Cancer misdiagnosis claims

Cancer misdiagnosis FAQs

• How do you know if you have a cancer misdiagnosis claim?

  There has been a growing concern about missed or delayed diagnosis since the COVID pandemic as a result of suspended screening programmes, difficulties in getting appointments with clinicians, and confusion between the presented symptoms and symptoms of COVID-19. In particular, we have seen that more lung cancer diagnoses may have been missed because of this confusion.

  The Lancet Oncology journal recently predicted that delays in treatment since March 2020 could lead to 3,500 avoidable deaths over the next five years. Despite the National Institute for Health and Care Excellence (NICE) providing guidance about the prioritisation of patients for radiotherapy, it was up to individual NHS Trusts to interpret this guidance.

  As a result of this, it will be difficult for any medical negligence claim brought in relation to events which have occurred during the pandemic to identify and prove a definitive negligent cause. Disentangling non-negligent delay (inevitable and justifiable as a result of COVID-19) and negligent delay (arising from sub-standard care) will be a challenge, and will make all claims, including cancer misdiagnosis claims, during this period even more complex. That is why it's important you choose lawyers who have the expertise to deal with such difficult cases.

• What do cancer stages and grades mean?

  We know that cancer is one of the most common illnesses in the UK, with one in two people in the UK born after 1960 expected to be diagnosed with some form of cancer during their lifetime.

  It is a disease caused by a change in the body's cells, whereby the normal cells grow in an uncontrolled way and create a tumour. If left untreated, the tumour can cause problems including:

  • Spreading into nearby normal tissues
  • Causing pressure on other body structures
  • Spreading to other parts of the body through the lymphatic system or bloodstream

  The term 'cancer' encompasses more than 200 different diseases and affects nearly every part of the body. If left untreated or treatment is delayed, they are all potentially life-threatening.
  The major types of cancer are carcinomas, sarcomas, melanomas, lymphomas and leukaemias. Carcinomas are the most commonly diagnosed cancers, and they originate in the skin, lungs, breasts, pancreas and other organs and glands.

  Lymphomas are cancers of lymphocytes and leukaemia is cancer of the blood cells. It does not usually form solid tumours.

  Sarcomas arise in bone, muscle, fat, blood vessels, cartilage or other soft or connective tissues of the body. They are relatively uncommon, while melanomas are cancers that arise in the cells that make the pigment in skin, commonly known as skin cancer.

  If you or a loved one have been diagnosed with cancer, you will be aware of the stage and grade of the cancer. The stage describes the size of a tumour and how far it has spread from where it originated, while the grade describes the appearance of the cancerous cells.

  Staging and grading the cancer help the doctors to determine its size, whether it has spread and the best treatment options.

  Cancer stages

  Different types of staging systems are used for different types of cancer, but the common method of staging is categorised 0 – IV.

  • Stage 0 - indicates that the cancer is where it started (in situ) and hasn't spread
  • Stage I – the cancer is small and hasn't spread anywhere else
  • Stage II – the cancer has grown, but hasn't spread
  • Stage III – the cancer is larger and may have spread to the surrounding tissues and/or the lymph nodes (part of the lymphatic system)
  • Stage IV – the cancer has spread from where it started to at least one other body organ; also known as "secondary" or "metastatic" cancer

  If you have bowel cancer, the most common system used is TNM staging, but you may also hear references to Dukes' staging system. This works in the same way but is graded A – D instead of using numbers. Dukes' A refers to the cancer being located in the inner lining of the bowel, or slightly growing into the muscle layer, whereas Dukes' D means the cancer has spread to another part of the body, making it advanced bowel cancer.

  Cancer grades

  Cancer grades refer to what the cells look like under a microscope. Generally, a lower grade indicates a slower-growing cancer, and a higher grade indicates a faster-growing one. Cancers are typically graded I – III.

  • Grade I - cancer cells that resemble normal cells and aren't growing rapidly
  • Grade II - cancer cells that don't look like normal cells and are growing faster than normal cells
  • Grade III - cancer cells that look abnormal and may grow or spread more aggressively

  Cancer Research UK has more information about the stages of cancer and the grading of different types of cancer.

• Do cancer stages and grades affect claims cases?

  The stage and grade of your cancer will significantly impact your case. If your cancer has progressed to a later stage and grade as a result of your misdiagnosis or delay in treatment, you may be able to make a misdiagnosed cancer claim. 

• What types of cancer can result in a claim?

  It makes no difference what type of cancer you have, since all forms are considered when it comes to compensation claims.

  At Shoosmiths, we have extensive experience handling cancer misdiagnosis claims where delays of 8–12 months or more have led to significant disease progression. In these cases, proving causation (that an earlier diagnosis would have made a difference) is essential.

  While we know no amount of compensation will ever rectify what has happened, it can ease some of the financial stress you may be under as a result of your treatment, as well as help with any future care you may need.

  The most common types of cancer cases we deal with include:

  • Bowel cancer negligence claims
  • Breast cancer negligence claims
  • Cervical cancer negligence claims
  • Lung cancer negligence claims
  • Lymphoma cancer negligence claims
  • Melanoma (skin cancer) negligence claims
  • Prostate cancer claims
  • Pancreatic cancer claims

   

  In addition to the claim for physical suffering, a claim can also be made for additional psychological suffering as well as related financial losses.

  We also handle cancer cases related to personal injury, including those caused by exposure to harmful substances like asbestos in the workplace. These diagnoses can be especially complex, as symptoms often appear decades after exposure.

  If you believe your cancer was caused by exposure to a dangerous substance in your workplace, Shoosmiths industrial disease lawyers can help you with a claim. If you're unsure whether you have the grounds to make a claim, you can call us on 03700 868687 or send a message for us to set up a phone call with you.

• Who do you bring a misdiagnosed cancer claim against

  In order to present a case, we must first ascertain whom to bring a claim against. If there are a number of failings, then there can be multiple defendants. If you presented your symptoms to a GP and they failed to refer you to a specialist consultant, then the claim will be brought against the GP. If tests were misread or the wrong treatment was given because of the test results, the claim would be brought against the hospital Trust. If on the advice of a surgeon acting in a private capacity, you underwent unnecessary surgery, the claim would be brought against the surgeon if he has valid insurance or the funds to settle the claim.

• Could a claim affect cancer treatment?

  Claims should not affect your treatment. However, if you have any concerns or you no longer feel comfortable or confident being treated where you are, a complaint should be raised at your GP practice and/or you should contact the Primary Care Trust.

• How long do cancer misdiagnosis claims take?

  Often cancer misdiagnosis claims are complex, especially if there are a number of defendants involved. These cases may be robustly defended, and resolution will depend on how serious your injuries are and whether/how quickly the other party admits liability.

  To prove your claim, we will need to obtain evidence from independent medical experts to establish whether there were any negligent failures in the care you received. For example, we need to establish that there was a negligent delay in performing investigations and that if you had received the appropriate care and treatment the outcome would have been different. The time taken to obtain this evidence will depend on the complexity of your claim.

  In cases of cancers such as mesothelioma contracted at work, fast track procedures are available since the life expectancy of victims of this disease is usually very short following a diagnosis and the commencement of legal action.

  Sometimes the other side will dispute our evidence and our valuation so we need to enter negotiations to reach a satisfactory settlement and these talks can take time.

  But please rest assured that Shoosmiths will always aim to resolve your case without delay, and the time it takes will help to ensure we achieve the best possible outcome for you.

• Do cancer misdiagnosis claims end up in court?

  Thanks to our knowledge and expertise, it is very rare that cancer misdiagnosis claims end up in court and we can typically reach a voluntary settlement beforehand. However, sometimes court may be the best or only option to help us secure suitable compensation for you.

  Even where we do have to begin court proceedings on your behalf, most claims can still be resolved with an amicable settlement out of court. As a result, very few claimants will ever need to attend a court hearing to claim cancer misdiagnosis compensation.

  We understand that should your case go to court this can create additional anxiety and stress, but rest assured we will help you through the process and will be with you every step of the way.

• Can a claim continue if the claimant dies during the process?

  Should the claimant die during the process, the estate or the dependants of the deceased will take on the claim. We can help you make a claim if you’re the parent of a child under 18 or if you were financially dependent on the individual who lost their life.

  The amount awarded is dependent on who the person was. For example, they could have been the main income provider, or they could have been the predominant caregiver. We can also help you access a statutory bereavement award which is payable when a wrongful death has occurred. This is available if you're the spouse, civil partner or parent (if under 18) of the person who died.

• How much does it cost to bring a claim?

  Here at Shoosmiths we are passionate about what we do and want to help as many vulnerable people as possible by being their voice when they need it the most. It's why we take most cases on a No Win No Fee basis.

  In the event of a successful claim, our lawyers charge their full costs and any shortfall that cannot be recovered from the defendant, including counsel’s costs. However, it is advisable to take out special ‘After the Event’ insurance to protect you from having to pay any legal expenses in the event your claim is unsuccessful.

  Any insurance premium (although part may be recoverable) is deducted from the total compensation award for a successful claim. We aim to keep this sum as low as possible to minimise any deductions from your compensation.

• How much compensation for misdiagnosis of cancer could you receive?

  Cancer misdiagnosis compensation amounts vary on a case-by-case basis, but can include:

  • General damages: for disability, pain, and suffering experienced
  • Special damages: for every expense incurred directly due to the misdiagnosis – income loss, for example, can be claimed back
  • Medical expenses: for expenses such as equipment, medicine or visits to private doctors
  • Travel expenses: for travel between various entities as required by your course of treatment or misdiagnosis

  It is important to remember that the amount awarded is to reflect the loss and/or damage you have suffered, and to help put you in the same financial position that you would have been in before the negligent treatment. If you're unsure whether you have the grounds to make a claim, you can call us on 03700 868687 or send a message for us to set up a phone call with you.