Cancer Misdiagnosis Claims

Many cancers share symptoms with less serious or non-cancerous conditions, which can sometimes lead to a misdiagnosis or a delay in diagnosis.

Cancer can also be misdiagnosed if a healthcare provider:

• Failed to recognise your symptoms.

• Carried out the wrong tests and investigations.

• Made an administrative or human error, such as reading results wrong.

• Did not refer you for more tests or to a specialist.

Doctors and other healthcare providers understand how crucial early diagnosis is for the best possible outcome.

However, if these mistakes have happened and your diagnosis or treatment was delayed, this may amount to medical negligence, and you could be entitled to make a cancer misdiagnosis claim.

You might be able to make a claim if your healthcare provider failed to meet the standard of care expected, and this directly caused your condition to worsen. This means you could have been a victim of medical negligence through a cancer misdiagnosis.

Please note that not every delayed or incorrect diagnosis will be considered medical negligence. When you share the details of your situation with our specialist lawyers, we can advise whether you have a potential claim.

In most cases, you have three years from the date of the misdiagnosis, or from when you first realised negligence may have occurred, to begin your claim.

Get in touch with our lawyers today to see if you can make a claim.

Yes, it's possible to claim for someone else who is unable to do so themselves. The most common examples are:

• Claiming for a child: Children can't legally claim themselves until they reach 18, so a parent or legal guardian can do this for them. If a settlement is not reached sooner, the child has until their 21st birthday to claim.

• Claiming on behalf of someone with limited mental capacity: A loved one can make a claim on their behalf, and there is usually no time limit in these cases.

• Claiming on behalf of a deceased relative: If your loved one died due to a cancer misdiagnosis, you can pursue a claim for them.

In the UK, you generally have three years to make your claim, which is why you need to proceed as soon as you can. The three years will start from the date of the misdiagnosis or from the date you became aware of it—whichever is later.

There are exceptions to this rule, though. For example, if the claimant lacks mental capacity, there tends to be no time limit. A child has three years from their 18th birthday to bring a claim themselves, meaning the limit extends to their 21st birthday.

To help you understand your specific time limit, get in touch with our team today and get the ball rolling.

Because of the varying circumstances that are specific to you, there is no fixed average payout for a cancer misdiagnosis claim. Each payout is based on the severity of the claim.

You can speak to our team of expert lawyers, who can advise you on whether you have a claim to pursue.

If you believe your healthcare provider has:

• Failed to recognise your symptoms.

• Carried out the wrong tests and investigations.

• Made an administrative or human error, such as reading results wrong.

• Did not refer you for more tests or to a specialist.

And your cancer progressed as a result, you may have a claim.

In a cancer misdiagnosis claim, you need to first prove that there was a breach of duty of care that led to a cancer misdiagnosis, and further suffering or loss of the patient that could have been avoided.

Your lawyer will talk you through any physical evidence, like your medical records, you need to make a claim, and they will research issues raised if necessary.

We completely understand if you feel this way, given the problems the NHS is facing in our current climate.

However, a body called NHS Resolution handles claims against the health authority. The government set up this organisation to handle compensation for cancer misdiagnosis claims.

NHS Resolution is an arm’s-length body of the Department of Health & Social Care, and essentially acts as an insurance provider for NHS Trusts and GPs. Every year, each will pay an amount to NHS Resolution, just like you do for car or home insurance.

When a successful claim is made, NHS Resolution makes the compensation payout on behalf of the Trust concerned. This means your claim won’t take money away from other patients being treated. 

If you have any more questions, please don't hesitate to contact us.

Yes, you can sue the NHS if their duty of care fell below standard expectations, resulting in a misdiagnosis that caused further suffering. 

You can do this through our team of expert lawyers here at Nash & Co Solicitors. For more information on how you can make a claim, contact us today, and we'll do what we can to help.

If you don’t think you’re getting the level of service or satisfactory advice from your current solicitor, we’d be happy to discuss switching your case to Nash & Co Solicitors. Just call our team on 01752 827085 or contact us online.