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  • Overview

    When can you claim compensation for delayed diagnosis or misdiagnosis of cancer?

    Diagnosis of cancer is devastating for both patient and family. Delayed diagnosis, misdiagnosis and mistakes in the treatment of cancer add to this distress as they have implications for life expectancy, affect the treatment options available and cause or aggravate depression.

    There are many circumstances where a compensation claim can be brought, including:

    • Misdiagnosis of cancer
    • Delayed diagnosis of cancer
    • Misinterpretation of scans or imaging
    • Failure to spot cancer symptoms
    • Failure to investigate cancer symptoms adequately
    • Failure to treat cancer adequately or quickly enough.
       

    Cancer claims can be brought against both hospital clinicians and GPs.

    You can also bring a cancer claim on behalf of a child.

    What is involved in proving medical negligence in cancer cases?

    Proving the error in cancer cases is often relatively straightforward. Proving the difference earlier diagnosis would have made is more complicated. The following factors are particularly relevant:

    • The type of cancer involved
    • The stage the cancer was at when the error was made
    • The point when the tumour changed from benign to malignant.
       

    Resolving these issues can be difficult for even the most experienced oncologists.

    How we can help with delayed diagnosis or misdiagnosis of cancer claims?

    • The size of our clinical negligence team and the breadth of our knowledge in cancer compensation claims means it is likely that we have already recovered compensation in a case with similar circumstances to yours
    • Where their life expectancy has been affected by medical negligence, cancer patients are worried about the future of their families as well as their own health. It is our job to ensure that your cancer claim succeeds and your family receives compensation to give them security in the future
    • Bringing a medical negligence claim while you or a family member is suffering from cancer can be stressful. Our aim is to make the process as easy as possible for you and to guide you through each stage of the investigation. We can help you find out why the system has failed you and what went wrong. Or prevent the same thing happening to somebody else
    • Cancer compensation claims are complex and require high levels of expertise. We create a team of specialists including:
      • the best independent consultants in the country
      • barristers known for their expertise in cancer clinical negligence work
      • clinical negligence lawyers with experience in cancer claims.
    • Our lawyers are specialists in medical negligence cases and our clinical negligence team is one of the most established, teams in the country
    • We are highly ranked by two of the most prestigious, independent guides to the legal profession 'Chambers and Partners' and 'The Legal 500'
    • We have expertise in dealing with claims relating misdiagnosis or delayed diagnosis of many types of cancer claims including:
      • Mesothelioma (resulting from exposure to asbestos)
      • Lung cancer
      • Breast cancer
      • Testicular cancer
      • Colon cancer
      • Rectal cancer
      • Cervical cancer
      • Skin cancer
      • Stomach cancer
      • Kidney cancer
      • Bowel cancer.
         

    Free initial consultation

    Contact our team of specialist lawyers for a free, no obligation, consultation and we will listen to the circumstances of your medical treatment, and give you clear advice on the chances of you receiving compensation in a clinical negligence claim. If we think you have a claim, we can investigate your case using the financial security of a no win no fee arrangement.  

    Call us on 01892 510000 or fill in our short enquiry form and we will assess your cancer compensation claim.

     

     

  • Related Client Stories

    Hospital's delay in diagnosis of colon cancer leaves claimant with permanent urostomy and colostomy

    This case study demonstrates the expertise of our Clinical Negligence team who recently secured compensation of £140,000 when a hospital failed to follow up a missed routine colonoscopy in a patient who was at high risk of developing colon cancer.

    Failure by GP to send mole for testing leads to missed cancer diagnosis

    This case study demonstrates the expertise of our Clinical Negligence team who recently settled a claim for £1 million for a claimant after his GP misdiagnosed a cancerous mole for a wart, leading to a delay in diagnosis.

    GP failure to report abnormal smear result

    Patricia Fearnley, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £112,000 for a woman whose GP failed to report her abnormal smear test results, resulting in a two and a half year delay and more invasive treatment.

    Delayed diagnosis and treatment of cervical cancer

    James Cahan, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured compensation for a woman whose diagnosis and treatment or cervical cancer was delayed for 5 ½ years after her GP and consultant failed to act on a positive smear test.

    Urinary incontinence following bowel cancer surgery

    James Cahan, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £130,000 for patient who developed a perineal fistula and subsequent urinary incontinence after his urethra was damaged during bowel cancer surgery.

    Delay in diagnosing brain tumour (meningioma)

    Patricia Fearnley, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured £600,000 for a man who suffered a negligent delay in diagnosing a meningioma (a benign brain tumour) which left him incapacitated by headaches, hormonal problems, extreme lethargy and depression.

    Six month delay in diagnosing bowel cancer

    Jennifer Waight, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £5,000 for a patient after her hospital failed to inform her of abnormalities on her CT scan, causing six month delay of diagnosis of bowel cancer.

    Death after meningitis contracted during brain surgery

    James Cahan, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured over £70,000 for the widow of a man who died after he contracted meningitis following surgery to remove a brain tumour.

    Permanent deterioration after negligent discharge

    Oliver Chapman, specialist clinical negligence lawyer, based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices has secured compensation for the estate of an elderly patient who suffered a permanent deterioration in health after she was discharged from hospital prematurely.

    £67,500 award after failure to diagnose kidney cancer

    Jonathan Herbert, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) Offices, has secured £67,500 for a patient who required extensive open surgery after her kidney cancer remained undiagnosed for 13 months.

    Investigation uncovered falsified patient’s medical records

    James Cahan, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells Office in Kent, has secured compensation for the family of a mentally ill man who died as a result of a failure to provide adequate monitoring. During the investigation a nurse admitted falsifying medical records to cover up the negligence.

    Engineer exposed to asbestos compensated for mesothelioma death

    This case study demonstrates expertise of our chemical poisoning and asbestos team which recently negotiated a significant amount of compensation for the Estate of a former contracts engineer who experienced occupational exposure to asbestos when visiting various building sites to measure up for the purposes of drawing plans for air conditioning systems.

    Compensation for mesothelioma following exposure to asbestos at work

    Oliver Chapman, specialist personal injury lawyer based at Thomson Snell & Passmore's Tunbridge Wells Office, has secured over £140,000 for the widow and estate of a former floor fitter who died from mesothelioma after he was exposed to asbestos by his former employers.

    Mesothelioma compensation recovered for engine fitter

    We have successfully negotiated an undisclosed 6-figure settlement for a former engine fitter who contracted mesothelioma from working with asbestos at Chatham Dockyard.

    Mesothelioma compensation recovered for wife of labourer

    We have successfully negotiated a £180,000 settlement for the surviving wife of a former labourer who contracted mesothelioma when working with asbestos during his employment with Vulcan Plastics in Westerham from about 1964 to 1965.

    Mesothelioma compensation recovered for shop worker

    Compensation recovered for a former shop worker and cashier at the old Marks and Spencer Store in Folkestone who contracted mesothelioma from working in close vicinity to building works being carried out there which included asbestos.

    Damages recovered following delay in diagnosis of lung cancer

    The clinical negligence team demonstrated their expertise when they recently recovered damages for a gentleman who suffered a delay in treatment of lung cancer following a hospital failing to follow up a suspicious chest ray. The case settled for an undisclosed award plus legal costs.

    Mesothelioma compensation recovered for wife of lagger’s mate

    We have successfully negotiated a £120,000 settlement for the surviving wife of a former lagger’s mate who contracted mesothelioma from working with asbestos for an asbestos insulation company, Kitsons.

    Patient suffers progression of kidney cancer when hospital loses scan

    This case study demonstrates the expertise of our Clinical Negligence team who obtained £60,000 compensation in a claim where the results of a CT scan remained undiscovered for 12 months by which time the tumour had increased in size having an adverse effect on her prognosis, which was then very poor.

    Compensation following a failing to communicate

    This case study demonstrates the expertise of our Clinical Negligence team. In this pair of connected cases, the team recovered £22,500 for the Estate of a deceased cancer patient and £7,000 and £8,000 respectively her husband and daughter as secondary victims.

    Leukaemia patient dies after delay in administering intravenous antibiotics

    This case study demonstrates the expertise of our Clinical Negligence team who have recently acted for the widow of a patient who passed away following delays by South East Coast Ambulance Service in getting him to A&E and Maidstone Hospital in administering intravenous antibiotics.

  • Latest Updates

    Should I settle my medical negligence compensation claim directly with NHS Resolution?

    Often when patients are unhappy with the treatment they have received from an NHS hospital they will make a formal complaint to the Trust. Formal complaints are a useful way of getting essential information about the treatment a patient has received and may sometimes result in that Trust apologising to the aggrieved patient.

    Is your NHS complaint response worth the paper it is written on?

    Jessica Hanrahan, a Paralegal in our Clinical Negligence and Personal Injury team shares her views on the news that the NHS Complaints Service has been found it to be most inadequate following a review by the Health Service Ombudsman. 

  • Know How

Get in touch

Tom was really helpful he explained very clearly and what would happen. Thank you

Client

Clients are impressed with his performance, saying: 'He's very much a detail man; very careful and very thorough'

Chambers UK 2015

Thomson Snell & Passmore's 'consistently professional and accessible' team is led by Fiona Mills. Graham Bell is noted for his 'excellent eye for detail'

The Legal 500 2014

In a meeting with Patricia Fearnley I was struck by her immediate understanding of the situation, and also by her warmth and sympathy, which reassured me that I had made the right choice of solicitors to deal with our case

Client

I have used various departments of TS&P and have ALWAYS been VERY happy with all advice correspondence, help and professionalism that I have received

Client

I always feel listened to and have been treated very well

Client

Very professional, removed the pressure from a stressful situation and allowed me to concentrate on my recovery.

Client

Thank you for providing an excellent service, which due to you was stress free for me!  I am more than happy with the amount and am now, more importantly, able to move on putting this behind me.

Client

 The best people outside London.

We will always be grateful for the way in which you so competently handled our claim and we would most certainly pass your name to anyone we know in need of comparable help.

Client

An 'exceptionally capable' team.

The legal 500 2013

The team is very thorough and meticulous.

Chambers UK 2014

The team dealt with a difficult situation. It was good with getting the right experts involved with our case. - Chambers UK 2014

Chambers UK 2014

The firm's level of service is nothing short of phenomenal.

Chambers UK 2014

We would like to thank you for the thorough, efficient hard work you have done on Chris’s behalf. You have informed us of every stage of development as it has happened and we are very grateful for that.

Client

We received sound and clearly explained advice, together with a response that was both sympathetic and professional. We have been kept regularly informed of progress and you have always responded promptly to any queries that we’ve risen in a constructive and helpful manner.

Client

Many thanks for all your support and hard work through a torrid 2 ½ years. We both appreciate it could have ended very differently without your dedication and attention to detail.

Client

I thank you so much for your excellent service and will recommend you strongly to anyone needing help.

Client

Overall a very good and responsive service - I wasn't anticipating this. The process of claiming under this area of law is more complicated than I thought it would be but it was translated very efficiently to me.

Client

You have helped make a difficult situation bearable.

Client

Jenny was very good at thinking of all the options and sought good experts in supporting my case; I was pleased with the outcome

Client

I would like to express my extreme gratitude to you for all your hard work.  

Client

Any time I needed to ask a question or needed any explanation about the case, James Cahan was there at the end of the phone. He answers his own phone so I felt as though I was getting a very personal service. I was never made to feel uncomfortable or a nuisance as I had felt with an earlier solicitor. Communication was excellent throughout, using emails, telephone and letters.  

Client

My case was earlier rejected by another firm of solicitors yet Mr Cahan could see that there was a case to answer. With the expert medical witnesses which he sourced, good communication and sound advice, I felt very confident in his hands that we would get a successful outcome.

Client

Very nice people. Really made the case a lot easier to understand; they were always there to help.

Client

James Cahan's approach was exemplary, he was both approachable and understanding at all times.  

Client

As mentioned, I was very impressed at the start! As the case grew and went on, I felt completely safe, and trusted Jonathan to act in my best interests, though everything was always run by me before going ahead with anything, without the experience and knowledge.

Client

They worked as hard as possible to get me a result that I did not think I would end up with. The communication with my lawyer and his staff was excellent, and I felt at ease discussing such private matters with my lawyer, which is a rarity for me as I am a very private person.

Client

My lawyer was very friendly and easy to talk to, and I always felt he was working his hardest on my case.

Client

Oliver was very helpful and friendly, and settled the case within a short space of time.

Client

Kept me up to date with all stages of the claim. Fees were good, and Oliver was a very helpful and friendly.

Client

I would like to thank Jenny and her team for all their hard work and efforts during what has been a very traumatic 3 years.  Throughout this period, Jenny has been on hand with reassurance and advice.  At the same time, she assembled an excellent team of experts, which enabled me to reach a successful conclusion.

Client

I cannot thank Jenny and her team enough and I wouldn't hesitate to recommend TS&P, Debbie, Jenny and Patricia highly enough. Many thanks again for your professional conduct throughout.

Client

I am so grateful to TS&P for all their work and help with my mother's case; it was a very complicated and time-consuming case.

Client

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