Misdiagnosis of Cancer Claims
Cancer is an extremely serious health condition that can have life-threatening consequences if misdiagnosed or left untreated as a result of medical negligence.
As a condition requiring prompt diagnosis and immediate treatment to improve your chances of recovery, failure to diagnose cancer in a timely manner can have severe consequences for yourself and your loved ones.
If you believe you were subject to misdiagnosis of cancer as a result of clinical negligence, you may be able to claim compensation against the hospital or healthcare practice where you received incorrect medical care.
If you plan to start a claim for cancer misdiagnosis, our specialist team of medical negligence solicitors can support you in completing the process. Our team at Elite Law Solicitors is highly experienced in helping our clients make claims for the misdiagnosis of severe health conditions, including cancer.
Contact us today by calling 0800 086 2929, emailing email@example.com or by completing our Free Online Enquiry Form to discuss your case with one of our highly trained clinical negligence specialists.
Can I claim for misdiagnosis of cancer?
If you believe that your cancer was diagnosed later than it should have been due to medical negligence, you may be able to claim compensation to cover the cost of your care and any loss of earnings resulting from misdiagnosis. You may be able to claim a medical clinic or hospital if they fail to diagnose you, leading to you seeking the correct diagnosis elsewhere from another trained medical professional.
Some of the most common types of cancer misdiagnosis claims include:
- Breast cancer
- Bowel cancer
- Brain cancer
- Cervical cancer
- Lung cancer
- Liver cancer
- Ovarian cancer
- Pancreatic cancer
- Prostate cancer
- Skin cancer
A cancer diagnosis is time-sensitive for many patients, making it important for this condition to be identified as swiftly as possible to improve the chance of recovery. Medical negligence may apply if a doctor or other healthcare professional fails to diagnose symptoms resulting from cancer or if they diagnose a lesser condition instead of conducting further testing, failing to meet the necessary standards for patient care. If you believe either of these concerns applies to your late cancer diagnosis, you may be eligible to claim compensation with the support of a trained cancer misdiagnosis solicitor.
You may also choose to make a claim for misdiagnosis of cancer on behalf of a loved one. For example, if you have a child under the age of 18 who has been misdiagnosed or you care for someone with limited or no mental capacity, you may claim compensation to support their ongoing care. In cases where a loved one has passed away as a result of misdiagnosis due to medical negligence, you may also choose to claim on their behalf to recover compensation for financial losses.
Can I claim if I have been given an incorrect diagnosis of cancer?
If you are told by a medical professional that you have cancer and later find out this diagnosis was incorrect, you may also be able to make a claim of cancer misdiagnosis against that hospital or clinic. While delaying a cancer diagnosis can have serious consequences, diagnosing cancer when you do not have this condition can also be harmful. For example, a doctor incorrectly diagnosing you with stomach cancer may delay the treatment of a different stomach problem, leading to worsening health and long-term complications.
Being diagnosed with cancer is stressful, upsetting and difficult for the patient and their loved ones. Beyond the anxiety that misdiagnosis can cause, the intense treatments used to help people recover from cancer can also be detrimental to the health of the patient. For example, chemotherapy can lead to a weakened immune system, which can cause further illness or require the patient to take time off work. When diagnosed incorrectly, cancer can lead to unnecessary health complications due to medical negligence.
Which types of cancer misdiagnosis can I claim compensation for?
If you have experienced medical negligence resulting in a cancer misdiagnosis, you may be able to claim compensation. You can claim if you have been misdiagnosed with cancer, or if you are diagnosed incorrectly with cancer. As different types of clinical negligence can lead to an incorrect diagnosis, claims of this type cover various failures. These include:
- Misinterpretation of x-rays, scans or medical tests
- Unnecessary medical care
- Incorrect medical treatment
- Lack of GP referral to a specialist
- Administrative failures to inform or follow up with patients
- Incorrectly receiving an all-clear diagnosis
- Delayed treatment
- Delayed diagnosis or incorrect diagnosis
What compensation can I claim for cancer misdiagnosis?
Cancer misdiagnosis can lead to a variety of different outcomes. For some patients, incorrect treatment can lead to a loss of earnings before they are rediagnosed. For others, failure to diagnose promptly can lead to lifelong health concerns and continual care that may not have been necessary without misdiagnosis. Your settlement may be calculated with the following considerations in mind:
- Ongoing medical treatment
- Loss of earnings
- Travel costs
- Other related expenses
- Financial losses following death
How do I make a cancer misdiagnosis claim?
Making any medical negligence claim requires significant preparation and understanding of the legal processes involved in the duty of care to patients and the clinical failure of medical professionals. Firstly, working with a highly qualified solicitor can ensure your case is well-managed and appropriately prepared before you make your claim.
Your solicitor will work with you to identify if there is a liability, providing expert guidance on whether you would like to continue with your case. As with any medical negligence case, a case for cancer misdiagnosis requires proof that a hospital, clinic or healthcare professional has been negligent and not met necessary standards for patient care.
Once your solicitor has determined liability, they will support you in gathering evidence and making your claim. A Letter of Claim is sent to the hospital or clinic outlining why you are asking for compensation due to medical negligence. Once this letter is delivered, the healthcare practice has three months to provide a response and complete any internal investigations.
Medical negligence claims can be settled outside of court, with both parties agreeing on compensation due to cancer misdiagnosis. In some cases, such as if medical negligence is denied or if an appropriate compensatory amount is not agreed upon, the claim process continues on to the court. At this point, a final decision is made over the fault in the case and the amount of compensation to be awarded. Your solicitor will provide clear information about how the cancer misdiagnosis claim process works and will make you aware of the possibility of going to court as required.
How are cancer misdiagnosis claims funded?
If you would like to make a medical negligence claim for cancer misdiagnosis, several options are available for funding. In some cases, you may choose to pay your costs up-front. However, there are alternative options available. These include legal expenses insurance, which may be part of your household insurance policy or choosing to work with a no-win, no-fee solicitor.
No win no fee is a standard option that many solicitors provide, such as our team at Elite Law Solicitors. If your cancer misdiagnosis case is successful and you receive compensation, costs are recovered from the other side, which means you are not charged for the legal services your solicitor provides throughout your medical negligence case.
Is there a time limit for bringing a misdiagnosis of cancer claim?
The standard time limit for medical negligence compensation claims applies to cancer misdiagnosis claims. As such, you will typically have to make your claim within three years of misdiagnosis or failure to diagnose.
If you are claiming compensation on behalf of a child, you have until the age of 18 to complete your claim, at which point they have three years in which they can choose to make their own claim.
The exception to this time limit is for claims where an individual is determined not to have mental capacity, in which case there is no limiting factor on when a claim can be made.
Can I claim for compensation if I was treated privately?
Yes, you can choose to make a claim for compensation regardless of whether you received negligent care at a private hospital or NHS practice. If you have experienced cancer misdiagnosis due to medical negligence, you can make a claim against any medical professional or hospital with a duty of care to you as a patient.
Working with trained solicitors with extensive experience handling private medical negligence claims is an ideal starting point to ensure your case is thorough and well-handled throughout the compensation claim process.
How our medical negligence solicitors can help
At Elite Law Solicitors, our team understand that cancer diagnosis can be a shock to the client and the family. In general, the cancer claims which we manage involve clients suffering with symptoms unexplored by the General Practitioner or hospital.
Our solicitors have a thorough understanding as each cancer claim turns on its own facts. Sometimes, the delay in the diagnosis would not have altered the outcome of the claim. The negligence in cancer claims occurs when GPs fail to consider “red flag signs” of ongoing symptoms lasting several months. This includes GPs not undertaking proper safety netting in suspected cancer claims.
At Elite Law we will always instruct highly qualified medical experts who assist in determining whether the claim will succeed and calculate whether client’s life expectancy has been affected by the negligence.
If you are considering pursuing a claim relating to misdiagnosis of cancer, please get in touch today by calling 0800 086 2929, emailing firstname.lastname@example.org or by completing our Free Online Enquiry Form.