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Legal News

Cancer Misdiagnosis Q&A (25 August 2020)

Date: 25/08/2020
Duncan Lewis, Legal News Solicitors, Cancer Misdiagnosis Q&A

Which types of cancer claims can you help with?

Our clinical negligence lawyers have experience in handling claims relating to the misdiagnosis of various types of cancer including, but not limited to, the following:

  • Breast cancer

  • Bowel cancer

  • Cervical cancer

  • Lung cancer

  • Ovarian cancer

  • Pancreatic cancer

  • Prostate cancer

  • Skin cancer

  • Testicular cancer

Whilst there are various types of cancer misdiagnosis that our clinical negligence lawyers can help with, the majority of cases they deal with fall under the following types:

  • Undiagnosed - when a doctor or medical professional fails to spot the cancer. This may be because they failed to carry out an adequate examination, refer you for relevant tests, interpret test results correctly or conduct the necessary scans or biopsies.

  • Incorrect - when you receive treatment for the wrong illness after a doctor or medical professional misreads the signs of cancer i.e. you are provided with incorrect/unnecessary treatment.

We advise you to contact our clinical negligence lawyers if you have been misdiagnosed with any type of cancer and have suffered as a result.

Can I make a claim for someone else?

If you have lost a loved one due to a misdiagnosis of cancer, you may be able to pursue a claim and recover compensation on their behalf. You may be able to claim if you are the spouse or child of the victim. If you are the parent or guardian of a child (under 18) who is a victim, you may be able to make a claim on their behalf as their Litigation Friend.

How will I prove my cancer was misdiagnosed/treated negligently?

A misdiagnosis of cancer can result from negligent treatment. In order to prove that your cancer was misdiagnosed you must be able to show that the misdiagnosis has caused you harm and could have ultimately been avoided had you not been provided with substandard medical treatment.

How can Duncan Lewis Solicitors help?

Duncan Lewis Solicitors is one of the UK’s leading law firms and our clinical negligence lawyers are skilled and experienced to deal with cancer misdiagnosis claims. We can advise both NHS patients and private clients who have suffered injury as a result of a cancer misdiagnosis on how to make a compensation claim.

What are the time restrictions involved?

Patients who have suffered injury because of a misdiagnosis of cancer have three years from the date of diagnosis of their cancer – or from the date they realised their cancer had been misdiagnosed – in which to make a claim for compensation.
Where a child has suffered as a result of a misdiagnosis of cancer, they have three years from the date of their 18th birthday in which to make a claim for compensation.

If a loved one has died as a result of a cancer misdiagnosis, the three year time limit commences from the date of their death.

Due to the time restrictions involved in making such claims, we would strongly advise you to get in touch as soon as you suspect you may have a claim arising from a cancer misdiagnosis so that our clinical negligence lawyers can discuss and assess your claim promptly.

How much could I claim?

Ultimately, each cancer misdiagnosis case is unique and the amount of compensation awarded will vary depending on the case at hand and on various factors including:

  • The severity of the consequences from the misdiagnosis i.e. the impact of the misdiagnosis

  • The length of time the cancer went undiagnosed and the implications of this on the overall prognosis

  • The financial losses suffered due to the misdiagnosis including any loss of earnings

Our experienced clinical negligence lawyers will be able to assess the value of your claim once they have gathered detailed evidence including expert evidence and once they have a full understanding the impact of the misdiagnosis.

What are the costs involved?

The vast majority of our cases are funded by way of a Conditional Fee Agreement which is commonly referred to as a No Win No Fee agreement. Under this arrangement, you will only have to pay anything when your claim is successful and, any sums that you do have to pay, will be deducted from your compensation at the end of your claim. If your claim is unsuccessful, then there will be no charges to you whatsoever. Therefore, essentially there is no financial risk to you in pursuing a claim.

We will also obtain insurance on your behalf to provide you with legal protection throughout the course of your claim. If your case is successful, part of the insurance premium is payable by you and will be deducted from your compensation and part of the premium is recoverable from your opponent. If your claim is unsuccessful, the insurance policy is cancelled. Ultimately, your opponent will pay most of our fees.

As well as a Conditional Fee Agreement, there may be other funding options available to you and our clinical negligence lawyers will discuss this with you in detail at the outset of your claim.

For a free initial consultation about making a clinical negligence claim and the costs involved, contact us today on 033 3772 0409

Author Varisha Gorasia is a Chartered Legal Executive in the Clinical Negligence department at Duncan Lewis, working under the supervision of director Rebecca Thomas.

Contact Varisha on 02031141189 or at varishag@duncanlewis.com

Contact Rebecca on 02031141309 or at rebeccat@duncanlewis.com

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