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Cancer Misdiagnosis and Late Diagnosis Claims

Misdiagnosis and late diagnosis of cancer can have devastating consequences, including prolonging a patient’s illness, requiring more serious medical interventions and even sadly resulting in the death of the patient.

If a misdiagnosis or late diagnosis of cancer was due to errors made by doctors and other clinical professionals, you may be entitled to claim compensation. Knowing when you are likely to have grounds for a claim and ensuring your claim is handled in the right way can be complicated, so it is essential to have the right legal advice and support from the outset.

Wolferstans medical negligence solicitors have extensive experience in claims related to misdiagnosis and late diagnosis of cancer. We have secured millions of pounds in compensation for our clients over the years and have the knowledge and specialist skills you need to ensure your claim has the best possible chance of success.

With a strong focus on non-confrontational dispute resolution, we are usually able to reach a settlement without the need for you to go to court. Not only does this make the claims process easier for you, it also means we can usually resolve your claim faster and at lower expense.

We offer a free initial no obligation consultation during which we will be able to tell you if you, your child or loved one has a claim worth pursuing.

To arrange your consultation please contact the new client team on 01752 292204

Our cancer misdiagnosis and late diagnosis claims service

We work with clients throughout England and Wales on a wide range of cancer misdiagnosis and late diagnosis claims, including those related to:

  • Bladder cancer
  • Bone cancer
  • Bowel cancer
  • Brain tumours
  • Breast cancer
  • Cervical cancer
  • Leukaemia
  • Liver cancer
  • Lung cancer
  • Melanoma (skin cancer)
  • Ovarian cancer
  • Pancreatic cancer
  • Penile cancer
  • Prostate cancer
  • Spinal tumours
  • Testicular cancer
  • Thyroid cancer

Read some of the cases we have successfully pursued in relation to late or incorrect diagnosis of cancer.

How cancer misdiagnosis and late diagnosis claims work

Our expert clinical negligence lawyers will guide you through the entire claims process from start to finish, including:

  • Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
  • Contacting the relevant healthcare provider with the details of your claim.
  • Ensuring the defendant responds to your claim in a timely fashion.
  • Assessing the defendant’s response and advising you of your options.
  • Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or arbitration, to secure a suitable settlement.
  • Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.

Find out more about the process of making a clinical negligence claim.

Funding a cancer misdiagnosis or late diagnosis compensation claim

We offer a number of funding options to ensure anyone with grounds from a medical negligence claim has the option of pursuing it.

We represent most of our clients on a no win, no fee basis, also known as a ‘conditional fee agreement’. This means you do not have to contribute towards any legal fees or expenses when starting a claim and will only need to contribute to your legal costs if we secure a settlement for you. If we are able to win compensation for you, the fees you pay will be calculated according to a pre-agreed percentage of the compensation, meaning you will always be able to get the maximum benefit from a successful claim.

Some clients also fund their claims using legal expenses insurance, which is commonly offered as an optional extra with home insurance, as well as with some bank accounts and credit cards. This option may therefore be worth considering if you have the relevant type of cover.

However, the important thing is not to be put off by worries about funding your claim. If we believe you have a claim we will advise you and find a suitable method of funding to enable you to pursue the claim.

We will be happy to discuss your funding options when your first contact us so you can have complete confidence about how to proceed.

Find out more about funding a medical negligence claim.

Our expertise in cancer misdiagnosis and late diagnosis claims

Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.

Various members of our medical negligence team are also on the Law Society and AvMA (Action Against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL as Clinical Negligence Specialists and Brain Injury Specialists.

Find out more about our medical negligence claims team.

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.

Further information about cancer negligence claims

For more information about all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Start a cancer misdiagnosis or late diagnosis claim with us today

To arrange a free initial no obligation consultation and find out more about starting a cancer negligence compensation claim:

To arrange your consultation please contact the new client team on 01752 292204.