When cancer has been missed or misdiagnosed

The treatment of cancer has advanced dramatically and chances of survival have increased, but this often depends on prompt diagnosis so that early treatment can begin.

Unfortunately delays in diagnosis can happen and in some instances this is due to oversights or failures in care. These would provide grounds for a clinical or medical negligence claim.

Getting to the truth

Clinical negligence judgements rely heavily on medical records, witness statements and expert opinions, so it is advisable to speak to a specialist Solicitor about your case.

They will be able to explore whether or not you have a claim and then compile a strong case to support negotiations or present to the Court. Here are some of the things we typically look for:-

  • Failures to revisit an original diagnosis in the light of continuing or new symptoms;
  • Failures to refer patients for investigations;
  • Referrals to incorrect specialists;
  • Failures to arrange the correct tests or treatment promptly;
  • Not reporting test results;
  • Not acting on abnormal test results;
  • Potential conditions overlooked when considering a diagnosis.

If failures such as these are found, your legal team will then need to show that they caused or contributed to the injuries sustained and the damage or losses these caused.

Expert opinions often contradict each other so claims are decided by the Court on the balance of probability. This means it is vital to use an experienced Solicitor who can make a clear, scientific case.

An example case

In one case a patient’s healthcare provider failed to recall them for a follow-up gastro-oesophageal examination which would have found cancer. The condition was terminal by the time it was discovered.

Getting advice

If you would like to discuss your situation, in confidence and without obligation, please contact us. We can carry out an initial appraisal and tell you if we think you have a claim.

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