How to Claim for a Delay in the Diagnosis of Cancer

Consequences of Late Cancer Diagnosis

In most cases, the earlier cancer can be combatted, the better the prognosis is likely to be. A delay in diagnosis may mean:

• The cancer is diagnosed when it is at a more advanced stage;
• The cancer has spread to other parts of the body;
• More aggressive treatment is required by way of surgery, chemotherapy or radiotherapy;
• Treatment may leave life changing injuries;
• There is an increased likelihood of the cancer returning;
• There is an increased likelihood of the cancer spreading;
• An impact on life expectancy.

What Can You Claim For?

If our Medical Negligence Solicitors can prove that the delay in diagnosis was a breach of duty of care and this has caused additional injury, then you may be entitled to compensation.

You can make a claim against both the NHS and private healthcare providers.

It’s possible to claim compensation for the additional treatment you needed, and any avoidable injuries or conditions you suffered as a result of the delay in diagnosis. This may include compensation for:

• Additional pain and suffering;
• Psychological harm;
• Any financial losses incurred, such as loss of earnings or travel expenses;
• Additional care and assistance you needed;
• Any ongoing financial losses, including a future loss of earnings;
• Future treatment on a private basis;
• Adaptions you’ve made, or need to make to your home.

How to Prove a Delayed Diagnosis Case

In order to make a successful medical negligence claim, it must be established that your care was below the standard expected of a doctor or medical professional. It must be able to be proven that your advanced cancer symptoms were the result of medical negligence. If these failures were avoided, they would have led to an earlier diagnosis.

There may be cases where despite symptoms of cancer, the care provided was entirely reasonable, particularly in rare types of cancer that can appear to be other conditions.

To be successful in a claim, it must be proven that the delay caused an injury or condition which would otherwise have been avoided. The period of delay is important. In some cases, a very short delay may have made no difference to the diagnosis, treatment or outcome. In others, the consequences can be devastating.

When making a claim for a delay in diagnosis of cancer, it’s important for your Medical Negligence Solicitor to consider what your diagnosis, treatment and outcome would have been with correct, timely diagnosis. They compare this to the reality of your diagnosis, treatment and outcome, as a result of the delay. You can claim compensation for the difference between the two scenarios.