Cancer Misdiagnosis Compensation

Receiving a misdiagnosis for cancer has serious and often life-changing consequences. Cancer misdiagnosis claims can arise where opportunities for timely diagnosis are missed leading to conditions developing to a more advanced stage. In some cases, these delays in diagnosis and treatment can affect life expectancy. Our medical negligence solicitors specialise in getting compensation for those who have suffered as a result of a cancer misdiagnosis. Contact the team for Free Consultation.

Over the years, Hodge Jones & Allen has tackled many cases involving:

Bowel cancer

Cancer of any type is a devastating diagnosis and it is believed that 1 in 3 people win the UK will be diagnosed with a cancer of some type in our lives. The general rule is that the earlier the diagnosis is made the better the outcome will be. A delay of years or even months can be crucial for your outcome.

Hodge Jones & Allen solicitors represent bowel cancer patients throughout the UK who have sadly suffered injury, complications and worse outcomes due to delayed diagnosis or incorrect treatment. A delay in the diagnosis of bowel cancer can have serious impact on your health and your final outcome.

Lung cancer

Hodge Jones & Allen solicitors have over 40 years’ experience of handling all types of errors in diagnosing/treating lung cancer patients.

The most common cause of lung cancer is of course smoking and the risk can remain for a patient long after they may have stopped smoking cigarettes. There are other causes also and these may be work related.

What is Lung Cancer?

Lung cancer is the growth of abnormal cells. One abnormal cell (perhaps damaged by smoking) can multiply and spread. The cells that spread the disease can divide rapidly and form tumours which eventually start to cause symptoms. Sadly, for many patients the symptoms only become apparent once the condition is very well advanced.

Breast Cancer

Thankfully, due to advances in science and improved awareness, the survival rate for breast cancer is now very high. Almost 80% of breast cancer patients will have a very good outcome from their treatment.

Since the introduction of the breast cancer screening programme, the chances of an early diagnosis have increased dramatically. Public awareness campaigns and charity education programmes have also made many more women aware of this condition and how to spot the early signs.

Unfortunately despite all this good work it is still the case that 1 in 10 breast cancer diagnoses occur later than is optimal for the patient.

Cervical cancer

New advances in with vaccination and a comprehensive screening programme will hopefully reduce the incidence of this type of cancer.

Nevertheless several thousand new cases are reported each year in the UK. Some of these cases will sadly lead to a very poor outcome and often the patient is very young in these tragic cases.

Prostate cancer

Prostate cancer is becoming a very common cancer diagnosis in the UK – up to 40,000 men each year receive this diagnosis. The good news is that it is also one of the most survivable of all cancer diagnoses. Most UK oncologists agree that prostate cancer is very treatable if diagnosed in the early stages.

However, any delay in treatment could have a severe impact on life expectancy or the health of the patient.

Early diagnosis of prostate cancer will ensure that the treatment can be conservative – before the cancer has developed or spread. Perhaps surgery or radiotherapy could have been avoided with an earlier diagnosis. Or maybe the patient would have survived if the diagnosis had not been delayed. More information is available in the FAQ section of this page

Skin cancer

We are very aware of how distressing news of a cancer diagnosis can be. We are familiar with these types of cases having acted for patients and their families for forty years. Many of our solicitors are medically trained and they are all very aware of the impact of a cancer diagnosis of any type.

Thankfully, when caught early cancer can have little or no impact on the patient’s quality of life and final prognosis. On other occasions a late diagnosis can lead to the cancer spreading to other organs.

How do you make a compensation claim for cancer misdiagnosis?

  • Contact us

Contact one of our specialist team who deals with cancer misdiagnosis cases. They will provide a FREE initial consultation to gather information about the case.

  • Legal Advice

Once the assessment has been made we will contact you to give you further information and explain our No Win No Fee funding agreement.

  • Evidence

After this has been agreed we will gather evidence and work on your behalf to obtain the best possible settlement.

How much compensation can I receive?

As cancer affects all of us differently, misdiagnosis of cancer compensation can vary from person to person. It is also affected by the particular needs and requirement of each client as well as the severity of the detriment following the misdiagnosis.

Generally you may claim damages for the following:

  • Loss of a loved one
  • Pain and suffering caused by additional treatment which could have been avoided
  • Complications arising from additional treatment which could have been avoided
  • Loss of earnings
  • Reduced life expectancy

Why do you need a specialist solicitor from Hodge Jones & Allen?

  • Specialist lawyers

Our highly experienced team of specialist medical negligence lawyers are here to assist and to advise. They will advise you comprehensively about the merits of your claim, funding and ensure that you and your family get the best possible results.

  • Independently recognised

The team are independently recognised as leaders in the field and will work tirelessly on your behalf to get you the best possible outcome.

  • Get you the care you need

We may be able to access treatment which is not available on the NHS to provide the best possible medical care. Compensation is not only compensation for any financial losses suffered but can go some way to assisting with medical care.

No Win No Fee cancer misdiagnosis claims

The majority of our cancer misdiagnosis cases are funded by way of a conditional fee agreement, more commonly known as a No Win No Fee agreement, meaning there is no financial risk to you. Start your claim now.

Case Study: Delay in lung cancer diagnosis

In one case we were able to show that a delay of 18 months had led to a patient’s condition becoming terminal. We were able to prove, with expert evidence, that the patient had a much better chance of survival had they been diagnosed earlier.

Outcome: The patient’s dependents were awarded £175,000 in damages for the loss of their loved one.

Case Study: Delayed diagnosis due to radiologist’s error

The patient’s DCIS (Ductal Carcinoma in Situ) should have been identified on a mammogram 18 months ago but the radiologist failed to see the obvious signs on the scan. As a result of the delay the patient required major surgery rather than a lumpectomy. When surgery was performed the patient had a difficult recovery period and developed an infection. With expert evidence, we’ve proved that the patient would have avoided the major surgery if she had been diagnosed earlier. As a result of the infection she suffered from severe scarring which in turn led to chronic regional pain syndrome.

Outcome: £150,000 from an out of court settlement

Case Study: Severe delay in cervical cancer diagnosis

One of our solicitors acted for the dependants of JH – a 23 year old girl who was repeatedly seen at G.U.M (Genito-Urinary Medicine) clinics and hospital appointments over the course of two years. Tragically her diagnosis was severely delayed and she passed away leaving her partner to bring up their child as a single parent.

Outcome: £250,000 via out of court settlement

Frequently asked questions

What can be achieved by bringing a claim?

Taking legal action cannot speed up any ongoing medical treatment, or make available other types of medical treatment from a doctor or hospital. It will not move a patient further up a waiting list.

Making a claim, in isolation, will not lead to a medical professional being disciplined by their employer. Pursuing a claim will not lead to the GMC (General Medical Council) investigating a case.

None of these outcomes are available remedies in medical negligence claims and so cannot be the purpose of bringing an action.

However, there may be incidental beneficial consequences of a successful medical negligence claim – such as a formal apology from the Chief executive, changes in policy and practice, or re-training. But please be aware that these cannot be ordered by the court. The focus of the case must be concerned with seeking financial compensation for any injury or loss arising directly out of negligence.

Can I bring a claim on behalf of a deceased relative?

Yes, it may possible for you to bring a claim on behalf of a deceased person. In order to do so the family of the deceased will need to obtain a Grant of Probate. Applying for Probate is a process in which forms are submitted to the Probate Office. Only when Probate has been approved does the legal system recognise the Administrator or the Executor as being able to deal with the Deceased’s estate. The Grant of Probate is issued by the local Probate Registry. The process can take several weeks.

An ‘Administrator’ is a person who is granted Probate when there is no will in place when a person passes away. An ‘Executor’ is the person granted Probate when the deceased has made a will.

An Administrator or Executor is able to bring claims for all of the Dependants of as a patient who has passed away.

Once the Grant of Probate has been made the Executor will instruct Hodge Jones Allen to investigate the case. The Executor or Administrator is responsible for including all of the Deceased’s dependants in the claim.

You can find out more information about claims relating to deceased persons here.

What are the different types of skin cancer claims?

There is no typical Malignant Melanoma / skin cancer case but we have experience of;

  • Admin errors in dealing with pathology samples
  • Failure to suspect malignancy
  • Pathology errors – classifying a biopsy as benign when in fact it is malignant
  • False positive results – diagnosing cancer in error leading to invasive treatment

What are the common errors in cervical cancer treatment?

Failure to diagnose – this can be due to failure to recognise the symptoms or administrative failure such as failing to arrange a smear test

Delay in diagnosis – this can be caused by delayed hospital treatment or performing the wrong tests in a hospital setting.

How have our solicitors acted in breast cancer negligence cases?

Delayed or misdiagnosed breast cancer – Negligent hospital treatment

Sometimes error can occur with hospital treatment. This might be due to;-

  • Ultrasound/ Mammogram negligence– failing to identify the signs of a cancer
  • Staging errors– if the cancer is incorrectly diagnosed then the treatment given may not be effective. For example, a lumpectomy only might be performed instead of a mastectomy. Or perhaps radiotherapy is not offered when the patient requires this to prevent a recurrence. Errors can occur with pathology results also.
  • Surgery– surgical errors can occur leading to life changing complications

Delayed Or Misdiagnosed Breast Cancer – Negligent GP treatment

The diagnosis of this condition can be delayed due to many factors. Errors often occur because of delayed referrals by GPs or perhaps due to errors in the hospital investigations.

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