While cancer diagnoses are rising, cancer misdiagnosis remains a problem. This can drastically reduce patients’ treatment options, quality of life, and chance of survival.
Our team of cancer negligence solicitors have won compensation for many patients and families in the past and are here to support you with your own cancer misdiagnosis claim.
What Are Cancer Misdiagnosis Claims?
Cancer misdiagnosis and medical negligence cancer claims are legal actions taken against medical professionals who have breached their duty of care to a patient, resulting in physical or mental harm that could have been avoided. Claims are usually made by the patient but can be made on behalf of a patient who has passed away, is under the age of 18, or does not have mental capacity.
When Can You Make a Cancer Misdiagnosis Claim?
You can make a cancer misdiagnosis or negligence claim in various circumstances.
Some of the common cases we see include:
- GP or consultant did not to take symptoms seriously, leading to an incorrect or delayed diagnosis.
- Inadequate referrals or delays in appointments for investigations and treatment.
- Misinterpretation of test results or incorrect medical records.
- Mismanagement of cancer diagnoses or treatments, including being wrongly informed about your condition or treatment risks.
Cancer negligence can occur at any stage of your care, from initial appointments and investigations to surgery and follow-up treatments. A delayed or incorrect diagnosis may allow the cancer to progress, leading to more extensive treatment or surgery. Even a false cancer diagnosis can result in psychological trauma, which may entitle you to cancer negligence compensation.
What Types of Cancer Misdiagnosis Claims Do We Help with?
Our specialist solicitors have over 30 years of experience handling many different types of cancer misdiagnosis claims and are familiar with the mistakes made by medical professionals when they provide the wrong diagnoses. We have included some of the most common cancer claims we help with below:
- Bowel Cancer – Many patients who are later diagnosed with bowel cancer are initially misdiagnosed as having irritable bowel syndrome or an autoimmune disorder such as coeliac disease.
- Breast Cancer – Claimants for breast cancer misdiagnosis have been told that suspicious lumps are benign cysts or blocked milk ducts.
- Cancer of the Cervix – As its earliest symptoms are limited to vaginal discharge and pains in the stomach or pelvis, cervical cancer can often be misdiagnosed as vaginal amebiasis (vaginal infection) or even irritable bowel syndrome.
- Lung Cancer – Occasionally, lung cancer is overlooked and misdiagnosed as a more routine respiratory illness, such as asthma.
- Prostate Cancer – As an enlarged prostate can lead to infrequent or painful urination, it is sometimes misdiagnosed as a urinary tract infection.
- Vulval Cancer – Many of the symptoms of vulval cancer overlap with less serious conditions, such as lichen sclerosis, yeast infections, urinary tract infections and even skin conditions such as eczema.
- Skin Cancer – When moles and inflammation are not properly investigated, serious skin cancers such as melanoma can be misdiagnosed as eczema or psoriasis.
Case Studies from Successful Cancer Misdiagnosis Claims
Our specialist solicitors have secured substaintial compensation for clients affected by cancer misdiagnosis and delayed diagnosis
- Justice secure for a client who underwent unnecessary lung removel after a misdiagnosis unnecessarily had her lung removed after a cancer misdiagnosis.
- £1.5 million recovered by our Director, Caroline Moore, for the misdiagnosis of granulosa cell ovarian cancer that had spread to the lung.
- £484,000 awarded for delayed cervical cancer diagnosis.
Discover more examples of our successful case studies.
Do You Have a Cancer Misdiagnosis Claim?
At Medical Solicitors, we conduct most of our clinical and medical negligence claims under Conditional Fee Agreements to ensure that our clients do not have to worry about whether they can afford their cancer negligence claims. You have nothing to lose in speaking to us.
If you or a loved one has experienced medical negligence during your cancer care, or a false diagnosis has delayed your treatment and led to further health complications, please contact our friendly team of specialist lawyers for a free consultation about your cancer misdiagnosis claim.
What Happens When You Make a Cancer Misdiagnosis Claim?
If you decide that you want to pursue a cancer misdiagnosis claim, here's what to expect:
- Initial Consultation - You'll speak to one of our friendly cancer negligence solicitors, who will review your case and advice whether you may have a valid claim.
- Evidence Gathering - We undertake an initial screening stage of obtaining the medical records, collecting evidence and discussing the issues with medico-legal experts on an informal basis (pro bono).
- No Win, No Fee Agreement - Should your case pass the screening stage with the experts, then we offer a no-win no-fee agreement, and after that, we can obtain formal expert reports.
- Notifying the Healthcare Provider - Once we've built a strong case, we formally notify your GP practice or hospital that you are bringing a claim.
FAQs for Cancer Misdiagnosis Claims
What are the time limits for cancer misdiagnosis claims?
Whether you are claiming for yourself or someone else, you need to make your cancer misdiagnosis claim within three years of the patient being harmed. Failure to claim within this time limit could lead to your claim being “time-barred” by a court.
However, if there were circumstances preventing you from making your claim, you may be able to submit a Section 33 of the Limitation Act 1980 application to extend this deadline.
It is important to note that the three-year time limit does not apply to cancer negligence claims made for children until they turn 18.
What is the average payout for a cancer misdiagnosis claim?
The amount of compensation you will be awarded will depend on the severity of your injury and how it has impacted your life. When our solicitors are assessing your cancer misdiagnosis claim, we will value your compensation based on the following criteria:
- General damages – The value of the physical and psychological harm you have suffered as a result of your misdiagnosis.
- Special damages – The past and future financial losses you have/will incur as a result of your misdiagnosis, such as loss of earnings while undergoing treatment or losing your ability to work.
Your cancer negligence compensation should also cover any expenses you have incurred as a result of your misdiagnosis. This can include the cost of private healthcare appointments and transport to the hospital, private carers and any changes made to your home or car, loss of earnings for a family member who has left their job to care for you, as well as the cost of therapy or counselling services.
Where can you get support for cancer?
Whatever stage you are at in your cancer care, there are numerous support groups and cancer charities that will be happy to help you, such as:
- Breast Cancer Now is the largest breast cancer charity in the UK. It offers free courses, expert talks and monthly meet-ups with other people who are living with breast cancer.
- LUNGevity is a service of CancerCare® that provides free professional support to anyone coping with lung cancer. This includes counselling, support groups, financial assistance and educational workshops.
- Pancreatic Cancer UK has a support line and a forum for patients to share advice and useful information with one another.
- MacMillan provides support for patients with all types of cancer, answering common questions and helping them find local support groups.
