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Cancer Misdiagnosis Claims
Our Resolve. Your Resolution.
Cancer misdiagnosis claims require specialist handling to ensure that families are supported throughout the claims process and maximum compensation is obtained.
Cancer misdiagnosis can occur in a number of ways, including:
Whatever the cause, we can advise you. We are always available to discuss your particular circumstance and provide free and practical advice about how we can best assist you with a claim.
The symptoms of cancer can be life-changing. Making a legal claim should not add to that burden and we strive to ensure the claims process is dealt with efficiently and compassionately. We pride ourselves on offering a personal and professional service tailored to you.
What our clients say
Why choose Harrowells?
We are committed to helping you move forward with your life by drawing on our considerable expertise in supporting complex medical negligence and serious injury claims.
We understand that a claim is much more than process and evidence. It is a journey where we need to provide guidance and support at every stage.
You may feel wary and confused in the immediate aftermath of your injury. We can bring clarity about your options and next steps with clear, practical explanations.
We have a track record of securing successful outcomes because we take care to marshal specialist legal and medical expertise appropriate to your situation.
Cancer can be misdiagnosed for a number of reasons. These will be typically:
The signs of possible cancer will depend on what type of cancer you have. The symptoms of cancer can sometimes be interpreted as being due to something else; for example, lung cancer might be diagnosed as a chest infection.
The consequences of failing to diagnose cancer sufficient quickly can be devastating.
Cancer will continue to grow and spread. If diagnosis is delayed, treatment is delayed. This means when your cancer is eventually diagnosed, the treatment you need might be more invasive; it might even mean your cancer can no longer be treated.
A cancer diagnosis can have a significant impact on your life. Where we can show that there was a failure to diagnose your cancer, we can investigate the difference an earlier diagnosis of cancer would have made, and can claim compensation for the consequences of the failure to diagnose the cancer correctly.
That might be compensation for the additional therapies you need to access, or the care and support you need in treating your condition, whether from loved ones or paid carers.
If your treatment has caused avoidable harm because the care you received was not of a reasonable standard, compensation may be available. This can include damages for the injury and the losses connected with it.
To pursue a medical negligence case, it is generally necessary to prove two key points.
One is that the treatment fell below the standard reasonably expected. For instance:
The other is that the negligence caused injury. That may involve a new medical problem or the worsening of symptoms or an existing condition.
If you suspect the care you received was inadequate, or you would like help understanding whether you can claim, our medical negligence team can advise further.
The likely success of your claim is considered throughout the case, allowing any issues relating to liability or possible settlement to be identified at an early stage. We believe in straightforward communication, so you can understand the position clearly and decide how best to move your claim forward.
The goal of compensation is to place you, as far as reasonably possible, in the position you would have been in if the negligence had not taken place. Financial compensation may therefore address your injury, along with past and anticipated losses, including the cost of future care or treatment.
Because each person’s situation is different, the losses included in a claim should reflect your own needs and circumstances.
If your case is successful, the outcome can help fund recovery, provide practical support, and guide you towards suitable treatment and next steps.
A cancer misdiagnosis claim usually starts with an initial discussion with specialist solicitors, who can consider the facts and advise whether you may have a case. Because that guidance is tailored to your own position, you can decide with confidence whether to continue.
Once instructed, your solicitor will begin the pre-action work needed to investigate the claim properly. This often involves securing evidence on negligence, causation, the extent of your injuries and your expected recovery.
After the evidence has been gathered, negotiations can begin with the defendant’s representatives on both responsibility and compensation.
If those discussions do not lead to a settlement, court proceedings may then need to be considered.
To help you seek justice and recover compensation for the harm you have suffered, we offer ‘no win, no fee’ funding for medical negligence claims. These Conditional Fee Agreements are intended to limit the financial risk of starting a claim and to make expert legal help more widely available. If the claim is not successful, you will not have to pay our fees. Further details about funding are included in the Frequently Asked Questions on this page.
Starting a medical negligence claim is rarely straightforward, and you may already feel frustrated or disheartened by the people involved in your treatment. That can make the idea of speaking to another professional seem difficult.
For that reason, it matters that your solicitor gives clear advice, inspires confidence and handles the process with efficiency and honesty.
We recognise that you will want to put this experience behind you and that bringing a claim can feel intimidating. A supportive representative should take on as much of the burden as possible, leaving you free to prioritise your recovery.
The Claims Process
Free, no obligation initial assessment of your claim and funding options
Speak with our experts so that we can better understand your current situation and assess the legal basis for resolving your claim, likely prospects of success, and options for funding your case from the outset. We will provide guidance and support from the outset.
Detailed preparation of your claim by legal and medical experts
We gather together the evidence from a range of sources including your medical records and treatment history, information about any financial loss or other impacts, together with input from independent medical specialists who are experts in their particular field.
Engage with the defendant’s lawyers
With evidence in hand and having kept you fully informed about case progress and intended approach, we engage with the defendant’s lawyers to focus on the key issues, evidence and legal arguments most likely to yield a successful outcome for you.
Valuing your claim and negotiating with the defendant
If we are satisfied that the medical evidence is supportive of your claim, we will use this to value your claim. We will enter negotiations with the defendant and support will be given throughout to provide you with the confidence to give instructions on any settlement.
Settlement or court proceedings
Upon settlement, your compensation will be paid to us, and we will release your payment to you. Sometimes court proceedings may be necessary; we ensure your case is presented clearly and compassionately so that the full impact is fully appreciated by the court.
Compensation and support
Resolution is not simply about compensation but also about building a package of ongoing support for you and for your loved ones. We work closely with rehabilitation professionals who can assist you following resolution of your claim.
FAQs
How long does a cancer misdiagnosis claim take?
The time needed varies from case to case. Much depends on the speed with which medical experts can prepare reports and whether the defendant is willing to address liability and compensation at an early stage. Claims are progressed under the Civil Procedure Rules and the pre-action protocol for clinical disputes, which aims to encourage settlement without court proceedings where possible.
More difficult cases often take longer because they require extensive evidence and careful investigation, so some claims do not conclude quickly.
You should also keep the 3-year limitation period in mind. Usually, that runs from the negligent treatment itself or from the point when you first knew the injury may have been caused by negligence.
Do you offer no win no fee for cancer misdiagnosis claims?
Where we consider that your claim has prospects of success above 50%, we may be able to offer funding through a Conditional Fee Agreement, often referred to as a no win, no fee agreement. In a successful claim, our costs are generally recovered from the defendant. If the claim is unsuccessful, those costs are ordinarily written off.
If damages are recovered, a success fee and some unrecovered legal costs may still be deducted from the compensation.
Additional outlays, including expert and court fees, sit outside the Conditional Fee Agreement. We therefore review whether insurance is required to deal with those expenses.
We can talk through funding in a free initial appointment and explain the options available for your case.
What evidence is needed to make a cancer misdiagnosis claim?
To begin investigating a case, we usually obtain your medical notes from the relevant providers and take a witness statement from you.
That material is then sent to independent experts. Commonly required reports include:
Breach of duty and causation
The expert in the appropriate medical field considers whether the treatment fell below a reasonable standard and whether that failing caused or contributed to your injury.
Condition and prognosis
Once supportive evidence has been obtained on liability, we gather further expert evidence on your injuries, likely recovery and future outlook. More than one report may be necessary where there are different physical or psychological consequences.
Evidence of financial loss is also collected so the amount claimed can be properly calculated.
Are there time limits to bringing a cancer misdiagnosis claim?
Usually there is a 3-year time limit under the Limitation Act 1980. If proceedings are not issued before that period expires, the claim may be barred unless the court exercises a limited discretion to allow it to continue.
Examples of situations that can affect the time limit are:
Will I need to go to court to make a cancer misdiagnosis claim?
No, not always. Settlement without a trial is often possible, and suitable steps should be taken to resolve the matter without court action where that can be achieved.
However, if the other side disputes negligence or there is no agreement on compensation, proceedings may need to be issued. The court then manages the timetable and a final hearing becomes the last stage of the process.
Can I bring a cancer misdiagnosis claim on behalf of someone else?
Yes, that can be possible where the injured person is a child, lacks capacity or has died. Advice on the facts of the case is important so that the appropriate person is authorised to act.
How much compensation can I claim for cancer misdiagnosis?
The figure will depend on expert evidence dealing with your injuries and prognosis. That evidence is used to measure the seriousness of the harm and how long the effects are likely to last.
We also prepare evidence of financial losses, such as reduced earnings, treatment expenses and care needs.
Because expert input is needed, it is generally not possible to value the claim fully at the start. The aim is to ensure all past losses and future requirements are included.
As the evidence becomes available, we will guide you on the likely valuation of the case.
How is cancer misdignosis claim compensation paid out?
When the claim concludes by settlement or judgment, payment is normally due from the defendant within 14 days.
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