Cancer misdiagnosis claims

Cancer misdiagnosis claims

For finding answers and getting justice

A cancer diagnosis can be a very daunting and difficult event. When a diagnosis is compromised, missed or delayed, it can have devastating consequences on the patient.

At Switalskis, we know how difficult it can be to deal with a cancer misdiagnosis. Claims of this nature are always tough, especially if you’re still unwell. But often, making a cancer misdiagnosis compensation claim is the only way to find answers. It can help you understand what happened and seek financial help to support you through your treatment journey.

Speak to a specialist cancer misdiagnosis solicitor from Switalskis today to learn more about how we can help you. We've helped many people in situations like yours, and we're ready to stand by your side.

Call us on 0800 138 0458 or contact us through the website for a sensitive conversation about your situation.

How Switalskis can help you

Having cancer misdiagnosed can be one of the most distressing things someone will face. It may mean that you don’t receive the right treatment, or that therapy is delayed. In the worst cases, this can lead to a terminal diagnosis that might otherwise have been prevented. No matter the outcome, when you are subjected to medical negligence in this way, you are eligible to make a compensation claim.

Switalskis has a wealth of expertise in cancer misdiagnosis claims. We know that, at these difficult times, you don't just need legal advice. You also need support, and a reliable partner to fight for answers alongside you. Thanks to our experience, we can provide both. Our team can advise you on things you might need if you are still dealing with cancer and support you to get the best treatment available.

Members of our medical negligence team have been accredited by both The Law Society and AvMA (Action Against Medical Accidents) . This demonstrates our reputation as a leading specialist in missed and delayed cancer diagnosis claims.

Read what our clients had to say about the help they received from Switalskis

What is the cancer misdiagnosis claims process?

All cancer misdiagnosis compensation claims are different, as they depend on the unique circumstances each person has faced. However, the general stages of the process remain the same.

Step 1: Initial consultation

Reach out to Switalskis for a free, no obligation initial consultation. During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take detailed witness statements to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligence treatment.

Step 4: Defendant response

the defendant will then have four months to investigate the allegations made against them and respond to the letter of claim. This is known as a letter of response. The letter will include whether the defendant accepts they are at fault. This is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or practice has admitted fault, negotiations can start. Our cancer misdiagnosis claim solicitors will negotiate on your behalf, using their expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by cancer misdiagnosis, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

Making a clinical negligence claim can seem daunting, especially taking into account that this process can take a long time. However, with the cancer misdiagnosis lawyers from Switalskis by your side, you won't need to worry. We'll keep you up-to-date about the progress of your claim at all times, remain steadfast in our commitment to pursuing answers for you, and take on the bulk of the responsibility so you can focus on your recovery.

How much are cancer misdiagnosis compensation amounts?

Cancer misdiagnosis compensation amounts can vary significantly, as they are affected by the specific circumstances of each situation. The compensation you could receive hinges on the delay you have suffered, the effect the delay has had (or could have) on your life, and the type of negligence you experienced, so it’s difficult to provide an estimate.

Cancer misdiagnosis compensation generally comprises two different categories: general damages and special damages.

  • General damages: Aim to compensate you for any pain and suffering that you experienced due to your misdiagnosed cancer. This will also take into account any loss of amenity - if you’re no longer able to enjoy life in the same way due to these medical mistakes. You’ll receive more compensation for more serious forms of cancer or for mistakes that resulted in a worse prognosis for your case.
  • Special damages: Compensate you for any financial losses related to the misdiagnosis. This can include any payments you made for private medical treatment, costs for care, the costs of transportation to medical appointments, and expenses related to adjusting your home or your lifestyle to accommodate your illness. If this happened to you because of a missed or late cancer diagnosis, you may be able to claim back the costs of any devices you need.

At Switalskis, we understand how much compensation can help at a difficult time. When you call us, we'll listen to your story and learn about your situation. In this way, we'll be able to offer a realistic estimate of the amount of compensation you could be owed.

Am I eligible to make a cancer misdiagnosis claim?

Your eligibility to claim depends on the individual circumstances you experienced. You must be able to prove that a medical professional owed you a duty of care; that they missed clear signs of cancer or failed to act; and that your condition got worse as a result.

Generally, if a medical professional made any of the following mistakes, you may be eligible to make a cancer misdiagnosis claim:

  • Missed diagnosis: They failed to take account of clear symptoms or to test for cancer
  • Late diagnosis: They failed to notice symptoms or diagnose cancer when it first appeared
  • Wrong diagnosis: They diagnosed the wrong illness, and this delayed diagnosis of cancer or prevented you from receiving cancer treatment at a suitable time
  • Failure to refer: They detected cancer and failed to follow up with a specialist or refer you for appropriate treatment

If you lost a loved one due to a missed cancer diagnosis, you may also be entitled to claim compensation. However, the only way to be certain that you can claim is to talk to a solicitor.

Speak to a member of Switalskis' clinical negligence team today to talk about your situation, learn whether or not you can claim and get the process started.

When can I make a medical negligence claim?

In most cases, claims need to be made within three years from when you experienced negligent care, or from when you first discovered the negligence or misdiagnosis. However, this time restriction can vary depending on the circumstances of your case. 

  • Children: If the person who suffered the negligence is under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
  • Mental capacity: If the person who suffered the negligence lacks mental capacity to make their own decisions, there may be no time limit to make a claim on their behalf.
  • Fatal cases: If you’re claiming on behalf of a deceased family member who passed away due to complications arising from cancer misdiagnosis, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

It is always best to act as soon as possible to avoid missing any deadlines. Contact Switalskis today to learn more about your eligibility to claim.

How are cancer misdiagnosis claims funded?

Pursuing a cancer misdiagnosis claim shouldn’t be a financial burden. At Switalskis, we understand that the process of seeking compensation can be stressful, especially when considering the potential legal costs involved. As such, we offer various funding options tailored to your individual circumstances.

  • No win, no fee agreements: Also known as conditional fee agreements (CFAs), are the most common way to fund a cancer misdiagnosis claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: We will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expense cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaise with your insurer.
  • Legal Aid: In very rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

We'll take the time to explore all available options with you and find the best solution to fit your needs.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

Our cancer misdiagnosis claims specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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Why Switalskis?

The team at Switalskis has worked with many people like you and fought for the answers they deserved. We know how difficult this process can be, and we’re committed to helping at every stage of the process, in whatever way we

Clarity in complexity

As well as helping to keep you up-to-date on the progress of your case, we’ll decode the legal terminology to make sure you understand everything perfectly. We’ll also be available whenever you need us to answer your questions. In this way, we can make sure you’re in the best position to make important decisions

Empathy at every step

Every cancer negligence claim is different, and every case has a person and their story at its core. We never treat anyone as just a client - we take the time to discuss your specific circumstances and understand the details of what happened to you. In this way, we can provide exactly the right support, make sure you receive as much compensation as you are entitled to, and manage your case in the way that will work best for you.

Expertise you can trust

We know how difficult the compensation claims process can seem when it's unfamiliar. Our cancer misdiagnosis solicitors have been through this process many times before, which means that we can keep you fully informed at every stage. We know how to build your case and secure the maximum amount of compensation you’re entitled to.

Championing your rights

The cancer misdiagnosis lawyers at Switalskis know that the most important aspect of your case is upholding your rights and providing a space where you can make your voice heard. Making a cancer misdiagnosis claim isn’t just about the money you'll receive, but about accountability on the part of the medical professionals who failed you.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

A cancer misdiagnosis is often devastating, but it's important that you don't suffer in silence. By speaking up about your experiences, you can benefit from support, access the resources you need, and make a cancer misdiagnosis compensation claim that could make your life more comfortable.

Contact Switalskis today to begin your fight for justice. Call us on 0800 1380 458 or contact us through the website for understanding, empathy, and legal advice.

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