Cancer Misdiagnosis Compensation Claims Solicitors

A cancer misdiagnosis can have devastating consequences for the patient and their family. If you think you were misdiagnosed, contact our specialist medical negligence solicitors today to find out if you can make a claim for compensation.

What is a cancer misdiagnosis claim?

You can make a claim for a cancer misdiagnosis if your doctor failed to diagnose, misdiagnosed, or delayed the diagnosis, which made your condition worse.

Diagnosing cancer correctly and as soon as possible is what is expected under the legally required duty of care a patient should receive. If you did not receive this standard of care or were given the wrong treatment, you may have a right to claim compensation for your cancer misdiagnosis.

The compensation amount you may receive will depend on how severely the misdiagnosis has affected your life.

Speak with our experienced no win no fee medical negligence solicitors to find out your legal rights to claim compensation for a cancer misdiagnosis.

We will advise you of your legal rights, how much compensation you may be entitled to claim, and how long the process may take.

When can I claim compensation for a cancer misdiagnosis?

In most cases, you will have up to three years from the date your cancer was misdiagnosed, or the date you became aware of the misdiagnosis.

Your legal rights to claim compensation for a cancer misdiagnosis are the same whether you received your treatment from the NHS or a private healthcare provider.

Our medical negligence solicitors have extensive experience in cancer misdiagnosis and late diagnosis of cancer, securing millions of pounds in compensation for our clients over the years.

With a dedicated focus on non-confrontational dispute resolution, we aim to reach a settlement without the need for you to go to court. This makes the claims process easier for you and means we can resolve your claim faster and at a lower expense.

What types of cancer misdiagnosis can I claim compensation for?

You may be able to claim compensation when your cancer may have been misdiagnosed in the following circumstances.

Missed cancer diagnosis

When your condition and symptoms are completely missed and went undiagnosed by the healthcare professional. This can occur if a doctor misinterprets your test results.

Delayed cancer diagnosis

When your condition should have been diagnosed earlier, and the delay in diagnosis has resulted in your condition worsening.

Incorrect cancer diagnosis or incorrect treatment

When the healthcare provider makes the wrong diagnosis or diagnoses another illness as cancer or vice versa. A wrong diagnosis can be crucial as the patient may receive incorrect treatment or have to wait to receive the correct treatment, which could worsen the condition.

Medical professionals can sometimes mistakenly diagnose another illness as cancer. Crucially, a wrong diagnosis may delay treatment of another serious condition, which could worsen as a result.

Additionally, we have represented clients whose condition has worsened because their medical files have been lost or misplaced, delaying their treatment.

Our specialist medical negligence solicitors have extensive experience successfully representing cancer patients who have had their symptoms missed, incorrectly diagnosed, or had a delayed diagnosis.

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

How much compensation can I get for a cancer misdiagnosis claim?

The amount of compensation you may be able to receive for a cancer misdiagnosis claim will depend on the type of cancer, the severity of your illness, the impact it has on your life, and the financial losses it may have caused.

In the majority of claims, compensation amounts will be higher the more severe your illness may be and the longer it may take for you to recover.

Compensation amounts for a cancer misdiagnosis will depend on several factors, including:

The level of illness you have suffered
The level of pain and suffering you have experienced and may continue to experience
Your medical costs to date, the cost of ongoing medical treatment, and the care you may need
Your loss of earnings, including future earnings
The unique circumstances of your case.

The intention of awarding financial compensation for cancer misdiagnosis is to put the claimant back in the position they would have been in had the misdiagnosis never occurred.

Our experienced medical negligence claim solicitors will be able to advise you more clearly on what your claim might be worth during an initial consultation about your claim.

Our specialist cancer misdiagnosis solicitors recognise that no amount of money can make up for what you may have suffered, so we take the utmost care and consideration into ensuring you receive the maximum amount of compensation you are legally entitled to.

What is the average amount of compensation for a cancer misdiagnosis claim?

As each cancer misdiagnosis claim is different, there is no average amount of compensation.

Previous clients of ours have received substantial amounts to compensate them for cancer misdiagnosis.

Mrs Y received £800,000 following the death of her husband as a result of a delay in diagnosing his throat cancer. Mr P received over £1 million for a delay in diagnosis of malignant melanoma

How is compensation calculated for a cancer misdiagnosis claim?

When valuing a medical misdiagnosis claim, our solicitors will look at factors such as how seriously your health has been affected, pain and suffering, financial losses, and potential future costs to manage your condition.

Compensation amounts for cancer misdiagnosis claims are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages are awarded in relation to the level of pain, suffering and loss of amenity, sometimes known as PLSA. Compensation amounts awarded will consider how your illness may affect your daily activities, including socially, domestically and at work.

In contrast, special damages are awarded for any reasonable financial losses or "out-of-pocket" expenses directly related to your illness.

Compensation for special damages is particularly significant for those with more severe conditions, as they may need extended medical assistance, specialist equipment and adaptations to their home.

Claims for special damages could include, but may not be limited to:

Any loss of income or pension
Any costs associated with your rehabilitation or ongoing medical treatment
Any costs related to adaptations you may need to make to your home
Any costs for the care you may have or will need to receive, even if a family member or friend provides this
Any out-of-pocket expenses you or anyone who has cared for you may have incurred

What is the time limit to claim compensation for a cancer misdiagnosis?

The time limit to start a cancer misdiagnosis claim is three years from the date the misdiagnosis occurred or when you became aware that the misdiagnosis has caused your medical condition.

However, there are some exceptions to the three-year limit to start your claim. These include:

Children have up to three years from the date of their 18th birthday to start a claim.
If, very sadly, the cancer misdiagnosis has led to a family member passing away, the three-year time limit starts from the day they passed or from when you are aware of the negligence, whichever is later
If a person cannot claim due to limited mental capacity, the three-year time limit does not apply and may only start if their condition improves to a point where they can claim for themselves.

We recommend that you start your claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case.

Can I make a no win no fee cancer misdiagnosis claim?

Yes, you can make a no win no fee claim for a cancer misdiagnosis. Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

What do I need to prove for a cancer misdiagnosis claim?

To make a cancer misdiagnosis claim, you will need to be able to prove two things: breach of duty and causation.

A breach of duty occurs when your medical care has fallen below the reasonable standard of care expected, while causation is proof that your health has directly suffered as a result.

You will need to provide evidence to show that the care you received caused you to experience unnecessary suffering, pain, or injury.

Some examples of things that could be considered negligent or below the reasonable expected level of care include:

Failure to examine the patient correctly or fully
Failure to refer the patient to a specialist
Failure to refer the patient to the correct specialist
Failure to listen or understand the patient's symptoms correctly or fully
Failure to acknowledge the patient's complete medical history
Performing the wrong tests
Misinterpreting test or scan results
Failing to take into account your medical history
Giving you the wrong or unsuitable medication
Losing or misplacing your files.

What information do I need to start a cancer misdiagnosis claim?

While discussing your claim with our specialist solicitors, we will ask for information you can provide to support your case.

Don't worry if you don't have all of this information. Our experienced solicitors can collect this information on your behalf, and we will guide you through the entire claims process from start to finish.

Such information may include, but isn't limited to:

Your medical records

We will build a comprehensive file including all records of treatment you received, including, where applicable, x-rays and scans. Such documents are vital in proving negligence.

A statement from yourself

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact the care you received has had. We then combine this with reports from specialist independent medical experts.

How long does a cancer misdiagnosis claim take?

Cancer misdiagnosis claims can be highly complex and typically may take up to 18 months or more to settle. While there is no defined time frame for such cases, it is usual that more complex claims will take longer due to the additional factors involved.

When you speak with our specialist medical negligence solicitors, we can advise you on how long your claim may take and what the process of making a claim will involve. Don't worry; we will take care of everything for you every step of the way.

The claim process involves the following steps.

Building your case
Submitting your claim to the defendant
Awaiting the defendant's response
Discussion, agreement on liability
Agreement on valuation of claim
Receipt of compensation.

Can I make a cancer misdiagnosis claim on behalf of someone else?

Yes, you can claim on behalf of someone else. This usually is possible in three instances:

Claiming on behalf of a child - Children cannot legally claim themselves until they reach 18. Commonly known as a "litigation friend," a parent or legal guardian can claim on their behalf. As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.

Claiming on behalf of someone with diminished mental capacity. - If the person who has been a victim of medical negligence may not have the mental capacity to claim themselves, a legally designated person may be able to claim on their behalf.

Claiming on behalf of someone who has died - In the extremely unfortunate circumstance where a loved one has passed, you are able to claim on behalf of their estate and on behalf of anyone who was dependent on them

Can I sue the NHS for a missed cancer diagnosis?

Yes, you have a legal right to sue the NHS or any healthcare provider if you believe your care was below the reasonable level of care expected and affected your condition negatively.

Examples of when your doctor's negligence led to your condition worsening include:

Your doctor didn't recognise your symptoms effectively
Your doctor misread or reached an incorrect prognosis of your test results
Your doctor gave you the incorrect treatment or medication
Your doctor delayed your diagnosis, making your condition worse
Your doctor had incorrect medical records
Your doctors mismanaged your cancer diagnosis or treatment.

Why choose Wolferstans to make your cancer misdiagnosis claim?

Our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

With a proven track record of successful claims, often achieved without needing you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.

Start a cancer misdiagnosis 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.

More information on claiming for medical negligence with Wolferstans

What to expect during your free consultation
List of all medical negligene claims we can help you claim for
How to make a medical negligence claim
Funding options for medical negligence claims
More information on claiming on behalf of someone else
See how we've helped others in your position
Our accreditations
Helpful leaflets to download