Making a cancer misdiagnosis claim step by step | Nash & Co Solicitors
Written by Mike Shiers and Rebecca Brisley | Medical Negligence team | 6 February 2026
Discovering that your cancer diagnosis was delayed or incorrect can be devastating. It can affect not only your health but also your confidence in the medical system. A cancer misdiagnosis may mean treatment was started too late, the wrong treatment was given, or important symptoms were overlooked.
If you believe your diagnosis was mishandled, you may be entitled to make a medical negligence claim. The process can seem daunting, but a good solicitor will guide you through each stage clearly and compassionately, ensuring that you know what to expect from the beginning.
What this article will cover
This article explains each stage of the cancer misdiagnosis claims process, from the first conversation with your solicitor to receiving compensation. It outlines what evidence is needed, how long the process might take, and how Nash & Co Solicitors can support you every step of the way.
Step 1: Contacting a medical negligence solicitor
The first step is to reach out to a specialist solicitor who deals with cancer misdiagnosis and delayed diagnosis cases. This initial contact is usually a free consultation.
At Nash & Co Solicitors, when you get in touch, you will speak directly with our experienced team. They will listen carefully to your story, ask some questions about your diagnosis and treatment, and explain what options might be available to you.
This conversation is completely confidential and carries no obligation to proceed. The goal is to help you understand whether you may have grounds for a claim and what your next steps could be.
Step 2: Reviewing your case
If you decide to move forward, your solicitor will begin by assessing whether your experience meets the legal criteria for a claim. This involves examining whether:
The care you received fell below an acceptable standard.
That failure directly caused harm, delay in treatment, or worsened your condition.
Your solicitor will review your medical records, consult with independent experts, and identify where errors may have occurred. This early stage is about understanding the facts, not assigning blame.
Step 3: Gathering evidence
Evidence is the foundation of any successful medical negligence claim. Your solicitor will collect and manage this on your behalf, ensuring nothing is missed. Typical evidence includes:
Copies of medical records and test results.
Notes from GP and hospital appointments.
Expert medical reports to establish what went wrong and why.
Details of how the misdiagnosis has affected your life, including physical, emotional and financial impact.
At Nash & Co Solicitors, we handle this stage carefully and transparently. We will keep you informed throughout and explain what each piece of evidence means for your claim.
Step 4: Sending the Letter of Claim
If there is enough evidence to support your case, your solicitor will prepare a Letter of Claim. This document is sent to the doctor, hospital or NHS Trust responsible, explaining what went wrong, how it caused harm, and what outcome you are seeking.
The defendant’s legal team will then investigate and respond, either accepting or denying responsibility. This is known as the Letter of Response stage.
Step 5: Negotiation and settlement
Most cancer misdiagnosis claims are resolved without going to court. Once the defendant has responded, if responsibility for your claim has been accepted, your solicitor will gather in all information needed to understand the value of the claim and once this is understood and evidenced, negotiations to agree a fair settlement can commence.
If the Defendant has denied that they are responsible for any harm, then your medical experts will be asked to comment on the Defendant’s position and confirm whether a claim can and should proceed.
Step 6: Going to court (if necessary)
In a small number of cases, if the other side does not accept responsibility or disputes the value of the claim, court proceedings may be needed.
If this happens, your solicitor will guide you through every stage of the process. It is rare for a case to reach a full trial, but if it does, the focus is on presenting evidence calmly and clearly, not confrontation.
Step 7: Receiving compensation
Once your claim is successful, your solicitor will ensure you receive your compensation promptly and that all financial aspects are explained clearly.
At Nash & Co Solicitors, we believe in full transparency. You will always know in advance what deductions will apply, including the agreed success fee and any insurance costs.
Step 8: After your claim is complete
After your claim concludes, your solicitor can provide guidance about next steps, such as accessing rehabilitation or counselling, managing your finances, or handling ongoing medical concerns. Many clients find this ongoing support helps them move forward with confidence.
How long does a cancer misdiagnosis claim take?
Every claim is different, but most medical negligence cases take between 18 and 30 months to resolve. Complex cases, or those involving multiple hospitals or specialists, can take longer. The key factors that affect timescales include:
How quickly medical records can be obtained.
The level of cooperation from the defendant.
Whether responsibility is admitted early or disputed.
Your solicitor should provide regular updates and realistic timelines so you always know where things stand.
How Nash & Co Solicitors support clients through every stage
At Nash & Co Solicitors, we know how overwhelming the idea of a legal claim can feel when you are already coping with a serious health issue. That is why we focus on clear communication, genuine care and complete transparency. Our medical negligence solicitors will:
Explain your options in simple terms.
Keep you updated at every stage of your claim.
Offer a free initial consultation to discuss your situation.
Handle your case on a No Win No Fee basis where appropriate.
When you contact us, you will speak directly with an experienced member of the team who can listen, advise and outline the best path forward.
You can call 01752 827067 or email medneg@nash.co.uk to arrange a confidential discussion. There is no pressure or obligation to proceed — just straightforward advice from people who care.
Frequently Asked Questions
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If your diagnosis was delayed or incorrect and this caused harm, you may have grounds for a claim. A solicitor can assess your case and advise whether it meets the legal criteria.
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Medical records, test results, and independent expert opinions are essential. Your solicitor will handle obtaining these on your behalf.
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The amount depends on how the misdiagnosis affected your health, quality of life and finances. Your solicitor will give an estimate once the facts are known.
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Generally, you have three years to bring a medical negligence claim but when this starts depends on your specific circumstances.
In some cases, the time runs from the date the negligence and harm were obvious, while in others it runs from your date of knowledge, meaning when you knew or reasonably ought to have known that negligent treatment had caused you harm, such as the date of a delayed cancer diagnosis.
This test is fact specific and varies by case so it is important to seek legal advice as soon as possible to protect your position.
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Most claims are settled out of court. Only a small percentage go to trial, and even then, your solicitor will support you throughout.
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With a No Win No Fee agreement, you do not pay any legal fees upfront. You will only contribute to costs if your claim succeeds, under agreed and capped terms.
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If your claim is unsuccessful, you will not pay your solicitor’s legal fees.
You will need to take out After the Event (ATE) insurance in order to progress your claim. There will be no upfront costs as you only pay the premium if you win, and even then it is only payable upon receiving your damages. The policy covers the costs you might have to pay to the other side if you lose and will also provide cover for your own costs in pursuing your claim, such as court fees, expert reports and other disbursements.
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Yes, if they have passed away or are unable to make the claim themselves, you may be able to claim on their behalf.
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Yes. We represent clients across Devon, Cornwall and the wider UK, often handling cases by phone or video call.
