Misdiagnosis Claims
We are specialists in bringing legal claims for delays in diagnosis of cancer and when mistakes are made during treatment such as surgical errors.
Failures in the diagnosis and treatment of cancer can have very serious and life-threatening consequences. We are specialists in bringing legal claims for delays in diagnosis of cancer and when mistakes are made during treatment such as surgical errors.
When do cancer negligence claims arise?
Claims can result from a GP failing to pick up on symptoms of cancer or not making a quick enough referral to the correct specialist, or a referral at all. If a GP or other medical professional did not undertake a proper examination this can lead to a claim if it caused a failure in diagnosis. Delays can also result from test results or scans being misread or from a misdiagnosis of cancer symptoms such that a patient is diagnosed with, and treated for, a different condition.
In order to bring a successful claim, it must be shown that any delay in diagnosis or misdiagnosis caused harm that could otherwise have been prevented – for example that the cancer in question is now more difficult to treat and will require surgery or more intense chemotherapy.
Your claim – why us?
Your claim will be thoroughly investigated by our specialist lawyers, led by a partner. We are very experienced in bringing claims related to cancer. We appreciate the significant emotional distress of bringing a legal case in these circumstances and endeavour to provide the most supportive service to our clients. We understand the difficult legal issues that can arise in these cases, such as proving the likely staging of the cancer had there been an earlier diagnosis, and work with leading experts in oncology to assess the strength of a claim.
We then work with further experts to consider a client’s long term needs and the full amount of compensation required. We prioritise trying to obtain interim payments where possible to facilitate any private treatments needed.
Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases.
If you or a family member has suffered as a result of failures in treatment relating to cancer, we can support you through the process of bringing a claim for compensation. Where you have lost a loved one, we can also assist in bringing a compensation claim for the dependents of the person who has died. Please contact us to discuss how we can help.
Our Misdiagnosis Claims team
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Frequently Asked Questions
How long do I have to bring a misdiagnosis or delay in diagnosis claim?
There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.
For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).
Where a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.
Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).
There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.
It takes time to investigate a claim, so you should contact us as soon as possible.
Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?
If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.
If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.
What is the process for bringing a claim?
We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that the injury was caused by negligence.
We also calculate the amount of compensation that can be claimed. Typically, this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer.
In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.
Will the case be decided by the Court?
Probably not. The vast majority of personal injury and medical negligence claims are not decided by the Court. Occasionally, the Court will decide a case, if it cannot be resolved any other way. If the case has good prospects of success then the Defendant will usually want to settle the claim without a trial and both parties are obliged to explore all settlement options including Alternative Dispute Resolution and Mediation.
Successful claims are usually resolved by agreeing a settlement either before or during formal Court proceedings.
Where the claim is for a child or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement. This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person. The court hearing that concludes such cases is called an “Approval Hearing”.
How is the amount of compensation decided?
- Private round-the-clock care
- Private therapies and medical treatment
- Specialist equipment and vehicles
- Adapted accommodation
- Support with education or work (if that is possible for the injured person)
- Compensation for loss of earnings and pension
- Compensation for losses in self-employment
We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.
Will it take a long time before the case is concluded?
Medical negligence and personal injury claims typically involve detailed investigation and expert evidence. They often take several years to resolve.
Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.
When liability is established, the Defendant usually has to pay part of the compensation immediately. This is known as an Interim Payment. This allows the injured person’s needs to begin to be met while the work to quantify the full amount of compensation continues.
Can I make a ‘no win, no fee’ misdiagnosis or delay in diagnosis claim?
Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.
Please see our page on How are claims funded?
How do I access medical records?
Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).
Our clients sometimes wish to obtain copies of the medical records themselves before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records.