Delayed Cancer Diagnosis Compensation Claims

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The range of treatments for a wide range of cancers is expanding rapidly, but the key to successfully treating the disease is to attack it before it spreads from the initial part of the body to other organs. Early diagnosis therefore is crucial, but in too many cases cancers go undiagnosed until it is either too late to treat or the treatment required is far more draconian – and unpleasant – than it should have been.

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    Compensation for delayed cancer diagnosis

    The law of medical negligence in this area is well established, but medical negligence time limits will apply and the evidential burden can be onerous. If you or a member of your family has suffered from the late diagnosis of cancer, seek expert legal advice as soon as you can. Medical negligence compensation may not be able to restore your health or return your loved ones, but can help to fill the financial void that serious diseases such as cancer create. Read more>> how to sue for medical negligence

    These malpractice cases revolve around four components, and each must be proven by the plaintiff. The first is the duty element. This is inherent whenever a hospital or health care provider engages in the care and treatment of patients. This duty must have been breached. That means the health care provider did not provide the expected level of care.

    Late diagnosis of cancer is something that the medical profession in the UK is well aware of

    The extent of the late diagnosis of cancer is something that the medical profession in the UK is well aware of. In 2007, the Department of Health’s Cancer Reform Strategy identified late or missed diagnosis as a significant contributor to the UK’s relatively poor cancer survival rates compared to other developed countries.

    Can you make a claim for delayed or misdiagnosed cancer?

    You might be able to claim compensation if your healthcare provider failed to diagnose your cancer, delayed your referral for treatment or failed to administer correct testing and monitoring of your cancer.

    We can help if you’ve suffered due to delayed diagnosis or misdiagnosis of:

    We offer a No Win No Feeservice for all cancer misdiagnosis or delayed diagnosis claims. Call us today on 0333 987 416 for a free initial consultation.

    << Back to delayed diagnosis and misdiagnosis

    Common Questions Relating to Cancer Misdiagnosis

    There are a vast number of cancers and some have very similar symptoms as non threatening health problems. It might be you have been told you have cancer only to later discover it is not, or you may be told you have a non life threatening condition like a cyst when in actual fact it turns out to be cancer. Both of these situations cause an enormous amount of emotional harm and potentially harm to your future health. if in doubt get a second opinion and ask your GP for tests if you do not feel you are being taken seriously.

    The most misdiagnosed cancers are as follows

    • Breast Cancer
    • Lung Cancer
    • Pancreatic Cancer
    • Colorectal Cancer

    Unfortunately a doctor can miss cancer when diagnosing you for a number of reasons. Usually there is some kind of error in the pathology process. A doctor will send out a biopsy for testing/analysis and it is reviewed by a pathologist to see if the sample is cancerous. This is where errors can occur all be it very rarely.

    Generally blood tests cant tell if you have cancer accurately on their own, unless the cancer is “blood cancer” . Blood tests can be an indicator of what is going on inside your body that may lead a doctor to take your health compliant more seriously and seek further tests.

    If you or a loved one has suffered due to negligence and misdiagnosis please contact one of our specialist solicitors on 0333 987 4161 to discuss your claim.

    In The News

    The NHS made a near record payout to the parents of a girl left brain damaged after a jaundice treatment went terribly wrong.

    The girl, now 9 years old, was awarded £19 million (the top end for brain injury claims) after being born with severe jaundice and treatment being delayed by Kings College Hospital. The NHS lawyers accepted that there had been shortcomings in her care and agreed to settle the claim.

    The girl’s lawyers claimed that, had medics carried out a complete blood exchange, she may very well have escaped the permanent injury she has been left with.

    Alexander Hutton QC for the trust said “This case did highlight shortcomings in the care that was provided.
    “We are extremely sorry for those shortcomings and I am told that the trust has worked hard to ensure that this will not happen again in the future.”

    In a recent judgement handed down by the UK Supreme Court, Croydon Health Services NHS Trust found itself blamed for incorrect information about waiting times given to an assault victim by a non-clinically trained hospital receptionist. Consequently, the patient, Michael Darnley, suffered severe and lasting consequences.

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