Why many people wait too long to seek advice during a cancer misdiagnosis | Nash & Co Solicitors
Written by Mike Shiers and Rebecca Brisley | Medical Negligence team | 11 February 2026
Finding out that your cancer was missed or misdiagnosed can leave you with a mix of emotions: shock, anger, confusion, and sometimes disbelief. In those early days, it’s understandable that contacting a solicitor is not your first thought. Most people focus on treatment, recovery, or simply trying to make sense of what has happened.
For many, there’s also a fear of what taking legal action might involve. You might worry about confrontation, costs, or how making a claim could affect your ongoing care. Some people even blame themselves for not questioning doctors sooner. These feelings are incredibly common, but they can lead to delays in seeking advice and, in some cases, missing out on the support and compensation you may be entitled to.
What this article will cover
This article explores the reasons why people often wait too long to seek advice after a cancer misdiagnosis, what impact those delays can have on their case, and how getting early guidance from an experienced solicitor can make the process less daunting and far more supportive.
Why people often delay seeking advice
There are many reasons why people hesitate to contact a solicitor after learning about a cancer misdiagnosis. Most of them come from understandable fears, misconceptions, or emotional barriers rather than a lack of need.
Emotional overwhelm
Dealing with a cancer diagnosis, let alone one that was delayed or incorrect, can be mentally and physically exhausting. The thought of starting a legal process on top of that can feel impossible. People often want to focus on getting better first, not realising that initial legal advice doesn’t have to mean immediate action.
Not wanting to “blame” anyone
Many people have long-term relationships with their doctors or hospitals. They worry that pursuing a claim means accusing someone personally or creating conflict. In reality, a medical negligence claim is not about punishment. It’s about understanding what went wrong, securing the help you need, and preventing similar mistakes from happening again.
Fear of costs
There’s a common misconception that making a claim is expensive. In truth, most medical negligence claims are handled on a No Win No Fee basis, meaning there’s no upfront cost to start your case. At Nash & Co Solicitors, we also offer a free initial consultation to discuss your situation and options.
Thinking it’s “too late”
Some people delay because they assume too much time has passed. The general rule is that you have three years from the date you became aware that negligence occurred to make a claim. This is known as the “date of knowledge.” Even if your misdiagnosis happened years ago, it’s still worth seeking advice to check whether you’re within the time limit.
Not realising they have grounds for a claim
Many people don’t recognise that what happened to them may qualify as medical negligence. They may believe the delay was “just one of those things” or that mistakes are inevitable. A short conversation with a solicitor can help clarify whether your experience meets the criteria for a claim.
Why timing matters in cancer misdiagnosis claims
Delaying legal advice can make it more difficult to investigate a case fully. Over time, medical records can become harder to obtain, witnesses may move on, and evidence may be lost or forgotten.
Getting advice early doesn’t mean rushing into a decision. It simply gives you the opportunity to understand your position while the facts are still clear. Even if you decide not to pursue a claim immediately, having the right information can help you make that decision confidently later.
An experienced solicitor can also make sure you don’t miss key deadlines and can start gathering the medical evidence needed to support your claim in good time.
The benefits of early advice
Reaching out to a solicitor early has several advantages. It allows you to:
Understand whether you have a case without committing to anything
Learn what the process involves and what support is available
Plan your next steps without financial pressure
Access early medical and rehabilitation advice to aid your recovery
Take control of your situation, rather than feeling powerless
Even a short, initial conversation can bring clarity and reassurance. At Nash & Co Solicitors, we make that step as straightforward and stress-free as possible.
How Nash & Co Solicitors can help
At Nash & Co Solicitors, we understand that picking up the phone or sending that first email can feel daunting, especially when you’re already dealing with so much. That’s why we make our approach as open, supportive and transparent as possible.
When you contact us, you’ll speak directly with an experienced member of the team who will take the time to listen to your story and explain your options clearly. We’ll answer your questions honestly and in simple terms, helping you understand what your next steps might look like and whether you have a potential claim.
If you decide to go ahead, we’ll handle everything from gathering medical evidence to liaising with experts and healthcare providers on your behalf. Our goal is to relieve as much of the stress as possible so that you can focus on your health and your family. There’s absolutely no pressure or obligation to move forward, and we’ll always be upfront about how funding works.
You can call 01752 827067 or email medneg@nash.co.uk to arrange a confidential, no-obligation conversation today.
Frequently Asked Questions
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Ideally, as soon as you feel ready. Early advice helps protect your legal position and ensures important evidence is preserved.
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That’s completely fine. Speaking to a solicitor doesn’t mean you have to start a claim. It’s about understanding your options so you can decide in your own time.
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Yes, usually three years from when you became aware of the misdiagnosis. Your solicitor can confirm if your situation still falls within this timeframe.
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You’ll have a conversation with an experienced team member who will listen, ask some questions, and explain your possible options without obligation or pressure.
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At Nash & Co Solicitors, the initial consultation is free. If you pursue a claim, it’s usually on a No Win No Fee basis, so there’s no upfront cost.
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Yes. If your loved one has passed away or lacks capacity, you may be able to act on their behalf. Your solicitor can guide you through how this works.
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No. Your right to NHS treatment and care will not be affected by bringing a legal claim.
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Many people feel this way, but medical negligence claims are about accountability, not blame. They help improve patient safety and secure support for your recovery.
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We help clients throughout Devon, Cornwall and across the UK, offering phone and video consultations for convenience.
