CLINICAL & PROFESSIONAL
NEGLIGENCE EXPERTS
 

Misdiagnosed of
Cancer

The potential implications of a cancer misdiagnosis (or late diagnosis) cannot be understated and can lead to premature death and/or shortened life expectancy.  This, in turn, can result in financial hardship, the missed opportunity for potentially life-saving treatment, undergoing unnecessary treatments, and in extreme cases, the risk of death. If you have suffered a cancer misdiagnosis, you deserve to be compensated.

Given thepotential seriousness of a cancer diagnosis, thechances of being misdiagnosed areworryingly high.  Below is a brief, but by no means exhaustive, list of ways in which diagnostic errors can occur:

  • Incorrect diagnosis — Also termed misdiagnosis, this occurs when a Doctor or other medical professional misidentifies the cancer symptoms as symptoms of some other (usually less serious) medical complaint. An example of incorrect diagnosis was highlighted in the highly publicised case of Christopher Goodhead, whose GP misdiagnosed his cancer symptoms as a case of haemorrhoids. Mr Goodhead’s cancer was not properly diagnosed until 2 years later. Subsequently his widow sued for £1.25 million; her case being that her husband and father of their four children might have stood a chance of fighting and beating the cancer had it been diagnosed earlier, or that he would at least have survived significantly longer.
  • Missed diagnosis — A Doctor gives a patient a completely clean bill of health when in fact there are symptoms that should have been identifiedbut were totally missed.
  • Delayed diagnosis — A medical practitioner eventually makes the correct diagnosis of cancer but where the diagnosis should have been made Thiscan result in a patient missing vital treatment that may have improved the condition or even saved their life. Delayed or late diagnosis is one of the more common forms of diagnostic error by medical professionals.
  • Failure to recognise medical complications — A Doctor makes the correct diagnosis but fails to identify medical complications or factors which aggravate the patient’s condition.
  • Failure to identify a related disease, illness, or condition — In this instance a Doctor successfully diagnoses the patient with cancer but misses a disease, illness or condition that is known to often accompany the primary condition, or that has a higher risk of incidence among patients with the primary condition.

In addition to the above general areas of potential negligence, there are also any number of occasions during the often long cancer treatment process, at which misinterpretation or poor analysis of tests or medical investigations can occur. These might include such things as scans, X-rays, ultrasound, or other tests being misinterpreted. Samples of tissues, smears, biopsies, for example, can be misread. Alternatively, it may be the case that required examinations may not have been carried out.

It’s clear from the above that the treatment of cancer in itself presents a potential for things to go wrong. Thankfully medical staff are extremely dedicated and highly trained professionals, however, with the best will in the world things can go wrong, and mistakes can occur. This is exactly why Doctors and the NHS are professionally insured, and the body such as the NHSLA exists, to deal with claims whereby Doctors have simply got it wrong.

Do I have a case?

If you have been diagnosed with cancer, and you believe that at some point leading up to the diagnosis, or during treatment, after-care, or monitoring, your doctor has made a mistake, and this has caused you harm, you may have a strong case for compensation. If you wish to pursue a claim, you will need to find a specialist Solicitor to assess your situation and provide you with advice.

What do you need to establish?

In order to prove negligence, a Solicitor will need to establish the following:

  • Breach of Duty – Was your Doctor at fault to the extent that they did not provide you with the expected and required level of care.
  • Causation – Did you suffer actual harm, injury, or loss as a direct result of this lack of care?

Time limits to bring a claim

Medical negligence claims are subject to time limits to bring a claim. This is usually within three years of the injury or harm having occurred, or from the date, you acquired knowledge that negligence has occurred. We will be able to advise you which of these will apply in your case. Different rules on time limits also apply to children and protected parties, allowing them longer to bring a claim.

Medical negligence claims may feel overwhelming and complex to a client, but thankfully there are Solicitors that specialise in winning medical negligence claims, and understand how to bring a successful claim. Been Let Down has many years’ experience and a vast body of specialist knowledge that means we are the best people to help you get the compensation you deserve.

Funding and making a claim

Our friendly and experienced Solicitors will discuss your claim with you free of charge. Just contact us on our freephone number or via the simple initial contact claim form on our website. You will be called back promptly by one of our highly experienced Solicitors to discuss your claim further.

Unlike many other legal firms, with us, you will be speaking to a Solicitor from day one, and all initial consultations will be free of charge and at no obligation to yourself. We will listen carefully and sensitively to the details of your case, and if we advise that you have a case in negligence with a reasonable chance of success, then we will deal with your claim for you on a No Win, No Fee basis.

We also guarantee that you will keep the maximum amount of compensation; we do not deduct success fees from your damages, unlike many other law firms.

It is best not to delay in getting the advice you need, given the time limitations in place, and you have nothing to lose in contacting us as you are under no obligation to proceed. Get in contact today and find out if you can claim for compensation.

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