Cancer Claims

On this page ... 

• Why should I make a cancer negligence claim?
• How are cancer negligence claims proven?
• How will a cancer misdiagnosis lawyer help me?
• Can I make a cancer negligence claim for someone else?
• Is there a time limit for making a cancer negligence claim?
• How much cancer negligence compensation could I claim?
• Will my cancer negligence claim affect the NHS? 
• I think I have a cancer negligence claim - what should I do?

Cancer negligence claims

According to Cancer Research UK, the survival rate for cancer has doubled in the last 40 years – half of people diagnosed will now live for another 10 years or more. But for treatment to be fully effective, early diagnosis is essential.

If your condition has worsened as a result of an incorrect or delayed diagnosis, you could have a cancer negligence claim.

Why should I make a cancer negligence claim?

We know the prospect of starting a cancer claim can feel intimidating. But you could be entitled to support and compensation for the negligence you suffered.

It may be that you’ve had to undergo more intrusive treatment such as chemotherapy or radiotherapy due to a delayed or incorrect diagnosis. This could mean taking additional time off work as well as being unable to spend as much time with your loved ones.

Any compensation you receive will take into account both the emotional and financial suffering caused by the negligence you experienced. And your solicitor will make sure that the settlement you’re offered fully reflects what you’ve been through.

If you’re not sure whether you have a cancer negligence claim, get in touch with our knowledgeable team. They’ll ask you a few straightforward questions about your case and let you know if you have a strong claim.

How are cancer negligence claims proven?

With these types of claims, evidence can make or break a case. Your solicitor will need to prove that your doctor acted negligently and that this directly caused your health to deteriorate.

Examples of negligence that could lead to a claim include:

• Dismissing of key symptoms
• Failure to carry out a full examination
• Failure to refer to a specialist
• Misinterpretation of scans or X-rays
• Misinterpretation of test results

There are guidelines in place for medical professionals to follow when it comes to diagnosing and referring patients with suspected cancer. These are set by the National Institute for Health and Care Excellence (NICE).

If your doctor did not act in line with the NICE guidelines, they could be held responsible if your condition has worsened as a result.

To demonstrate that your doctor acted negligently, your solicitor will gather evidence including:

• Expert medical advice
  Your solicitor may arrange for you to be seen by an independent medical expert during the claims process. This expert will use their knowledge and experience to provide an assessment of your current condition and how it’s likely to affect you going forward.
• Medical records
  Medical records are often used to prove when and where you received your treatment. But they can often reveal flaws in the care you received, too. If your doctor acted negligently, it’s likely that this will be reflected in the quality of their notes.
• Witness statements
  Well-written witness statements can make a big difference in cancer negligence claims. These statements could come from someone who attended your appointments with you, or members of staff who were present for your treatment.
• Your own memory
  Your solicitor will also ask you about what you can remember of the medical care you received. This will be written into a statement that outlines your memory of what happened, as well as the effect it has had on you.

How will a cancer misdiagnosis lawyer help me?

Our medical negligence solicitors are experts in cancer misdiagnosis and delayed cancer diagnosis claims. They will work on your behalf to get you the outcome you deserve. So you don’t have to worry about going through the process alone.

If you were treated by the NHS, your solicitor may also be able to help you make an official letter of complaint. Many people find this reassuring as it can help stop the same mistakes being repeated.

We offer a No Win No Fee service for these claims, which means you won’t have to worry about paying us anything upfront and there will be nothing to pay if your claim is unsuccessful.

Cancer negligence claims FAQs

Can I make a cancer negligence claim for someone else?

Having a loved one pass away is always painful. But it can be even more so if their death could have been prevented. If a member of your family died due to negligence, you could make a claim for compensation after their death.

This can help to cover the cost of medical bills as well as providing additional financial security, especially if the person who died was the primary earner in your household.

It’s also possible to make a claim on behalf of a child under 18 or any individual who is lacking the mental capacity to take legal action.

Is there a time limit for making a cancer negligence claim?

Usually there will be a three-year time limit for making a cancer negligence claim. This could be three years from the date the negligence took place or from when you first became aware of it.

There are times where the limits will vary, but we would always recommend seeking legal advice as soon as you’re able to. This will make it easier for you to remember the details of what happened, and it may also be easier for your solicitor to access important evidence.

How much cancer negligence compensation could I claim?

If your claim is successful, your settlement will likely be split into two parts: general damages and special damages.

General damages will consider the pain and suffering caused by the negligence you experienced. But this won’t be restricted to the physical impact. It could also include the psychological turmoil you’ve been through.

Special damages go one step further by considering any financial losses related to your treatment. This could cover lost earnings if you’ve had to take time off work, or the cost of travel to and from medical appointments.

For a rough estimate of how much compensation you could receive, try our free cancer misdiagnosis claims calculator.

Will my cancer negligence claim affect the NHS?

It's understandable you might have concerns about how your claim could affect the NHS. We’re all too aware of the pressures the organisation is under. But this doesn’t mean that you’re any less entitled to compensation.

Every year, money is put aside to cover the cost of NHS cancer misdiagnosis payouts. If your claim is successful, the compensation you receive will be paid through NHS Resolution, which essentially acts as an insurer for the NHS.

I think I have a cancer negligence claim – what should I do?

If you think you have a cancer negligence claim, the first thing to do is to share your concerns with a medical professional.

We understand you might be hesitant to trust another doctor after your experience. But it’s important to make sure that you’re now receiving the right care.

After this, you could consider taking legal action. Our team members are trained to answer any questions you may have about the claims process. They’ll speak to you about what happened and let you know if you’re likely to have a strong case.

If we think you could have a claim for compensation, we’ll ask if you’d like to be put in touch with one of our experienced solicitors. This decision will be completely up to you, and we’ll never pressure you either way.

When you’re ready to get in touch, you can reach us on the number at the top of the screen or by requesting a callback. And if you’d prefer to contact us online, we also have a quick and easy claims form.

We’ve supported thousands of people in situations similar to yours, and we could help you too.

Useful resources and guides:

• How to Sue the NHS
• How Much Can I Claim for Medical Negligence Resulting in Death?
• What Percentage do Solicitors Take for No Win No Fee Claims?