Medical Negligence: Cancer claims

Did a delayed cancer diagnosis cause harm?

Our medical negligence solicitors are experienced in dealing with cases involving many types of cancer. Establishing whether a delay in diagnosis caused harm can be a difficult and complex matter. We treat every case, and every client, individually, with sensitivity and professionalism.

Coming to terms with a cancer diagnosis is difficult in its own right, but in situations where diagnosis has been delayed, perhaps because a General Practitioner delayed referral to a specialist, or where a test has not been carried out, or the results of a test have been misreported, it can be particularly devastating. 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.

Our service is about you.

In addition to our medical negligence expertise, we understand that a cancer diagnosis brings with it other concerns. At Switalskis, we have a number of other departments which can help with issues you might wish to resolve, such as family issues, wills and probate, and our community care law and mental health law teams, who may be able to assist in cases where clients may experience loss of capacity, or be entitled to NHS continuing care provision.

Difficulties of proving medical negligence in cancer cases

Published evidence about the development of cancers and growth rates of tumours, and about the treatment of different cancers, offer some indication of what the effect of delayed diagnosis may have been on the prognosis for cancer patients. However, It can be difficult to prove that delay has caused harm, even in cases where a mistake has been made. This is because it can be very difficult and sometimes impossible to show that any mistake or delay has made any difference to an individual’s life expectancy.

Even if it is not possible to show that delay has impacted on life expectancy, it may still be possible to claim for the additional pain and suffering that have been caused by delay in pain relief, and by the failure of doctors to relieve the suffering.

Provisional Damages

In appropriate circumstances, it may be possible to claim for 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.


Recognition for our Clinical Negligence team

  • Modern Law Awards Winner Logo
  • Clinical Negligence Lawyer of the Year 2017
  • The Yorkshire Legal Awards 2016 Winner - Dispute Resolution Award

What our clients say…

I was extremely satisfied with how [Clare Garrity] dealt with my case. It was difficult for me and Claire guided me through with consummate skill.

SH

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