Cancer Misdiagnosis and Late Diagnosis
Misdiagnosis or delayed cancer diagnosis can have a huge impact on a patient’s life expectancy and quality of life and can be very distressing for both patients and families. Our award-winning experts understand how difficult it is knowing that there has been a delay in reaching this diagnosis and how worrying it is for you and your family.
Ensuring that your claim is handled in the correct way can be complicated, so it’s essential to have the right legal advice from the outset. We strive to reach a settlement without the need for you to go to court, meaning we can typically resolve your claim faster and at lower cost to you.
Why Wolferstans
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No Win, No Fee
No Win, No Fee
We have various funding options available which means you will not usually have to use any of your own money to start a claim.
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Award Winning Experts
Award Winning Experts
We are a team of highly accredited specialists who have been recognised in various prestigious awards for our commitment to our clients.
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High Success Rates
High Success Rates
We have secured substantial settlements for our clients over the years and place a focus on settling claims without the need for a court hearing.
What Happens Next?
We understand that you or your loved one may have experienced a life changing event and may be feeling let down by trusted professionals. We are here to rebuild your trust from the outset. The process will begin with a dedicated Client Services Coordinator who will provide you with an expert initial assessment service by whichever means you feel most comfortable with.
From here, our specialist screening panel will discuss the details of your claim and provide an honest assessment of whether your claim justifies further investigation.
The thoroughness of our initial steps results in good prospects of success. We will keep you well-informed from the outset and ensure you are allocated to the legal professional most qualified to bring you a successful claim.
Common questions about cancer misdiagnosis and late diagnosis claims
There is a 3-year time limit for bringing a claim for misdiagnosis or late diagnosis of cancer, however, it is important to note that this time limit will usually be counted from when the diagnostic error was discovered, rather than when it actually occurred.
If the diagnostic negligence was in relation to a patient who was a child at the time, their parents will have until the child turns 18 to bring a claim. After this, the child will have a further 3 years to bring a claim on their own behalf i.e. until their 21st birthday.
If the person affected by the negligence has been left unable to bring a claim on their own behalf e.g. due to brain damage following missed diagnosis of a brain tumour, there is no time limit for their next of kin to bring a claim.
If the claim is for a loved one who died as a result of late diagnosis or misdiagnosis of cancer, the 3-year time limit will again usually apply from when the diagnostic error was identified. However, if your loved one dies within this 3 year period, the personal representatives of his or her estate usually have a further 3 year period calculated from the date of death to bring a claim.
The level of compensation you can claim will depend on the severity of the injuries suffered as a result of the missed or late diagnosis of cancer and the impact on the affected person’s long-term health and quality of life.
You can normally claim both general damages and special damages, depending on the circumstances.
General damages – For non-financial losses e.g. compensation for pain and suffering and changes to your lifestyle, as well as future financial losses likely to be incurred due to the injuries sustained.
Special damages – For specific financial losses already incurred up to the date of settlement e.g. treatment costs, buying special equipment and loss of earnings as a result of having to give up work.
If a loved one has died as a result of their cancer being misdiagnosed or diagnosed too late, you may be able to bring a claim on behalf of their estate and on behalf of their dependants, as well as carrying on any medical negligence claim started by the deceased before they passed away.
Free consultation – find out if you have a claim
To arrange your free initial assessment and find out if you have a claim, contact us today on 01752 292204, fill out the form for a call back at a time convenient to you, or email us.