How to Make a Medical Negligence Claim for Cancer

Posted on: 5 mins read
Last updated:
Georgina Emsley

Solicitor, Medical Negligence

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The 4th of February is World Cancer Day, where a global effort is made to raise awareness of cancer and encourage prevention, early detection and treatment.

World Cancer Day highlights some devastating facts.

For instance, 10 million people across the world die from cancer each year - which is more than those who die from HIV/AIDS, malaria and tuberculosis put together. Significantly, figures show that more than one third of cancer cases can be prevented whilst in a of other cases, cancer could have been cured with early detection and appropriate treatment in a timely manner.

Figures from Cancer Research UK show that the percentage of preventable cancer cases is high at 38%. Hence why medical negligence claims arising out of late diagnosis of cancer cases are common.

It is important to diagnose cancer early before it spreads. When this doesn’t happen it can be a case of medical negligence. Whether the negligence arises due to failure to recognise symptoms or appointments are cancelled for example, sometimes cancer is not detected early enough.

These situations can be difficult but remember if you or a family member have been a victim of medical negligence, you can claim compensation. This doesn’t have to be a tough or complex process with the right information, support and knowledge behind you.

For free legal advice get in touch with our Medical Negligence Solicitors.

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Get in touch today!

To find out more about how we can help following a delay in the diagnosis of cancer, get in touch with our Medical Negligence team.

Medical Negligence Cancer Claims

So, what can you do if you feel your medical care did not meet the required standards, and your long-term health was affected as a result?

Medical Negligence claims which result from late diagnosis of cancer are highly specialised and need to be dealt with in a compassionate manner. Our friendly and approachable team of Medical Negligence Solicitors are trained to deal with these difficult and sensitive topics. We know that these situations can be difficult. To help you work through this we can signpost you to different organisations specialised in dealing with these cases such as support groups, therapy and written or visual resources.

We can help you work through the legal process, providing open and transparent advice at all times and giving you updates on the progress of your claim. We want to remove as much of the stress as possible from this legal process.

Failure to provide adequate or appropriate treatment can sometimes worsen what is already a very serious condition. So if the cancer treatment or diagnosis fell below accepted medical practice, then you may be entitled to receive compensation which can help you cope with the consequences and provide for your family in the absence of being able to work.

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How We Can Help You

If you wish to make a claim for compensation, we have an approachable and dedicated team of Medical Negligence Solicitors and Lawyers to advise you.

We can advise you on all aspects of cancer misdiagnosis including:

  • Booking and triage errors
  • Improper history taking and premature discharge from treatment
  • Failures to refer to more specialist doctors
  • Sub-standard physical examinations
  • Misread scans and test results
  • Failures to follow cancer treatment and diagnostic guidelines
  • Sub-standard or incomplete surgery
  • Failures to properly advise on treatment options

Should we accept instructions for your case, we can arrange funding, assess your likely prospects of success, pursue the Defendant (other side) arrange your medical appointments, negotiate on your behalf and if necessary, represent you in Court.

Making allegations of negligence against your treating practitioners might feel difficult and daunting  but with our legal team behind you this should not be a worry. We can guide you through the process and represent you throughout your case.

We want access to justice to be available for anyone who has been victim of clinical negligence – whether it was you or your loved one, we can help you get the result you deserve.

You will get regular updates by letter, telephone, text and/or or e-mail.

What to Expect

Our Medical Negligence Solicitors will advise on all aspects of your case. Unlike some other types of claims, the negligence may not be identified for many months after provision of treatment.

We will take you through the whole process. We will advise you regarding the evidence you may need, the forms you will be required to sign and what we must establish by way of breach of duty (negligence) and causation (how the negligent treatment put you in a worse position than you would have otherwise been in, but for the negligence) We can help you build a strong case.

Applying the law correctly is not straightforward and there are strict legal tests to be met in order to be successful.

What Will It Cost Me?

Most people can use existing insurance cover to pay for their legal costs. If you don’t have any, we may be able to offer you a No Win, No Fee agreement, so ask us for details.

Our Medical Negligence Solicitors have lots of experience of helping people obtain compensation for clinical  negligence. To get expert advice about making a medical negligence claim for in respect of cancer, please contact us and we will be happy to help you.

We want this area of the law to be as accessible as possible. The law should be easy to understand and we are here to provide you with legal advice and information in a transparent and honest way so you understand what is going on at all times, and what your options are.

Accessibility includes making sure that medical negligence claims are financially accessible to everyone. No one should have to deal with the consequences of medical negligence and it can be even worse if you believe you may be entitled to claim compensation but don’t have the funds to investigate the matter.

It is important that you know there are several routes you can proceed with to make sure that you can afford legal advice and representation. Whether you choose to use an existing policy of insurance, if you sign up to a No Win, No Fee retainer with us (where you pay a % to your Solicitor out of your damages if your claim is successful) or if you want us to put a policy of After The Event Insurance in place, there is usually always a way you will be able to afford the legal advice you need in order to claim compensation for medical negligence.

Get in Touch

If you or a family member have suffered medical negligence that has led to cancer worsening, get in touch with our team of Medical Negligence Solicitors today. We can help you claim compensation, so that you are able to get the result you need to help you cope with the consequences of this medical negligence.

References:

Georgina Emsley

Solicitor, Medical Negligence

Areas of Expertise:
Medical Negligence

Georgina is a Solicitor who works in our Medical Negligence team here at Simpson Millar, based in our Manchester office.

She is a committed and highly reliable Solicitor with a track record of supporting clients through the process of making a claim to achieve the best outcome for them. Georgina has experience working on many high-value cases with a range of circumstances and complexities from start to finish, where she reviews medical records, liaises with experts and gathers evidence in order to negotiate the best possible settlement for her clients.

Get in touch, today!

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