Cancer Misdiagnosis Claims

Lung Cancer Misdiagnosis Claims

Learning that you have lung cancer is a life-changing experience, but finding out that your cancer could have been detected earlier can really make you question the treatment you’ve received.

Our lawyers are here to help if your lung cancer was misdiagnosed or not picked up because of negligent treatment.

We can work with you to claim compensation if medical professionals didn’t:

  • Link your symptoms to lung cancer
  • Refer you to a specialist
  • Provide the correct tests
  • Give you the right treatment after diagnosis

Our medical negligence solicitors accept claims on a No Win No Fee basis*, meaning that you won’t have to worry about funding your claim for compensation while this is ongoing.

We’re always focused on getting the right outcome for you, whether that’s claiming compensation, getting answers for your negligent treatment or helping you access specialist care and support services.

Largest medical negligence team in the country
No Win, No Fee*
Experts in accessing rehabilitation and support
Solicitors with in-depth medical knowledge

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Lung Cancer Misdiagnosis Claims - More Information
    • Lung Cancer Claims
    • We might be able to help you make a claim if you received substandard treatment for your lung cancer, which led to unnecessary pain and suffering. Doctors and other medical professionals should be fully aware of the symptoms of lung cancer and it’s vital that they pick up any signs of a tumour so the condition doesn’t spread.

      Most of the time, medical professionals do a good job and provide the care you need for your lung cancer. However, the condition is sometimes misdiagnosed and medical errors can happen when procedures aren’t followed. If lung cancer isn’t treated as early as possible then intensive action such as chemotherapy and radiotherapy might be necessary. Negligent treatment can also unfortunately lead to fatalities.

      We’re here to make things a little easier for you and your family by working to get you the compensation which can help pay for:

      • Private healthcare
      • Future rehabilitation and support
      • Loss of earnings
      • Expenses (e.g. travel costs)
    • Can I Claim On Behalf Of A Loved One?
    • Our solicitors are here for you if you’ve lost a family member as a result of negligent treatment. We’ll stand by you throughout the claims process making sure you’re comfortable at every stage.

      If your loved one died because of a delay in the diagnosis of lung cancer, our lawyers can help you with:

      • Recovering compensation for their pain and suffering, to account for financial losses caused by their death and to cover funeral expenses
      • Representing you at inquest
      • Getting you the answers and apology you deserve from those responsible

      You might be able to claim if you’re the spouse or child of the person who has unfortunately died. We can also help you make a claim if you’re the parent of a child under 18 or if you were financially dependent on the individual who lost their life.

      We can help you make a claim if you’re the spouse, civil partner or child of the person who died. You can also claim if you’re the parent of a child under 18 or a dependant whose life was financially supported by the person who died.

      We can also help make a claim for a statutory bereavement award, a sum of £12,980 which is paid when a wrongful death has happened.

    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your delayed diagnosis. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • How Long Will My Claim Take?
    • We try to make every claim run as efficiently and smoothly as possible, getting the best outcome for you as soon we can. However, every claim is different and the time they take to settle will differ case-by-case. Complex cases can take longer because we need to know the true consequences of your negligent treatment before your claim can be finalised.

      Because claims can take some time to settle we can try and get you early “interim” compensation payments to pay for care while your claim is ongoing (unfortunately this is only possible if your opponent has accepted responsibility early on).

    • Can I Make A No Win No Fee Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees. 

      Please visit our No Win No Fee page for more information on how it works.

    • Our Experts
    • We have the largest medical negligence team in the country, with expert solicitors based across the UK. Our lawyers are highly experienced with in-depth medical knowledge and will act efficiently to get the best results for you. We understand that this is a difficult time and you might want an explanation and apology, as well as compensation for your treatment. Our team will talk to you to understand your needs and will work hard to get the outcome that best suits your circumstances.

      Meet our experts

Thank you for all your hard work and support; you've made this process extremely straightforward. I'm really happy with the level of service provided by Irwin Mitchell."

Tom, client
testicular cancer

Frequently Asked Questions

What Are The Symptoms Of Lung Cancer?

There are three main types of lung cancer: small cell carcinoma, squamous cell carcinoma and adenocarcinoma. Each of these conditions have similar symptoms which should be picked up by medical professionals, including:

  • Persistent coughing
  • Loss of appetite/weight loss
  • Chest pains
  • Tiredness
  • Shortness of breath
  • Coughing up blood
  • Headaches
  • Bone pain
  • Easily susceptible to infections (such as bronchitis and pneumonia)

If the person treating you didn’t diagnose your lung cancer correctly despite being presented with these symptoms, you might be able to make a claim. To find out more about making a medical negligence claim, contact us today free on 0800 121 6567.

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What Are The Common Misdiagnoses Of Lung Cancer?

Lung cancer is often misdiagnosed as it has very similar symptoms to chronic obstructive pulmonary disorder (COPD), sometimes known as smokers’ lung. A lot of smokers develop COPD but only a small amount of these will actually get lung cancer, which means doctors can dismiss lung cancer as being COPD.

There are a number of other conditions that lung cancer can be misdiagnosed as, including:

  • Tuberculosis – a bacterial inflectional normally affecting the lungs
  • Hodgkins lymphoma – cancer of the lymphatic system
  • Bronchial pneumonia – an infection of the respiratory system
  • Lung nodules – masses of tissue on the lungs
  • Lung abscesses – a bacterial infection in the lung tissue

When lung cancer is misdiagnosed, you may start receiving treatment for the wrong condition which can be harmful. While you’re receiving incorrect treatment, your cancer may still be progressing which can mean more aggressive treatment is needed. Sadly, if treatment for lung cancer is delayed, it could reach a stage where the condition becomes terminal.

If your cancer was misdiagnosed, contact us today on 0800 121 6567 to set up a free initial consultation.

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What Constitutes Negligence?

Medical negligence sometimes happens when treating lung cancer because medical professionals don’t follow the proper procedures to pick up signs of your condition at the earliest possible stage. We can help you make a compensation claim if the person treating you didn’t:

  • Refer you to a specialist
  • Notice a family history of lung cancer
  • Conduct further tests despite you showing symptoms
  • Act quickly on biopsy results
  • Examine you correctly
  • Perform a biopsy despite you showing physical signs
  • Recommend appropriate treatment options

Diagnosing lung cancer as early as possible is vital because the condition can spread, sometimes meaning that treatment won’t work. In order to detect and monitor lung cancer, the following tests can be performed:

  • X-rays – to find if a tumour is present
  • MRI scans – identify any abnormalities
  • CT scans – to check if the cancer has spread
  • Bronchoscopy – an instrument that checks for tumours in air passages
  • Biopsies – samples of tissue can be taken to detect cancer

We can help you make a claim if your doctor didn’t refer you for the appropriate scans and tests to identify and monitor your illness. By making a claim with us, you won’t only be getting the compensation that ensures you receive the best private medical care, but it will provide a chance to raise awareness for other medical professionals and bodies so the same doesn’t happen again.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven previous occasions.
"One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Raising cancer awareness – working with Macmillan Cancer Support.

We work alongside Macmillan Cancer Support to ensure that people with cancer and their families get the information, practical advice and support they need. The organisation provides a variety of support, covering subjects such as:

  • Understanding your cancer
  • The causes and risk factors of cancer
  • Organising your future
  • Treatment methods
  • Coping with cancer

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Our offices are located in major cities throughout the UK and have excellent transport links.

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To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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