Making a claim for cancer misdiagnosis
If you suspect you have been affected by cancer misdiagnosis, it’s important to understand your legal rights so you can decide whether to make a medical negligence claim. However, your health and wellbeing should always come first, so it’s essential to seek prompt medical treatment to give you the best possible chance of recovery.
A step-by-step guide to making a claim
Step 1: Prioritise treatment. Your immediate focus should be on receiving the right care. When treatment is in place, you may then wish to consider if legal action is appropriate.
Step 2: Contact a specialist medical negligence solicitor. Cancer misdiagnosis can be very distressing, so it’s important to seek advice from a legal expert who will ensure your case is handled with sensitivity and care.
Step 3: Gather evidence. Your solicitors will obtain relevant evidence, including GP and hospital records, test results, scans and referral letters. They may also instruct an independent medical expert – their role is to review your records, then provide an unbiased opinion on whether the cancer should have been diagnosed sooner and how the delay affected your recovery.
Step 4: Be mindful of time limits. In most cases, you have three years to issue a medical negligence claim. This usually runs from the date you became aware of the misdiagnosis.
Step 5: Consider funding options. Many medical negligence solicitors, including Attwaters, usually work on a “no win, no fee” basis. This means you won’t have to pay legal fees if your claim is unsuccessful. We will always clearly explain your funding options before you proceed.
What you can claim for
If your claim is successful, you may be entitled to compensation. General damages are intended to compensate for the pain and suffering caused by the cancer misdiagnosis. Special damages are awarded to cover any expenses incurred as a result of the negligence, such as loss of earnings, care costs and travel to appointments.
Miss A’s story
This fictional case study illustrates how cancer misdiagnosis can happen and how a medical negligence claim can help.
Miss A attended her GP several times with persistent stomach pain and extreme tiredness. As she was in her 30s, Miss A was thought to be “too young” to have bowel cancer, so her symptoms were wrongly attributed to irritable bowel syndrome (IBS). Eighteen months later, Miss A was diagnosed with advanced bowel cancer. She required chemotherapy and invasive surgery, leaving her with a permanent stoma.
Expert evidence later suggested that, if Miss A’s cancer had been diagnosed earlier, she would have likely only required standard surgery without chemotherapy. A successful claim helped Miss A secure compensation for her pain and suffering, lost income and necessary lifestyle adaptations.
To read about further cases like this, including how claims have helped other clients, see here.
We are here to help
If you believe you have been let down by medical professionals, specialist solicitors can help you understand your rights and secure the compensation you need. Contact our friendly experts today for a confidential review – 0330 221 8855 or enquiries@attwaters.co.uk.
