Nobody wants to receive a cancer diagnosis. But early detection and treatment is vital. If your diagnosis was delayed, you could have a cancer negligence claim.
According to Cancer Research, the survival rate for cancer has doubled in the last 40 years – half of people diagnosed will now live for another 10 years or more. But for treatment to be fully effective, early diagnosis is essential.
If your condition has worsened as a result of an incorrect or delayed diagnosis, or you were misdiagnosed with cancer, you could have a cancer negligence claim.
We know that the prospect of starting a cancer claim can feel intimidating. But you could be entitled to support and compensation for the negligence you’ve suffered.
It may be that you’ve had to undergo more intrusive treatment such as chemotherapy or radiotherapy as a result of a delayed or incorrect diagnosis. This could mean taking additional time off work as well as being unable to spend as much time with your loved ones.
Any compensation you receive will take into account both the emotional and financial suffering caused by the negligence you experienced. And your solicitor will make sure that the settlement you’re offered fully reflects what you’ve been through.
If you’re not sure whether you have a cancer negligence claim, get in touch with our knowledgeable claims team. They’ll ask you a few straightforward questions about your case and let you know if you have a strong claim.
In these types of claims, evidence can make or break a case. Your solicitor will need to prove that your doctor acted negligently and that this directly caused your health to deteriorate.
Examples of negligence that could lead to a claim include:
There are guidelines in place for medical professionals to follow when it comes to diagnosing and referring patients with suspected cancer. These are set by the National Institute for Health and Care Excellence (NICE). If your doctor did not act in line with the guidelines, they could be held responsible if your condition worsened as a result.
To demonstrate that your doctor acted negligently, your solicitor will gather evidence including:
Our medical negligence solicitors are experts in cancer misdiagnosis and delayed diagnosis claims. They will work on your behalf to get you the outcome you deserve. So you don’t have to worry about going through the process alone.
If you were treated by the NHS, your solicitor may also be able to help you make an official letter of complaint. Many people find this reassuring as it can help to ensure that the same mistakes aren’t repeated.
We offer a No Win No Fee service for these types of claims, which means you won’t have to worry about paying us anything upfront and there will be nothing to pay if your claim is unsuccessful.
Only pay a fee if you receive compensation
Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accident claims.
First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.
It’s understandable that you might have concerns about how your claim could affect the NHS. We’re all too aware of the pressures that the organisation is under. But this doesn’t mean that you’re any less entitled to compensation.
In 2021/22, 16,484 claims were resolved through NHS Resolution – an independent body which acts as insurance provider for the NHS. If your claim is successful, your compensation will be paid by NHS Resolution on behalf of the trust involved.
So you don’t need to worry that your compensation payout will affect the hospital or staff where you were treated. The NHS is prepared for claims like yours and money is put aside each year for this purpose.
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Having a loved one pass away is always painful. But it can be even more so if their death could have been prevented. If a member of your family died due to negligence, you could make a claim for compensation after their death.
This can help to pay for funeral costs as well as providing additional financial security, especially if the person who died was the primary earner in your household.
It’s also possible to make a claim on behalf of a child under 18 or any individual who is lacking the mental capacity to take legal action. In these cases, you’ll become what’s known as a ‘litigation friend’.
Usually there will be a three-year time limit for making a cancer negligence claim. This could be three years from the date the negligence took place or from when you first became aware of it.
There are times where the limits will vary, but we would always recommend seeking legal advice as soon as you’re able to. This will ensure that you’re able to remember the details of what happened and make it easier for your solicitor to access important evidence.
Every case of negligence is unique. So it’s difficult to say exactly how much your claim could be worth without speaking to you first. But most compensation payouts will be split into general and special damages.
General damages will consider the pain and suffering caused by the negligence you experienced. But this won’t be restricted to the physical impact. It could also include the psychological turmoil you’ve been through.
Special damages go one step further by considering any financial losses related to your treatment. This could cover lost earnings if you’ve had to take time off work, or the cost of travel to and from medical appointments.
For a rough estimate of how much compensation you could receive, try our free compensation calculator.
If you think you have a cancer negligence claim, the first thing to do is to share your concerns with a medical professional. We understand you might be hesitant to trust another doctor after your experience. But it’s important to make sure that you’re now receiving the right care.
After this, you could consider taking legal action. Our claims advisors are trained to answer any questions you may have about the claims process. We’ll speak to you about what happened and let you know if you’re likely to have a strong case.
If we think you could have a claim for compensation, we’ll ask if you’d like to be put in touch with one of our experienced solicitors. This decision will be completely up to you, and we’ll never pressure you either way.
When you’re ready to get in touch, you can reach us on the number at the top of the screen or by requesting a callback. And if you’d prefer to contact us online, we also have a quick and easy claims form.
We’ve supported thousands of people in situations similar to yours, and we could help you too.
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