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Medical Negligence Claims

Cancer Misdiagnosis Claims

It’s important that cancer is diagnosed accurately and at the earliest possible opportunity in order to help your chances of recovery. When doctors and other medical professionals make mistakes, your symptoms might be diagnosed too late, meaning your cancer might be harder to treat or could have become terminal.

If medical negligence has meant that your cancer was misdiagnosed, we may be able to help you make a cancer compensation claim. Our expert lawyers will approach your case with understanding and sensitivity, seeking answers from those responsible, as well as assurances that similar mistakes won’t be made again.

We can help if you’ve suffered unnecessarily because of delayed diagnosis or misdiagnosis of:

By making a claim, you could secure money to make things a little easier for you and your family. We can help you access appointments with cancer specialists, and where suitable, organise help from rehabilitation experts who know what it takes for you to make the best recovery possible.

Our solicitors accept claims on a No Win No Fee basis*, meaning you won’t end up any worse off, no matter what the outcome of your case is.

For a free initial consultation about making a cancer negligence claim, contact us today on 0800 121 6567 or contact us online and we'll get back to you.

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Cancer Misdiagnosis Claims - More Information
    • How Can Compensation Help?
    • Our lawyers will always make sure that you receive a settlement that can pay for your care requirements. Compensation can help pay for:

      • Specialist private medical treatment
      • Rehabilitation
      • Loss of earnings
      • Expenses (e.g. travel costs)

       We’ll always act efficiently to secure funds so your care needs can be met as soon as possible. Your settlement can help pay for private medical treatment which might mean you can get appointments a little sooner than normal.

      If the person or organisation responsible accepts their part in your delayed diagnosis, we might be able to secure you early compensation payments before your claim has fully settled. These early compensation payments are also known as interim payments, which can help you pay for ongoing care and expenses.

      We can only calculate how much compensation you’re entitled to once we understand the full impact of your illness. These might only become clear when we know how successful any subsequent treatments have been and when detailed evidence has been gathered relating to your cancer.

      You’re likely to receive more compensation if your cancer wasn’t diagnosed until a late stage meaning your chances of making a full recovery were reduced. In these circumstances compensation can pay for your increased care needs. If your illness was diagnosed at a point where it had become terminal, your settlement can help with your family’s financial security in the future.

    • Can I Claim On Behalf Of A Loved One?
    • If a loved one has died because of a delay in the diagnosis of 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.

      There’s normally a three year time limit after the date of the death to make a claim. If your loved one had a post-mortem which discovered negligence, then you’ll have three years from the date where you learnt of the findings. Find out more about time limits

      Our lawyers could also help you access a statutory bereavement award, a flat rate of £12,980 which is payable when a wrongful death has occurred. This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.

    • 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.

    • Why Should I Choose Irwin Mitchell?
    • As a full-service law firm, we have lawyers with a variety of specialisms who can help with your claim. We have one of the largest and most experienced medical negligence teams in the country which is made up on many of the UK’s leading experts in medical claims.

      View our medical negligence experts

      We understand that you might be making a claim not only to secure compensation, but to get an explanation and apology for your negligent treatment. If you wish to make a complaint about a GP or hospital, we can provide specialist advice on the best route to take.

      You might have other issues which have arisen because of your medical negligence. We might be able to provide you with advice on:

      • Wills
      • Benefits
      • Employment issues
      • Rehabilitation
      • Investing your compensation

Irwin Mitchell is a firm of the highest integrity that will work for the client to provide an excellent, compassionate service from beginning to end."

Vivian, client

Frequently Asked Questions

What Are The Symptoms Of Cancer?

The symptoms of cancer are slightly different depending on the cancer type. Despite this, there are some potential signs and symptoms that GPs should always recognise and take seriously as potential signs of cancer.

Common symptoms include:

  • Lumps – if you have rapidly growing lumps, your GP should refer you for specialist tests as soon as possible.
  • Coughing, chest pain and breathlessness – having a cough for more than three weeks can indicate something more serious.
  • Bowel habit changes – if you’ve had blood in your stools, abdomen pain, persistent bloating or diarrhoea/constipation for an unknown reason, you should be referred for tests.
  • Moles – malignant moles display symptoms such as jagged edges, colour changes, itchiness, bleeding, asymmetrical shapes and diameter growth.
  • Weight loss - a sign of cancer can be weight loss that can’t be explained by diet, exercise or stress.

If you aren’t referred for the relevant tests by your GP, your cancer could develop to a more serious stage which needs invasive treatment. Your tumour might even progress to a point where it’s incurable if it goes undiagnosed.

Our lawyers are here for you if your cancer was misdiagnosed or spotted later than it should have been. We have years of experience in handling cancer claims and know what it takes to get compensation that can make a real difference to your life.

To find out more about making a claim, contact us today on 0800 121 6567.

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What Are The Common Misdiagnoses Of Cancer?

Most types of cancer have symptoms similar to other, non-cancerous conditions meaning that your condition can sometimes be misdiagnosed. You might be able to make a claim if the person treating you diagnosed your cancer incorrectly.

We may be able to help with your claim if you’ve experienced one of the following misdiagnoses:

  • Breast cancer – symptoms are similar to other inflammatory breast conditions such as mastitis (painful and inflamed breast tissue) and fibrocystic breast disease (benign lumps in the breast).
  • Bowel cancer – this can be confused as inflammatory bowel diseases such as irritable bowel syndrome (IBS).
  • Lung cancer – signs can be mistaken for lung infections including bronchitis, tuberculosis and pneumonia.
  • Pancreatic cancer – may be misdiagnosed as an inflammatory bowel disease such as pancreatitis.

Misdiagnosis can be avoided with thorough checks and referrals for specialist tests. Healthcare professionals should know the tell-tale signs of cancer and acknowledge the importance of acting quickly to detect your condition at the earliest possible stage.

When misdiagnosis happens, the impact can be life-changing as you may need invasive treatment such as radiotherapy and chemotherapy. Misdiagnosis can also mean that you receive treatment for the wrong illness which can be very harmful to your health. Unfortunately, because of the nature of this condition, if cancer isn’t detected until a late stage it can lead to death.

We’re here to help if you’ve suffered because of cancer misdiagnosis and can help you access compensation and rehabilitation that can make your life a little easier.

To find out more about making a cancer misdiagnosis claim, contact us on 0800 121 6567 to set up a free initial consultation.

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What Constitutes Negligence?

Misdiagnosis of cancer can result from negligent treatment. When rules aren’t followed or medical professionals fail to spot symptoms, they’re not providing the standard of care you’re entitled to. If this has happened to you, we could help you make a cancer compensation claim

You might be able to make a claim if the person treating you didn't:

  • Carry out an adequate examination
  • Refer you for the relevant tests
  • Diagnose cancer despite indications from symptoms and test results
  • Conduct the necessary scans or biopsies
  • Send you for specialist cancer treatment
  • Provided incorrect/unnecessary treatment
  • Organise relevant follow-up care

If you’ve suffered as a consequence of any of the above, you might have experienced additional and avoidable harm. We’re here for you if this is the case and can help you make a compensation claim. To find out more, contact us free on 0800 121 6567.

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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.

The Times Best Law Firms 2019 chambers-2019 legal-500-2019

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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We're supporting the fight against cancer.

As a firm we support Cancer Research UK and their work which will hopefully one day beat this sometimes fatal illness. As the world’s largest independent cancer research charity, Cancer Research UK creates awareness and also conducts research into the prevention, diagnosis and treatment of the disease.

The charity’s work is almost completely funded by public donations so we support their important research which could save the lives of so many.

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