How long cancer misdiagnosis claims take and why | Nash & Co Solicitors
Written by Mike Shiers and Rebecca Brisley | Medical Negligence team | 10 February 2026
When you’ve experienced a cancer misdiagnosis, it’s natural to want answers and resolution as soon as possible. You might be anxious to move forward, to regain control, or to see justice for what went wrong. One of the most common questions people ask is how long a cancer misdiagnosis claim will take.
Unfortunately, there is no single answer. Every medical negligence claim is different, and the timeline can depend on several factors — from how complex the case is to whether the hospital or GP accepts responsibility quickly. However, understanding what typically happens and why can help you feel more in control and know what to expect along the way.
What this article will cover
In this article, we’ll explain how long a typical cancer misdiagnosis claim takes in the UK and the main factors that can influence the timescale. We’ll discuss what happens at each stage of the process, what you can do to help your claim progress smoothly and how Nash & Co Solicitors can support you throughout.
Typical timescales for cancer misdiagnosis claims
Most cancer misdiagnosis claims take between 18 months and 3 years to reach settlement. Some are resolved sooner, while others can take longer if liability is disputed or if the extent of your injuries needs more time to assess.
Here’s a general outline of how long each stage can take:
Initial assessment and evidence gathering: 3 to 6 months
Medical expert review and reports: 6 to 12 months
Negotiation or pre-court settlement discussions: 6 to 9 months
Court proceedings (if required): 12 to 24 months
These are only averages. In some cases, early admissions of fault and strong medical evidence can shorten the process significantly. In others, if several experts are involved or complex medical questions need answering, it may take longer.
What affects how long a cancer misdiagnosis claim takes
There are several reasons why medical negligence claims, especially those involving cancer, can take time. Cancer-related claims often require detailed medical evidence to show how the delay in diagnosis or incorrect treatment directly affected your health and prognosis.
Common factors include:
Complex medical evidence: Cancer cases often involve multiple specialists and a review of extensive medical records.
Disputes about liability: If the healthcare provider denies fault, your solicitor will need to gather additional expert evidence.
Ongoing treatment: Sometimes, it’s important to wait until your condition has stabilised to accurately calculate the impact of the negligence.
Expert availability: Medical experts who prepare reports are often highly specialised and may take time to review records and provide opinions.
Court scheduling: If your case goes to court, hearing dates can be delayed depending on court availability.
Each of these factors can add time, but they also ensure that your claim is supported by the strongest possible evidence.
Understanding the stages of a cancer misdiagnosis claim
Although the timescale can vary, most cancer misdiagnosis claims follow a clear structure. Your solicitor will guide you through each stage and explain what to expect.
Initial consultation: you’ll have a free, confidential discussion with a solicitor about what happened and how it has affected you. This helps establish whether you have a valid claim.
Evidence gathering: your solicitor obtains your medical records, correspondence, and other documents. Independent medical experts then review them to determine whether the care you received fell below an acceptable standard.
Letter of Claim: once the evidence is ready, your solicitor sends a formal Letter of Claim to the hospital, GP, or healthcare provider responsible. This outlines what went wrong and the harm caused.
Response from the defendant: the defendant’s legal team usually has four months to respond. They may admit fault, deny liability, or ask for more time to investigate.
Negotiation and settlement: if negligence is admitted your solicitor will then advise you regarding the next steps which may involve gathering in lots of information and evidence relating to the value of your claim, arranging additional expert appointments and possibly even issuing formal court proceedings. When appropriate your solicitor will start to negotiate a settlement of your claim.
Court proceedings (if necessary): if no agreement can be reached, your solicitor may begin court proceedings. Even then, most cases settle before reaching a full trial.
How to help your claim progress smoothly
Although your solicitor handles most of the process, there are a few practical things you can do to help things move efficiently:
Respond promptly to any requests for information or documents.
Keep a record of your appointments, treatments, and any ongoing symptoms.
Stay in regular contact with your solicitor for updates or to share new details.
Provide clear details about the impact on your daily life, finances or emotional wellbeing.
By working closely with your solicitor, you can help reduce unnecessary delays and ensure that your case remains as straightforward as possible.
Why some cancer misdiagnosis claims take longer
It can be frustrating when your claim takes longer than expected, but this is often because your solicitor is ensuring every detail is carefully investigated. In some cases, delays occur because medical evidence is complex, or because more than one healthcare provider was involved in your treatment.
Other reasons can include:
Waiting for expert reports to confirm whether earlier diagnosis would have changed your outcome.
The need for ongoing treatment or recovery before calculating damages.
The defendant disputing liability or the amount of compensation being claimed.
The most important thing is that your solicitor builds the strongest possible case, supported by clear, professional evidence. A well-prepared claim is more likely to succeed and achieve a fair outcome for you.
How Nash & Co Solicitors can help
At Nash & Co Solicitors, we know that waiting for answers can be stressful. That’s why our approach focuses on communication, care and clarity. From the moment you contact us, you’ll speak directly with an experienced member of the team who will take the time to understand your situation and explain the process clearly.
We’ll keep you updated at every stage so you always know what’s happening and explain any delays honestly to help you understand the reasons behind them. It’s important to us that we work on your case proactively to move your case forward as efficiently as possible. There is no pressure or obligation to move forward, just clear advice from people who care.
You can call 01752 827067 or email medneg@nash.co.uk to speak directly with an experienced member of the team today.
Frequently Asked Questions
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Most take between 18 months and 3 years, depending on complexity and whether the healthcare provider admits fault early.
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Yes, if the defendant admits fault quickly and the impact is clear, claims can settle within a year.
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Your solicitor may advise waiting until your condition stabilises to ensure your compensation reflects your long-term needs.
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If court proceedings are needed, they can add 12 to 24 months, depending on court scheduling and complexity.
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Yes. At Nash & Co Solicitors, we believe in clear and consistent communication at every stage.
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Yes. NHS and private patients both have the right to bring a claim if negligent care caused harm.
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No. Most claims are funded through a No Win No Fee agreement, with all terms explained clearly before you start.
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Yes. We represent clients across Devon, Cornwall and the wider UK, often by phone or video.
