A cancer diagnosis is one of the most scary and upsetting times of a person’s life, and sadly it is one of the most prevalent diseases in our society.

Unfortunately, many people can be misdiagnosed with cancer or have their cancer improperly assessed by a healthcare professional, which can have both physical and emotional consequences. When a cancer misdiagnosis occurs, it means that a person is either wrongly told they have cancer or incorrectly informed that they do not have cancer when, in fact, they do.

If someone believes they have been a victim of cancer misdiagnosis they may pursue legal action seeking compensation for damages, including medical expenses, pain and suffering, lost wages, and diminished quality of life. Therefore, it is important to consult with a qualified clinical negligence solicitor specialising in medical malpractice, negligent treatment or personal injury law to evaluate the specific circumstances and determine the viability of a cancer misdiagnosis claim.

Our team of legal experts at Beacon Law can assess and guide you through your case in a sensitive yet timely manner, always advocating for your best interests. If you or a family member have been subject to cancer misdiagnosis then please get in touch today to find out how we can help you with a cancer negligence claim.

What is a cancer misdiagnosis claim?

Cancer misdiagnosis claims typically involve allegations of medical negligence or malpractice. They may be based on several factors, including:

• Failure to diagnose. This occurs when a healthcare professional overlooks or misinterprets symptoms, test results, or imaging scans that should have led to a cancer diagnosis.
• Delayed diagnosis: In these cases, the healthcare provider eventually arrives at the correct cancer diagnosis, but the delay in diagnosis significantly affects the patient’s treatment options and prognosis.
• Misinterpretation of test results: Medical professionals may misread or misinterpret biopsy results, imaging scans (such as mammograms or CT scans), or other diagnostic tests, leading to an incorrect cancer diagnosis.
• Inadequate follow-up: This involves situations where a healthcare provider fails to order appropriate follow-up tests, procedures, or consultations that could have led to an accurate cancer diagnosis.
• Laboratory errors: Mistakes made by pathology labs, such as errors in sample processing, labeling, or analysis, can result in misdiagnosed or missed cancer cases.

What should you so if your doctor has been negligent?

If you believe your doctor has been negligent regarding cancer treatment and cancer diagnosis, it is important to take appropriate steps to address the situation.

Collect and organise all relevant medical records, test results, prescriptions, and any other documentation related to your case. These records will serve as evidence and help in evaluating the situation if you decide to make a complaint and/or claim.

You can also consult with another healthcare professional to get a fresh perspective on your condition. They can provide an independent medical assessment and help determine if there was negligence or an error in your diagnosis or treatment. This can further strengthen your case in making a claim for compensation.

If you believe you have suffered harm due to medical negligence, it is advisable to consult with a qualified medical negligence solicitor to make a cancer misdiagnosis claim. We specialise in handling such cases and can provide guidance on the legal aspects, evaluate the strength of your claim, and help you pursue compensation if appropriate.

Remember, every situation is unique, and the appropriate course of action may vary. It is crucial to consult with a legal professional who can provide personalised advice based on your specific circumstances and the laws in your jurisdiction

Types of cancer misdiagnosis claims

Delayed diagnosis

Delayed diagnosis of cancer occurs when there is a significant delay between the early stages of symptoms, the patient’s visit to a healthcare provider, and the subsequent diagnosis of cancer. This delay can have serious consequences as it may lead to missed opportunities for early intervention and timely treatment. Delayed diagnosis of cancer can have a significant impact on a patient’s prognosis and treatment options. It may result in a later stage of the disease when finally diagnosed, potentially requiring more aggressive treatment and reducing the likelihood of a favorable outcome.

Incorrect test results 

Incorrect test results in the context of cancer diagnosis refer to situations where laboratory or imaging tests yield misleading results, leading to an inaccurate diagnosis or a delay in diagnosis. Such errors can have serious implications for patients and their treatment. If you believe that negligence or medical malpractice contributed to the incorrect test results, seeking the advice of a medical negligence solicitor can help you understand your rights and explore potential legal recourse.

Wrong medical treatment

There are several treatment options for cancer including, chemotherapy, radiotherapy, surgery and monitoring. If a patient receives the wrong treatment for cancer, it can have serious consequences. The cancer may become more aggressive and difficult to treat and you may experience more side effects which can affect your quality of life. If you have been given the wrong treatment which ultimately leads to you becoming more ill in the long term then you may be entitled to make a cancer misdiagnosis claim.

Remission errors

Remission errors in cancer refer to situations where a healthcare provider declares that a patient’s cancer is in remission when, in fact, cancer cells are still present in the body. This can occur due to a range of factors, including inadequate testing, misinterpretation of test results, or the use of flawed diagnostic criteria. A diagnosis of remission can have a significant impact on a patient’s treatment plan and emotional well-being and can lead to a delay in receiving appropriate treatment, allowing cancer to progress unchecked.

When can you make a cancer misdiagnosis claim?

Generally speaking, for most personal injury claims, you have three years from the date of the accident or incident that caused the injury to make a claim. This is known as the limitation period.

However, there are some exceptions to this rule. For example, if the injury or negligence was not immediately apparent or realised, the three-year time limit may start from the date that you were diagnosed with the condition or were made aware of the misdiagnosis or negligence. Additionally, for accidents or negligence involving children, the three-year time limit does not start until their 18th birthday, meaning they have until their 21st birthday to make a claim.

It’s important to seek legal advice as soon as possible, as there may be other factors that could affect the time limit for making a claim. Failing to make a claim within the limitation period could result in you being unable to pursue compensation for your injuries.

How much compensation could you receive?

Cancer misdiagnosis compensation claim amounts are usually divided into two categories: general damages and special damages.

General Damages – This refers to the amount of compensation you receive for your physical pain, suffering and loss of amenity.

Special Damages – These are any direct financial losses that you may have suffered because of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future, medical costs, travel costs or the costs of care provided to you.

Although no amount of money/compensation award can make up for what you have suffered, the physical effects from misdiagnosis and delayed treatment can lead to permanent injuries, and you may need ongoing care moving forward.

We can make sure that you receive interim payments of compensation as your case is being settled for any immediate care or rehabilitation needs.

It is also worth noting that you can claim against an NHS trust or a private healthcare provider. Claiming against the NHS for misdiagnosis means your compensation will come out of the NHS Resolution Fund.

How can Beacon Law assist?

Beacon Law is a specialist law firm with ample experience in dealing with no win no fee cancer claims. Our expertise in this area of law means we can provide an exceptional standard of service to our clients, and we work tirelessly to ensure we achieve the best possible outcome and the highest level of compensation. We offer our services on a no win no fee agreement, meaning you do not need to worry about the costs of making a claim.

We can assist you through the claims process and guide you every step of the way, relieving as much stress as possible from what will already be a stressful and emotional time for you.

If you are looking for more information and specialist advice regarding cancer misdiagnosis claims then please get in touch with our expert team at Beacon Law today at 0330 1332 857 and info@beaconlaw.co.uk.