Skin Cancer Misdiagnosis

A diagnosis of any cancer can have a massive impact on your life, with physical, mental and financial implications. However, discovering that your condition could have been diagnosed and treated earlier, improving your outcome, can be devastating and leave you angry and confused.

All medical practitioners have a legal duty to provide acceptable standards of care as laid out by the General Medical Council. Failure to abide by these regulations can lead to late diagnosis, misdiagnosis and errors in treatment.

If you have suffered from a skin cancer misdiagnosis, you may be eligible to make a claim for compensation. Personal injury solicitors have extensive experience securing the highest settlement awards possible. They would be pleased to support you in seeking justice for the substandard and negligent treatment that you have suffered.

To find out if you can start a skin cancer misdiagnosis claim, call 0800 470 0474 today for a free consultation with a legal adviser or use our contact forms to request a call back.

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Table of Contents

• What is skin cancer?
  • Non-Melanoma
  • Malignant Melanoma
• What causes skin cancer?
• What are the symptoms of skin cancer?
• How is skin cancer diagnosed and treated?
• Am I eligible to make a skin cancer misdiagnosis claim?
• Evidence needed to support a claim for skin cancer misdiagnosis compensation
• Common types of negligence that could lead to a skin cancer claim
• What are the consequences of skin cancer negligence?
• Making a claim for a delayed skin cancer diagnosis that is fatal
• What is the time limit to start a medical negligence claim for skin cancer?
• How much compensation can I claim for misdiagnosed skin cancer?
• Will I receive a No Win No Fee service?

What is skin cancer?

Skin cancer is a type of cancer that begins in the cells of the skin. The condition is mainly associated with overexposure to harmful sun rays or radiation, and approximately 17,735 new cases are diagnosed each year in the UK.

Mutations in the skin’s cells can lead to lumps, sores, and wounds that will not naturally heal. Skin cancer diagnosis will fall into one of two types. These are non-melanoma and melanoma. A definition of each is given below.

Non-Melanoma

Non-melanoma is the most common type of skin cancer suffered by patients throughout the UK. This type of skin cancer can be divided further into:

• Basal cell carcinoma is found in the lowest parts of the epidermis. It typically grows slowly and rarely spreads to other parts of the body.
• Squamous cell carcinoma develops in the middle and outer layers of the skin, grows more quickly, and has a higher spreading rate.

Malignant Melanoma

Malignant melanoma originates in the cells that produce melanin, the pigment that gives the skin its colour. It can develop from a mole or appear as a new dark spot on the skin.

Melanoma is a more severe form of skin cancer because it can rapidly spread to other cells in the body if not diagnosed and treated promptly. The prognosis for a patient with malignant melanoma depends significantly on how early the diagnosis was made. Delays in providing a diagnosis and treatment can prove to be fatal in many cases.

Early diagnosis is crucial in both instances to secure the best treatment and outcome. If a doctor fails to arrange necessary tests or investigations, wrongly diagnoses skin cancer as a different condition, is late in offering a diagnosis, or does not diagnose cancer at all, you will likely be in a solid position to make a compensation claim.

What causes skin cancer?

Skin cancers occur when some of the cells in the skin start to develop in an abnormal way due to damage to their DNA. There is no concrete answer as to a singular cause for skin cancer, but it is widely accepted that exposure to ultraviolet (UV) light heightens the risk of developing the disease significantly. This means that overexposure to the sun and artificial sources are closely linked to creating higher risks.

Some people are also at a higher risk of developing skin cancer than others. A doctor should be aware of an individual patient’s level of risk and keep it in mind when diagnosing or determining the need for additional investigations. Some of the higher-risk groups of people include:

• Those with pale skin
• Those who have red or blonde hair
• People with a history of skin cancer in their family
• People with many freckles and moles
• Those who are constantly exposed to the sun or have had a lot of sunburn
• People with blue or green eyes
• People who use sunbeds a lot
• Those exposed to certain chemicals, such as arsenic, tar or industrial oil
• Those who have a weakened immune system

When known risk factors are paired with symptoms of skin cancer, it is essential that the patient is referred to a specialist to confirm a diagnosis. Failure to comply with the accepted standards of practice outlined by the General Medical Council (GMC) can result in a doctor becoming liable for the additional suffering and harm caused to you. In such cases, a solicitor can help you make a skin cancer misdiagnosis compensation claim.

What are the symptoms of skin cancer?

It is advised that any changes to moles or developments of lumps on the skin are assessed by a medical practitioner quickly. This can help determine whether there is the potential that they are signs of skin cancer.

However, there are a host of other symptoms of the disease, each of which should be reviewed by a doctor quickly to secure the best prognosis. Some of the most common symptoms include:

• Lumps or sores which do not heal within a few weeks
• Moles increasing in size
• Bleeding or crusty moles and lumps
• Misshapen or heightened moles
• A painful lesion that itches or burns
• Development of new moles
• Moles with a mix of colours
• Firm, red nodules that can appear anywhere on the body

If left undiagnosed or untreated, symptoms can worsen, overall health can decline, and cancer can spread to other parts of the body. If you have been the victim of a skin cancer misdiagnosis, a solicitor can assist you in securing the clinical negligence compensation that is rightfully owed to you.

How is skin cancer diagnosed and treated?

If you are worried about the appearance of a mole or a growth on your skin, you should see a doctor as soon as possible. According to Melanoma UK, you should use the ABCDE rule for melanoma detection:

• Asymmetry – one half of the mole is unlike the other half
• Border – the border of the spot is irregular or poorly defined
• Colour – the lesion or growth has more than one colour or shade
• Diameter – the mole has a diameter of more than 5 mm
• Evolution – the mole or skin growth changes in shape, size, colour or elevation

If you see two or more warning signs, you should see a doctor immediately. They will ask you about your symptoms, changes in existing moles and any new growths and will examine all of your skin.

If they suspect a malignant growth, they may perform an excision biopsy and cut a small area of the affected skin. A pathologist will examine this under a microscope to determine if cancer cells are present and what type they are. You may need to carry out additional tests to determine the stage of the cancer.

Treatment will depend on the size, type, location and stage of the cancer and may involve:

• Excisional surgery of the cancerous tissue and a margin of healthy skin;
• Radiation therapy to kill the cancer cells;
• Cryotherapy, which uses liquid nitrogen to freeze and destroy abnormal cells;
• Systemic treatments, such as chemotherapy, immunotherapy or targeted medicines if the cancer has spread.

After treatment, your doctor should arrange regular follow-up visits to monitor you. If you received substandard care at any stage of the diagnosis or treatment process, you may be eligible to make a skin cancer compensation claim.

Am I eligible to make a skin cancer misdiagnosis claim?

To be eligible to make a claim for compensation, it must be demonstrated that:

• Your doctor failed in their legal duty of care to you by misdiagnosing cancer or providing a late diagnosis (breach of duty);
• The doctor’s error had a negative impact on you (causation) and caused you avoidable pain, suffering and financial losses (damages).

If these can be proven, a specialist medical negligence lawyer can support you in making a skin cancer claim against those liable for your suffering through their substandard levels of care. They will work with empathy and diligence to ensure they can secure the highest awards possible on your behalf.

If you would like a free consultation, call today on 0800 470 0474 or enter your details in our contact form to receive a call back. A fully trained legal adviser will assess the particulars of your case, answer any questions you might have and offer you an estimate of the likely compensation amount you could be entitled to.

Evidence needed to support a claim for skin cancer misdiagnosis compensation

If you want to make a skin cancer misdiagnosis compensation claim, you will need various types of evidence to support your claim, such as:

• Your medical records, including details from your initial consultations, X-rays, copies of biopsy reports and follow-up appointments;
• Copies of written communication between you and your doctor, such as letters or emails;
• Testimony from medical experts who can explain how the care you received deviated from accepted medical standards;
• Photographs that show the progression of your symptoms over time;
• A detailed account of your symptoms, treatments, and how the misdiagnosis has affected your life;
• Statements from friends and family who have seen how your condition affected you;
• Financial records that prove the losses and out-of-pocket expenses you want to include in your compensation payout, such as lost wages.

Common types of negligence that could lead to a skin cancer claim

Some of the most common cases that solicitors deal with from victims of skin cancer misdiagnosis include:

• The doctor fails to recognise symptoms, and no diagnosis is made at all;
• Your GP fails to refer you to a cancer specialist;
• The doctor fails to carry out necessary tests and investigations, such as a skin biopsy, resulting in a delayed diagnosis;
• A doctor misinterprets test results or miscommunicates findings;
• Failure to obtain necessary consent for treatment from you;
• Misdiagnosis of melanoma cancer as another type of cancer;
• Failure to communicate different treatment possibilities to you;
• Inappropriate or wrong treatment is planned;
• Failure to be informed about suspicious changes in your skin;
• Being given the all-clear when you were not free of cancer;
• The doctor diagnoses skin cancer incorrectly, and you do not have the disease. This can cause significant emotional distress and impact on the confidence you have in future treatment.

These and other types of errors can significantly impact your life and may entitle you to make a medical negligence compensation claim.

What are the consequences of skin cancer negligence?

A late diagnosis or misdiagnosis of skin cancer can have various consequences on your health, emotional well-being and financial situation, such as:

• The progression of cancer, which may spread to other body parts, such as the lymph nodes, lungs or liver;
• The need for a more aggressive treatment, with more severe side effects and longer recovery times;
• A poorer outcome and a significant decrease in your chances of making a full recovery;
• A more significant emotional impact, leading to depression, anxiety and loss of confidence in the healthcare system;
• Higher medical costs and more financial losses due to time off work;
• A decrease in your overall quality of life and reduced life expectancy.

If you suffered any avoidable harm due to negligent diagnosis or treatment, an experienced medical negligence solicitor could help you to claim the compensation you deserve on a no win no fee basis.

Making a claim for a delayed skin cancer diagnosis that is fatal

If someone you love passed away due to a delayed diagnosis of melanoma skin cancer that could have been treated if discovered sooner, you may be entitled to compensation. If you relied on them and are qualified as their dependant (for example, you are their child or spouse), you may be able to claim the following:

• The financial benefits expected from them, such as lost salaries or pensions;
• The loss of services they provided in the household, such as property maintenance or childcare;
• Funeral expenses like the headstone and transporting the body to the grave;
• The financial losses they incurred due to the misdiagnosis before passing away;
• A statutory bereavement award of £15,120 for the grief and suffering you endured by losing them.

What is the time limit to start a medical negligence claim for skin cancer?

According to the Limitation Act 1980, you have three years to make a skin cancer misdiagnosis claim, starting from when you became aware of the misdiagnosis or delayed diagnosis (the date of knowledge). Afterwards, the court will no longer accept your case, even if it has merit.

A few exceptions apply to this rule:

• If you were under 18 on the date of knowledge, the three-year time limit starts to run from your 18th birthday.
• If the claimant cannot handle a legal case due to lacking mental capacity, a litigation friend could claim on their behalf at any time, as the limitation date is suspended.
• If you lost a loved one due to a late diagnosis of skin cancer, you could make a claim within three years after they have passed away.

How much compensation can I claim for misdiagnosed skin cancer?

The amount of skin cancer misdiagnosis compensation you could receive will depend on the impact of the medical negligence on your life. Your solicitor will work hard to ensure you receive the maximum amount of compensation you deserve. They will include two types of damages in your claim:

• General damages are meant to compensate for subjective non-economic losses, such as unnecessary pain and suffering, loss of enjoyment of life, reduced life expectancy, loss of companionship, and emotional distress.
• Special damages compensate for quantifiable financial losses that can be precisely calculated, such as private medical treatments, future medical expenses, loss of earnings and travel expenses to medical appointments. They are based on documents such as receipts, bank statements and invoices.

A solicitor can give you an estimate of how much your misdiagnosed skin cancer claim could be worth following a free initial consultation.

Will I receive a No Win No Fee service?

If you are entitled to start a misdiagnosed skin cancer claim, your solicitor will be happy to offer you a 100% no win no fee agreement. They will take on the risk of litigation and will not ask you for any upfront fees.

Your solicitor will only receive a success fee capped at 25% of your settlement if they win your claim. If you lose, you will not have to pay them a single penny, and there will be no other charges.

You are also protected by the After the Event (ATE) insurance policy that is usually included in your claim. This type of legal expenses insurance will cover all the litigation costs if you lose the claim for skin cancer misdiagnosis, so you will not be left out of pocket. These include court fees, expert witnesses, travel expenses and the defendant’s legal costs.

To find out if a medical negligence solicitor can help you claim compensation on a no win no fee basis, call 0800 470 0474 or request a call back for a free case assessment.