Macmillan estimates that there are more than 3 million people living with cancer in the UK and that figure is rising all the time. Finding out that you or a loved one has cancer can be a shock. There is no right or wrong way to feel and you may have lots of questions. Those questions could include concerns about how long the cancer has been present and if it could have been diagnosed sooner.

Regrettably, there are instances where a cancer diagnosis could have been established earlier, resulting in a delayed diagnosis. Alternatively, there may be situations where healthcare professionals have misinterpreted your symptoms as indicative of a different disease, or overlooked the signs and symptoms altogether, leading to a misdiagnosis.

What is a delayed cancer diagnosis?

A delayed diagnosis of cancer occurs when there has been:

  • A failure to identify potential signs, symptoms and warning signs
  • A failure to make a referral for testing when symptoms arise, or
  • A failure to interpret scans or biopsy samples correctly or
  • Cancer surveillance and screening programme failures.

Sometimes, the period of delay is so long that the disease spreads and the outlook for the patient becomes very poor. In other cases, it can result in the need for more complicated treatment such as more extensive surgery and additional chemotherapy and/or radiotherapy.

What is a cancer misdiagnosis?

Cancer misdiagnosis happens when a medical professional misinterprets the signs and symptoms of cancer as relating to another illness or they miss the signs and symptoms all together.

Some examples of misdiagnosed cancers include:

  • Breast cancer: Can be misdiagnosed as menopause, mastitis, non-malignant cysts or fibrocystic breast disease.
  • Cervical cancer: Symptoms can be confused with conditions such as endometriosis and fibroids.
  • Ovarian cancer: Can be mistaken for menopause or ovarian cysts.
  • Lung cancer: Can be mistaken for respiratory conditions.
  • Pancreatic cancer: Can be attributed to other gastrointestinal issues.

Similar to a delayed diagnosis of cancer, a misdiagnosis can lead to delayed treatment, where the cancer may have spread or advanced, making it more difficult to treat.

If you have been affected by a delayed or misdiagnosis of cancer you may be entitled to make a claim for medical negligence.

What if my loved one has died?

When someone dies as a result of medical negligence, the administrator or executor of the Estate is able to claim compensation for the deceased’s pain and suffering. You will require proof that you have a right to bring a claim on behalf of the Estate, such as Grant of Probate if someone dies with a Will in place, or Letters of Administration if someone dies without leaving a Will.

What can I claim for?

Every claim for compensation is different due to the individual nature of each case. Compensation can be made up of the following;

  1. Pain, Suffering & Loss of Amenity, (PSLA) – This is a claim for the injuries suffered and is calculated by reference to the nature and severity of the injury.
  2. Past Losses & Future Losses – This is made up of items such as care and assistance, travel costs, loss of earnings and pension and out of pocket expenses for items such as treatment, aids, equipment and adaptions to your home or car.

A claim for compensation for the death of a loved one is usually made up of a number of elements which reflect the suffering of the person who has died, and the impact their loss has had on their family. This could include:

  1. PSLA of the deceased before their death, brought on behalf of the Estate
  2. Bereavement damages (a fixed sum of money only to be claimed by a small group of people after a member of their family has died as a result of negligence)
  3. The loss of love and affection of a family member
  4. The loss of financial or services dependency
  5. Any other financial losses

These are not comprehensive lists, and each case will be assessed based on the individual facts.

How can Ison Harrison help?

Any serious illness can be life-changing and a delayed or missed diagnosis of cancer is no different. While finances may not be your first thought it is important that where medical negligence has caused injury you and your family are appropriately compensated.

Our team of specialist medical negligence solicitors can help you secure the compensation that you deserve, so get in touch today.

We will talk with you in a free, initial consultation and if we think there is sufficient evidence and grounds to prove liability, we will take on your case on a no-win-no-fee basis, meaning you have no financial risk in choosing Ison Harrison.

Call us on 0113 284 5000 or email us at clinneg@isonharrison.co.uk and we can start the process of investigating the treatment you have received and understanding what has gone wrong.

Resources

Ison Harrison Wills & Probate Team are on hand to assist you with any questions you have.

Macmillan Cancer Support are able to provide a wide range of information and support.

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