the past that have suffered medical negligence. Here are just two examples.
East Cheshire NHS Trust sends ‘sincere condolences’ for failings in Jack Hilton’s care. The parents of a young man with learning difficulties who died after doctors failed to diagnose him with sepsis have finally received a ‘proper letter of apology’ from the East Cheshire NHS Trust, two years after it admitted to failings in his care.
A boy who suffered brain damage at birth and went on to develop cerebral palsy as a result of delays in his delivery has today been awarded a compensation package worth in excess of £15million by the High Court.
Our client was being treated for Crohn’s disease but was prescribed the wrong medication, which reacted to elevated levels of creatinine in her blood. This was in breach of guidelines from the National Institute for Health and Care Excellence (NICE), and triggered chronic kidney disease
We have a robust track record of providing compassionate legal advice and successfully winning compensation for our clients. Suffering from a late or incorrect cancer diagnosis is never your fault. We can help you get the compensation you need to fund further treatment and remove any financial pressure.
You can trust that when you talk to our Medical Negligence Solicitors, they will listen with sensitivity and compassion. We're members of the Law Society's Clinical Negligence Accreditation Scheme and the Action against Medical Accidents (AvMA) Solicitors referral panel.
Our experience and reputation mean we have developed connections with many agencies and support services that can help you and your family if your life has been turned upside down due to a cancer misdiagnosis or a late diagnosis.
Yes, you can claim for loss of earnings and benefits, such as your workplace pension.
Cancer symptoms vary depending on the type of cancer you have. Common symptoms can include:
If you have any of the above symptoms, it is crucial to seek medical advice immediately.
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