Delayed Cancer Diagnosis Claims

Being diagnosed with cancer is one of the most devastating pieces of news you can receive in your life. It can have a profound emotional impact on you and your loved ones and significantly affect your overall well-being and quality of life.

While any cancer diagnosis can be a massive shock and hard to deal with, learning that your condition should have been diagnosed earlier can be especially devastating.

A late diagnosis of cancer can mean that your prognosis and chances of recovery become significantly reduced. Also, you may need more aggressive treatment, which can mean more side effects and avoidable suffering.

If you or a loved one suffered due to medical negligence, you may be able to make a delayed cancer diagnosis claim. You can find out if you are entitled to compensation within minutes by calling free on 0800 470 0474 or using our contact form to request a call back.

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Table of Contents

• What is cancer?
• How is cancer diagnosed?
• What treatments are available for cancer?
• What could be the consequences of delayed cancer diagnosis?
• Can I make a delayed cancer diagnosis claim?
• What cancers are most commonly misdiagnosed?
• What types of negligence could lead to a delay in cancer diagnosis?
• What evidence do I need to support my delayed cancer diagnosis compensation claim?
• Can I claim compensation for a late cancer diagnosis on behalf of a loved one?
• What is the time limit to start a claim for delayed cancer diagnosis?
• How much compensation can I claim for a delayed cancer diagnosis?
• Can a make a delayed cancer diagnosis claim with the help of a No Win No Fee solicitor?

What is cancer?

Cancer is a disease in which some cells become abnormal and start growing and multiplying uncontrollably. It can affect various tissues and organs, such as the lungs, liver, skin and pancreas. From here, it can invade nearby tissues and spread to other parts of the body through the blood and lymphatic systems through a process called metastasis.

Cancer is caused by changes (mutations) in the DNA within cells, which can be inherited from parents (genetic) or can be acquired throughout life due to various factors. For example:

• Smoking is a major risk factor for various cancers, particularly lung cancer.
• Exposure to harmful radiation, such as sun rays, can cause skin cancer.
• Contact with some chemicals, such as those found in pesticides and asbestos.
• Certain infections, such as human papillomavirus (HPV) and Helicobacter pylori, increase the risk of certain cancers.
• Poor diet, lack of physical activity, and obesity are linked to various types of cancer.

The most common types of cancer include:

• Carcinomas. Cancers that affect the skin or the tissues that line or cover internal organs.
• Sarcomas. These develop in connective tissues such as fat, bone, muscle or cartilage.
• Leukaemia. This cancer starts in blood-forming tissue, such as the bone marrow, and results in a large number of abnormal blood cells.
• Lymphomas and myelomas. These are cancers that begin in the cells of the immune system.
• Central nervous system cancers. These cancers begin in the tissues of the spinal cord or brain.

How is cancer diagnosed?

Many cancers do not show any specific signs or symptoms for years until they reach a more advanced stage. Sometimes, they can resemble less severe illnesses, making them harder to diagnose. When symptoms are present, these can include:

• Unexplained weight loss without changes in diet or activity
• Persistent tiredness that does not improve with rest
• Changes in skin colour or moles and warts
• Persistent pain that does not go away
• Fever that occurs mainly at night
• Bruising or bleeding more easily
• Lumps under the skin
• Difficulty breathing or swallowing

Other symptoms specific to the affected body part can also occur, such as changes in bowel habits, shortness of breath, or blood in urine. If you present any symptoms that might indicate cancer, there are a series of diagnostic tests that can confirm or deny it, including:

• Imaging tests such as X-rays, CT scans, MRIs and ultrasound can help detect masses or abnormalities;
• Blood and urine tests can help unusual levels of certain substances that might indicate cancer, such as tumour markers;
• Molecular and genetic tests analyse the DNA, RNA and proteins to identify mutations and molecular changes associated with cancer;
• A biopsy involves taking a sample of cells or tissue from the body and examining it under a microscope for changes.

If cancer is identified, your doctor will stage it and decide on the appropriate course of treatment.

What treatments are available for cancer?

Cancer treatment options vary depending on its type, stage and location, as well as the patient’s overall health. The primary treatments available include:

• Surgery to remove the tumour growth and, in some cases, nearby tissues or lymph nodes;
• Radiation therapy, which uses high-energy radiation to kill cancer cells or shrink tumours;
• Chemotherapy uses drugs to kill the abnormal cells and stop them from growing and dividing;
• Immunotherapy aims to boost the body’s natural defences to better recognise and attack cancer cells;
• Targeted therapy uses drugs that can bind to specific targets on cancer cells to stop their growth and spread;
• Hormone therapy can be effective in treating cancers that use hormones to grow, such as breast cancer;
• Stem cell transplant can help with cancers that affect the blood cells, such as lymphoma and leukaemia.

A delayed diagnosis due to medical negligence could mean that you will need more severe treatment and that this could be less effective. In such cases, you may have a claim for compensation.

What could be the consequences of delayed cancer diagnosis?

A delayed cancer diagnosis due to medical negligence could have significant and often severe consequences, such as:

• It may progress to a more advanced stage or spread to other parts of the body;
• It may become more challenging to treat and have a poorer outcome;
• As the cancer progresses, treatment options become more limited;
• Advanced cancer typically requires more aggressive treatments with more severe side effects;
• A delayed diagnosis can mean a shorter life expectancy;
• You may experience more severe symptoms, such as pain, fatigue and breathlessness;
• The stress, anxiety, and emotional toll of a late-stage cancer diagnosis can have a profound emotional impact;
• The social and economic impact of advanced cancer is typically far more significant.

Your solicitor will include all the avoidable losses you have suffered due to the delay in the diagnosis of cancer in your claim.

Can I make a delayed cancer diagnosis claim?

If you suffered avoidable harm due to delayed cancer diagnosis and treatment, you may be eligible to claim for medical negligence. To have a valid case, your solicitor must be able to prove the following:

• A duty of care is easy to prove, as all medical professionals owe cancer patients a legal obligation to provide a certain standard of care.
• A breach of duty involves showing that a healthcare provider has failed to meet the established standard of care. This could include failing to investigate symptoms, diagnostic errors, or other types of clinical negligence.
• Causation links the breach of duty to the worsening of your condition. If making a diagnosis earlier would not have affected the outcome, you would not have a valid claim for cancer negligence.
• Damages are the quantifiable losses resulting from the delay in cancer diagnosis, such as pain, suffering and out-of-pocket expenses.

If all these can be proven, a specialist medical negligence solicitor will help you claim on a no win no fee* basis.

What cancers are most commonly misdiagnosed?

Certain types of cancers are more frequently misdiagnosed due to various factors such as non-specific symptoms, similarity to benign conditions, and challenges in detecting them through standard diagnostic tests. These include:

• Lung cancer can be misdiagnosed as asthma or chronic obstructive pulmonary disease (COPD);
• Breast cancer can be mistaken for benign conditions such as cysts or fibroadenomas;
• Colorectal cancer can be misdiagnosed as haemorrhoids, irritable bowel syndrome (IBS), diverticulitis or inflammatory bowel disease (IBD);
• Ovarian cancer can be mistaken for ovarian cysts, irritable bowel syndrome (IBS), urinary tract infections (UTIs) or gastrointestinal issues;
• Pancreatic cancer can be written off as gallstones, gastritis, irritable bowel syndrome (IBS) or back pain;
• Thyroid cancer can be misdiagnosed as benign thyroid nodules, goitre, or throat infections;
• Bladder cancer can be mistaken for urinary tract infections (UTIs), kidney stones, or interstitial cystitis.

What types of negligence could lead to a delay in cancer diagnosis?

Various types of negligence can lead to a delay in cancer diagnosis, with a significant impact on patient outcome, such as:

• Failure to identify or act on potential warning signs
• Failure to link your symptoms to cancer
• Delayed referral for specialist tests or consultations
• Delays for tests and test results
• Waiting too long to get a medical appointment with a specialist
• Misdiagnosis of your condition as a less severe illness
• Delays in treatment or not receiving the appropriate treatment
• Failure to interpret scans or other test results
• Failure to inform patients about their scan and test results
• Other types of administrative errors

These and other types of negligence can have severe consequences and may entitle you to make a delayed cancer diagnosis compensation claim.

What evidence do I need to support my delayed cancer diagnosis compensation claim?

Various types of evidence can help you secure the delayed cancer diagnosis compensation you deserve, such as:

• Records of the initial consultations where you reported symptoms or concerns about your health;
• Copies of all relevant diagnostic tests, such as blood tests, imaging scans or biopsies, and their results;
• Evidence of any referrals to specialists and the timelines involved;
• Medical records that show the type and severity of your condition and the treatments you received;
• A review from an independent medical expert can confirm a breach of duty and the delayed diagnosis of cancer;
• Statements from you and your loved ones regarding the physical and emotional impact the delay in diagnosis has had on your life;
• Receipts and records of any out-of-pocket expenses you incurred because you received a delayed cancer diagnosis.

Can I claim compensation for a late cancer diagnosis on behalf of a loved one?

If your child or an adult who lacks mental capacity suffered avoidable harm due to late diagnosis or misdiagnosis of cancer, you could start a medical negligence claim on their behalf. To be able to represent them, you must apply to the court to be named as their litigation friend. Before appointing you, the court must be satisfied that:

• You can make fair and competent decisions about the case.
• You have no conflict of interest with the claimant.

Once appointed, you will have various responsibilities, such as liaising with solicitors, gathering evidence and ensuring your loved one attends all medical appointments.

If you manage to secure cancer misdiagnosis compensation for them, the awarded settlement must be approved by a judge during a court hearing. Afterwards, your solicitor can help set up a personal injury trust to manage the funds on their behalf.

What is the time limit to start a claim for delayed cancer diagnosis?

You generally have three years to start a cancer misdiagnosis claim. This time limit begins from the date you became aware of the clinical negligence and cannot be ignored, or your case will no longer be valid. A few exceptions apply:

• You can start a compensation claim on behalf of a child at any time before their 18th birthday.
• The time limit is put on hold or suspended if the injured party cannot handle a misdiagnosed cancer claim due to a lack of mental capacity.
• You can make a wrongful death claim within three years after a loved one has passed away due to a delayed cancer diagnosis.

How much compensation can I claim for a delayed cancer diagnosis?

The amount of compensation for delayed cancer diagnosis is calculated for each case based on two types of damages:

General damages compensate for the subjective impacts of the delayed diagnosis, which could be:

• Physical pain and emotional suffering
• Loss of quality of life
• The impact on hobbies, social interactions and other activities
• The impact on life expectancy
• Loss of consortium and companionship

Special damages compensate for financial losses resulting from the delay in cancer diagnosis, such as:

• Additional medical treatments
• The cost of travelling to and from medical appointments
• Lost wages and future loss of earning capacity
• Costs for care and assistance needed because of your condition
• Any other out-of-pocket expenses incurred due to medical negligence

According to our compensation calculator and the Judicial College guidelines, you could receive up to £200,000 for the avoidable pain and suffering caused by your misdiagnosis of cancer.

Can a make a delayed cancer diagnosis claim with the help of a No Win No Fee solicitor?

If you have a claim for a late cancer diagnosis, a medical negligence solicitor will take on your case on a no win no fee basis. This service is crucial for anyone who wants to make a claim for compensation without taking any financial risks because:

• You do not have to pay upfront fees, which means access to justice for everyone, regardless of their financial situation.
• If your claim is unsuccessful, you do not have to pay a single penny to your solicitor.
• Your solicitor will only receive a success fee if and when you are awarded compensation to cover the risk they took by offering you a no win no fee agreement. This fee is deducted directly from your settlement and is capped at 25% of its value.

For further peace of mind, you will also have After the Event (ATE) insurance that will cover all the litigation costs and disbursements if you lose the claim, including the defendant’s.

To find out if you can claim compensation for delayed cancer diagnosis, you can request a free case assessment by calling 0800 470 0474 or entering your details to arrange a call back.