Failing to treat cancer can lead to a life-threatening situation. If you’ve suffered due to delayed cancer diagnosis or misdiagnosis, Slater and Gordon’s specialist legal experts can help get the compensation you deserve.
Finding out you or a loved one has cancer can be both emotional and traumatic for any family. Having access to the best possible treatment in a timely manner can make a huge difference to your prognosis and in most cases, cancer patients in the UK receive a high standard of care.
However, when mistakes are made – including delays in diagnosis, misdiagnosis, or incorrect treatment – it can cause cancer to progress and spread unchecked, and the prospects of recovery to worsen. The effects of this can be devastating for you and your family, causing unnecessary harm and stress that could, and should, have been avoided. When this occurs, you have the right to seek compensation.
Claiming compensation can’t change your diagnosis or undo the emotional trauma you and your loved ones have experienced, but it can provide support throughout your recovery. At Slater and Gordon, our medical negligence team are experts in handling delayed cancer diagnosis and cancer misdiagnosis claims and are on hand to provide advice and guidance when you need it most.
One of the most common breaches in cancer claims is when a patient attends their GP who fails to recognise that the symptoms may be a sign of cancer and this leads to a delay in the patient being referred to a specialist, and therefore a delay being diagnosed and treated.
There are many mistakes which can lead to a cancer claim, though most fall into two separate categories:
Misdiagnosis: this covers a number of different errors, including a misdiagnosis of a less serious condition which leads to a delay in treatment, being given unnecessary treatment or surgery due to an incorrect diagnosis that subsequently causes undue harm, or you’ve been advised to undergo preventative measures as you’ve been told you are at risk.
Delays in diagnosis: where a GP or medical professional has misread test results, failed to read the symptoms correctly or not taken the patient seriously and as a result, there has been a delay in the treatment which has affected the seriousness of the cancer.
What types of cancer can result in a cancer negligence claim?
It doesn’t matter what type of cancer you have. If medical professionals have been negligent in misdiagnosing cancer or delaying a cancer diagnosis, you may have the right to compensation.
The most common types of cancer cases we deal with include:
A delayed cancer diagnosis turned Anne's life upside down, going from what was treatable and is now terminal. From being dismissed to withheld information from doctors, she reached out to Slater and Gordon.
Found this useful?
Share this video:
What proof do I need for a cancer claim?
In order to bring a claim for negligent treatment of cancer, we must be able to prove that any delay or misdiagnosis that has caused you harm, could have been avoided.
If you think that a medical professional failed to fulfil their responsibilities, and their failure caused you unnecessary harm, contact us now and we'll be able to advise you on how we can gather evidence for your medical negligence claim.
How are cancer claims funded?
The vast majority of our cases are funded by way of a conditional fee agreement, otherwise known as a No Win No Fee agreement. What this means is if you lose your case, you won't have to pay anything and therefore, there’s no financial risk to you.
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help.
Mr and Mrs H (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
What is the process for making a delayed or misdiagnosed cancer claim?
We understand that receiving a diagnosis of cancer is a difficult and emotional time for you and your loved ones, and it can take time to come to terms with your diagnosis. This can be especially true if misdiagnosis or negligent treatment has led to delays in treatment, incorrect treatment or your prognosis worsening.
When you’re ready to talk to someone about your case, our team are here to support you. Our friendly team will be here to discuss your case with you, at your own pace. We’ll take all the details we need, and then begin building your case using medical records, witness statements and independent medical advice. We’ll also reach out to those responsible for your negligent treatment to establish liability as early as possible, which will enable us to secure interim payments to support your treatment and care.
Throughout your case, our industry-leading experts will pursue your claim and aim to settle negotiations quickly, securing the compensation you deserve without the hassle. We’ll keep you informed at every step of the way, so you can focus on your treatment and recovery.
Our misdiagnosed cancer team are one of the best in the country and are highly ranked in independent legal guides such as Chambers and Partners and Legal 500.
The team are highly experienced in dealing with misdiagnosed cancer claims can provide you with the best possible service, not only ensuring that you get the best outcome to your case, but that you get the treatment and additional support you need to assist with your recovery. We’re committed to providing the best support from day one, which is way we also offer home and hospital visits to allow us to provide immediate representation and rehabilitation support; allowing you to focus on recovery while we handle your claim.
How long do I have to make a delayed or misdiagnosed cancer claim?
You usually have three years from the date you first became aware you were misdiagnosed or were given negligent treatment to start making a cancer claim. However, there are exceptions to this rule. For instance, if you were unable to make a claim during the initial three years, whether due to physical or psychological injury, you could be entitled to make a claim within three years of your recovery.
A child under the age of 18 can also make a claim within three years from their 18th birthday, unless a parent or guardian has already made a claim on their behalf.
If you’ve been misdiagnosed or received negligent treatment for your cancer, you are entitled to make a claim for compensation, regardless of whether the treatment was provided by the NHS or a private healthcare provider.
When a claim is made against the NHS, it is handled by NHS Resolution, which acts as an insurance provider to NHS trusts. Any successful claim is paid out by NHS Resolution, not the individual trust that provided your treatment.
If you have any questions about making a cancer claim against the NHS, you can contact a member of our team online or by calling 0330 041 5869 and we’ll be happy to provide you with the advice and guidance you need.
Can I claim compensation on behalf of someone else?
There are certain circumstances in which you may be able to claim compensation for delayed or misdiagnosed cancer on behalf of a loved one. For example, you may be able to do so if you are claiming for a child under the age of 18, or for someone who lacks the mental capacity to be able to bring a claim themselves.
For more information about claiming compensation on behalf of a loved one, visit our claims guide page here.
Can I make a cancer claim on behalf of a loved one who has passed away?
Yes. If your loved one has passed away from cancer and it could have been avoided if they’d received the standard of care they deserved, you may be entitled to compensation.
Our specialists understand the difficulties faced when you've lost a loved one and will treat your cancer compensation claim with the utmost sensitivity and provide you with all the advice you need. Contact our specialists today.
Can I change my solicitors to Slater and Gordon?
If you or a family member have been seriously impacted by medical negligence, and you feel that you're not getting the specialist legal advice you need from your current solicitor, we'll be happy to discuss switching your case to Slater and Gordon. Simply call our experts on 0330 041 5869 or contact us online.
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)