Cancer Misdiagnosis and Negligence
Cancer is defined as the uncontrolled division of cells in a part of the body. Cancer Research UK states that 1 in 2 people in the UK will develop cancer in their lifetime. There are many types of cancer, and they can grow at different speeds and spread to other parts of the body. At diagnosis, cancer is assigned a stage and a grade which will guide the consideration of which treatments are likely to work best. Treatments for cancer include surgery, radiotherapy, chemotherapy, hormone therapy or targeted drugs.
Cancer is a genetic disease so it is unlikely that a medical negligence claim will focus on the cause of the cancer as it usually arises from non-negligent factors. However, where there has been a failure to diagnose cancer, a delayed diagnosis of cancer or a misdiagnosis of cancer, it is important to carefully analyse the impact of the negligence on the progression of the cancer, the available treatment options, and the chances of recovery and survival.
The specialist medical negligence team at O’Donnell Solicitors has extensive experience investigating medical negligence claims involving the delayed diagnosis of cancer where clients have faced more intensive and invasive treatment and, in some cases, reduced life expectation. We work to ensure that clients and their families recover the compensation that they are entitled to. Recent cases include:
- GP failure to refer a patient with signs and symptoms indicative of cancer for specialist oncological review under the two-week rule.
- Radiological failures to identify, diagnose and report cancer on x-rays, CT scans and MRI scans.
- Failures to properly interpret test results and to escalate care.
Compensation for successful cancer negligence claims can not only cover the pain, suffering and loss of amenity caused by the progression of the disease, but also special damages for past and future losses including loss of earnings, treatment, aids and equipment and care. In the most serious cases where life expectation is impacted, compensation may be secured for surviving family members.
