Professional legal advice for late or incorrect diagnosis of cancer
Cancer can be traumatic for you and those around you. If your diagnosis is delayed or incorrect, the consequences could be even worse. If you or a loved one have been misdiagnosed, and feel this may be due to negligence, contact us to discuss your situation in confidence.
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How can a cancer misdiagnosis occur?
There are several instances which could be classed as a cancer misdiagnosis. For example, a General Practitioner may have delayed referral to a specialist for further examination, meaning that your condition is left untreated.
Similarly, a misdiagnosis could also be when a test has not been carried out, or the results of a test have been misreported in some way. Sometimes, a delayed diagnosis of cancer can lead to a situation where the disease has become advanced to the extent that a cure has become considerably less likely.
Sometimes it can be very difficult, or even impossible, to prove that a misdiagnosis has had an effect on your life expectancy. However, it may still be possible to claim based on the extra pain and suffering caused by your GP or the healthcare professional in question.
In appropriate circumstances, it may be possible to claim for your present injuries, and and to reserve the right to make a claim at a later stage in the event of serious deterioration or a later serious disease arising out of the original negligence.
How can a compensation claim help me?
Cancer can be devastating, especially if more could have been done earlier on and your condition was not diagnosed as quickly as possible. By making a claim, you may be able to get the funds you need to receive treatment and any other care necessary. It can also help you to pay for any home adjustments that you may need. As well as a financial settlement, an apology and explanation can also be just as important.
When can I make a medical negligence claim?
In most cases, claims need to be made within three years from when you either suffered negligent care, or three years from when you first discovered the negligence or misdiagnosis. However, this time restriction can vary depending on the circumstances of your case. For example, when making a claim for a child, the three year time restriction begins after the child turn 18 years old. Likewise, someone who lacks mental capacity and cannot make a claim on their own may also be exempt from the restriction.
Our Medical Negligence Specialists
How are Cancer Misdiagnosis claims funded?
There are various options for funding claims. Many of our cases are funded using Conditional Fee Agreements, (also called a ‘No Win No Fee’ agreement). In a Conditional Fee Agreement, you will only pay for our solicitors’ work if we win the case for you. In very limited cases we can offer advice for free thanks to Legal Aid funding. Our solicitors can review and discuss your funding options and help you decide the best route to take.
How can Switalskis help me?
We can work with you to assess the facts and determine whether or not you have a case for Medical Negligence. You can contact us for confidential advice whenever suits you - for example you or your loved one may prefer to concentrate fully on treatment and recovery before looking into your legal situation. Whenever you choose to speak to us you can be sure that you'll speaking to knowledgeable, experienced specialists who will treat you with compassion and understanding.
Our team includes solicitors who are accredited as specialists by both The Law Society and the patients’ charity, Action against Medical Accidents (AvMA). We are also recognised as being among the top Clinical Negligence teams in England by the Legal 500 UK, the foremost legal guide for clients.