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A cancer diagnosis is life-changing. Early detection and treatment are often critical, and when mistakes are made by doctors or hospitals, the consequences can be devastating.
Cancer negligence is a specialist area and experience matters. Taylor Rose has a large Medical Negligence team with significant experience of serious and complex claims.
The size and experience of our team are particularly valuable where a claim involves difficult questions about diagnosis, treatment, progression and prognosis, or evidence is needed from several different medical specialists. We know how to identify the important issues, instruct the right experts and challenge arguments that an earlier diagnosis or different treatment would have made no difference.
Our team is ranked for claimant clinical negligence by Legal 500 and Chambers & Partners and acts in claims against GPs, NHS Trusts and private healthcare providers.
We also have the experience and resources to handle substantial claims involving reduced life expectancy, significant loss of earnings, future care needs and other long-term financial consequences.
A late cancer diagnosis does not automatically mean there has been negligence. The important questions are whether appropriate action should reasonably have been taken earlier and whether the delay caused additional harm.
Common examples include:
GP failure to refer where symptoms or examination findings should have led to further investigation or an urgent referral;
failure to arrange appropriate scans, blood tests, endoscopy, biopsy or other investigations;
failure to act on abnormal test or imaging results;
cancer being missed or incorrectly assessed on scans, biopsy or pathology;
symptoms being incorrectly attributed to another condition;
failure to arrange appropriate follow-up or surveillance;
avoidable hospital delays after a referral has been made;
unreasonable delay in starting surgery, chemotherapy, radiotherapy or other treatment;
errors in deciding upon or delivering cancer treatment; and
failure to identify or act upon evidence that cancer has returned.
Sometimes there is more than one missed opportunity. A GP may have delayed a referral, for example, followed by a separate hospital delay in arranging investigations or treatment.
This is often the central issue in a cancer negligence claim.
Proving that cancer should have been diagnosed earlier is not necessarily enough. It may also be necessary to establish what would probably have happened if the patient had been diagnosed or treated at the appropriate time.
Medical evidence may be needed to determine:
what stage the cancer was probably at when it should have been diagnosed;
whether it had already spread;
how quickly that particular cancer was progressing;
what treatment would have been available;
whether surgery would have been less extensive;
whether chemotherapy or radiotherapy could have been avoided or reduced;
whether the risk of recurrence increased; and
whether prognosis or life expectancy was affected.
This can require evidence from several different disciplines, including oncology, radiology, pathology and surgery.
There are many types of cancer that can manifest in numerous ways. We set out below a few examples:
Breast cancer – lumps or changes not investigated quickly.
Bowel/colorectal cancer – bleeding or changes in bowel habits misattributed to other causes.
Cervical cancer – failures in smear testing or follow-up.
Lung cancer – persistent cough or chest symptoms not properly examined.
Prostate cancer – delayed referrals after abnormal test results.
Skin cancer (melanoma) – suspicious moles not biopsied or referred in time.
Overian cancer
Pancreatic cancer
Lymphoma cancer
Bone cancer
GPs are often the first clinicians to assess symptoms which subsequently turn out to be cancer.
Claims can arise from repeated consultations where symptoms persist or worsen, failure to recognise symptoms requiring further investigation, failure to arrange appropriate tests or failure to make an appropriate referral.
Other issues include abnormal results not being acted upon and inadequate follow-up or safety-netting where symptoms continue.
The GP records and the information available at each consultation will usually be important in establishing whether further action should reasonably have been taken.
Negligence can also occur after a patient has been appropriately referred.
Examples include delays in arranging investigations, scans being incorrectly interpreted, pathology errors, failure to communicate results, inadequate follow-up and unreasonable delays in starting treatment.
Where several departments or clinicians were involved, we can reconstruct the complete chronology to establish where the significant delay or error occurred.
Compensation is based on the additional harm caused by the negligence, rather than compensation for having cancer itself.
Depending on the circumstances, compensation can include:
additional pain and suffering;
more extensive surgery or treatment;
loss of earnings;
care and assistance;
rehabilitation and treatment costs;
psychological injury;
loss of independence; and
financial consequences of reduced life expectancy.
In serious cases, compensation may need to provide for losses extending many years into the future. Establishing the effect on prognosis and accurately assessing future financial losses can therefore be an important part of the claim.
In most cases, you have 3 years from the date of negligence, or from when you first realised negligence may have occurred, to start a claim.
For children, the 3-year period runs from their 18th birthday.
For those lacking mental capacity, no limitation applies until capacity is regained.
If a loved one has died, the estate or dependants generally have 3 years from the date of death or date of knowledge.
If you or a loved one has suffered because of a delayed cancer diagnosis, misdiagnosis, or treatment error, you don’t have to face it alone. Our experienced medical negligence solicitors are here to help you understand your rights and secure the compensation you need.
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FREQUENTLY ASKED QUESTIONS
There may still be a claim.
Earlier diagnosis might have meant less invasive treatment, different treatment options, delayed progression or a longer period with a better quality of life.
The question is what additional harm was caused by the negligence, rather than simply whether earlier treatment would ultimately have cured the cancer.
Potentially. The issue is whether your symptoms or examination findings should reasonably have resulted in further investigation or referral and whether the resulting delay caused additional harm. Repeated consultations for persistent or worsening symptoms can be particularly relevant.
An admission can be important, but it may not resolve the whole claim. The NHS Trust may accept that there was a delay while disputing whether it affected treatment, prognosis or life expectancy.
Almost all cancer negligence claims we take on are handled under a Conditional Fee Agreement, commonly known as a no win, no fee agreement.
We will explain how the agreement works, including any potential deductions from compensation, before you decide whether to proceed.
We start with a no-obligation discussion about your case. We’ll listen to your story, explain your rights, and advise on whether you may have a claim.
If we think there are prospects of success, we obtain and carefully review your medical history and the circumstances of your care. Experience is vital at this stage, an expert and experienced lawyer can identify whether a case is likely to benefit from further medical investigation.
If we offer to take your case on no win no fee, we then look, via correspondencce initially, to get an admission of liability from the defendant. Most claims do not reach trial, but legal proceedings may need to be started and claims vary a lot in terms of how long they take.
Call the Taylor Rose team or fill out the form below and we will get back to you as soon as possible.
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