Macmillan Cancer Support state that according to the most recent available figures, around 360,000 people are diagnosed with cancer in the UK each year. However, what you might not be aware of, is that there are sadly a significant number of cases in which there has been a misdiagnosis of cancer due to medical negligence.
According to the standard NHS guidelines, the usual waiting period to be seen for an urgent suspected cancer referral in England and Wales is 2 weeks but with – on average – one person every 2 minutes in the UK diagnosed with cancer (according to the aforementioned numbers from Macmillan) there are many cases where symptoms are mistaken for other medical problems. This can cause serious complications for the person who has cancer, potentially leading to a delay in treatment that could allow the cancer to develop and spread, making it more difficult to treat and increasing the chances of the cancer becoming terminal.
In addition to the significant health complications that can occur from cancer diagnosis delay or misdiagnosis (including death), patients and their loved ones can be left feeling confused about their legal options and unsure of where to find the right guidance and support. This is where a trusted cancer misdiagnosis solicitor can help, with the legal team at Hampson Hughes able to assist in making a cancer misdiagnosis claim that secures the best possible compensation that reflects any additional pain and/or expense suffered as a result of a cancer misdiagnosis and help you get the support and care that you need.
In order to make a claim for misdiagnosis of cancer, we must be able to demonstrate that the medical professionals you (or your loved one) visited, whether GP, or hospital doctor, missed opportunities to diagnose the cancer earlier or at all, and that those delays or failures led to significant suffering and/or the development of the condition. When investigation or treatment of the illness does not take place to the reasonable standard expected of a medical professional, you should contact a cancer misdiagnosis lawyer to investigate your case further and attempt to secure medical negligence compensation on your behalf.
If a GP has failed to recognise your symptoms, failed to order necessary tests, misreported investigations, or if a cancer specialist has failed to refer you to the correct treatment plan and/or misinterpreted results leading to delay in treatment or lack of follow up, you may have the right to seek compensation.
If a loved one has died, we can help a spouse or child of the person who has unfortunately died to make a claim.
A cancer misdiagnosis claim can be made against medical professionals and/or medical facilities including NHS hospitals, individual surgeons and private medical facilities. In the majority of cases where misdiagnosis of cancer has taken place within the NHS, the NHS Resolution (NHS R) will be in charge of looking after the case. The majority of medical negligence cases against the NHS are settled out of court, so with an expert cancer misdiagnosis solicitor you can be sure that your legal and financial interests are being looked after when negotiating with the NHS R.
Private medical facilities work in a slightly different way, with any medical negligence compensation likely to be funded through their attached insurance, so it is the insurance companies who will arrange representation for the facilities against such claims. The legal team at Hampson Hughes has significant experience in assisting those who have suffered due to misdiagnosis of cancer against both private and public health facilities.
In most cases of medical negligence claims for compensation, including cancer misdiagnosis claims, there is a time limit in which you must make your claim. This length of time is three years from the date of medical negligence in the form of misdiagnosis or inappropriate or delayed treatment, that has led to increased pain, suffering and loss, or death. There are certain exceptions to the time limit however, which include:
in some cases, the time limit will begin from the date you first became aware of the negligence act/s
when medical negligence results in death, and the three-year period runs from the date of death;
for those who were under the age of 18 when they suffered due to medical negligence – they will have until their 21st birthday but it is possible for a suitable adult to bring the claim of their behalf before they reach 21
those who lack mental capacity – special rules apply
Children have three years to make a claim for cancer misdiagnosis compensation from their 18th birthday. Those who suffered mental incapacity will have three years from the time of any recovery. Additionally, in both of these situations it is possible that a trusted adult may be permitted to make a claim on behalf of the victim. For more information on anything related to time limits for a cancer misdiagnosis compensation claim, please get in touch with our expert legal team.
Suffering medical negligence in the form of misdiagnosis of cancer can be a very difficult time for both the patient and their family. We fully understand this at Hampson Hughes, with our legal team having helped many clients to navigate the compensation claims process. We also appreciate that one of the major concerns for anyone considering a claim is the financial burden of any possible legal costs.
Thankfully, one of our cancer misdiagnosis solicitors will be able to explore the details of your possible claim, including help you to ensure your financial interests are protected. In many cases, this will be to claim for cancer misdiagnosis compensation utilising a CFA (Conditional Fee Agreement ie no win no fee). If we represent a case for medical negligence compensation on your behalf, in the vast majority of cases we can recover legal costs from the defendant.
Alternatively, it may be that you have a relevant insurance policy that can cover your potential legal costs (Legal expenses insurance or LEI) for any cancer misdiagnosis claim. This can also protect you from the risk of substantial legal costs, with one of our cancer misdiagnosis lawyers able to explore the suitability of each of these funding options. For more information on how to discuss your possible claim and its funding options via a free consultation, get in touch with us today.
For those who are seeking legal assistance after the misdiagnosis of cancer, we have an expert legal team here at Hampson Hughes who have the experience and qualification to assist you in making a claim. We will be able to connect you with an experienced cancer misdiagnosis solicitor with the expertise to give you the best possible chance of securing compensation for the cancer misdiagnosis you have suffered in a sensitive and compassionate manner.
It can be a complex process when making cancer misdiagnosis claims, but our legal team is equipped to help our clients throughout, letting you know exactly what is going on offering expert advice and guidance when choices have to be made, whether negotiating compensation with the NHS R or a private hospital, or going to Court if necessary.
If you are searching for a cancer misdiagnosis solicitor you can trust, it is worth considering the team at Hampson Hughes who have represented many clients in Liverpool, London and across England and Wales. You can call us on 0151 236 1222 or email us at email@example.com and we can set up a free initial consultation to talk through your legal options and any possible cancer misdiagnosis compensation claim.
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Why use Hampson Hughes
At Hampson Hughes Solicitors we believe that if you have been injured in an accident that wasn’t your fault you deserve access to legal support. Our objective is to ensure we recover the maximum amount of personal injury compensation you deserve. We can help secure access to expert rehabilitation services to ensure that you have the quickest recovery possible. We can ensure you are compensated for any losses you may have suffered, from out of pocket expenses to loss of enjoyment and loss of earnings as a result of your personal injury.
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Each case will have its own individual elements to consider, but the general process for pursuing a compensation claim with Hampson Hughes involves the following steps.
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Once you get in touch, we can offer you a free consultation with the relevant specialist solicitor for your case.
Should we advise your claim is worth pursuing, and you choose our services, we will begin claim preparation.
We will help you to access and obtain all of the required medical evidence in support of your compensation claim.
Once we have submitted the claim to the defendant, we can begin negotiations on reaching a settlement.
Should no settlement be reached, your claim will proceed to court with a view to obtaining a favourable settlement.
Should your claim be successful and compensation be awarded, you should receive it within 14-28 days.