Cancer Claims

Nobody wants to receive a cancer diagnosis. But early detection and treatment is vital. If your diagnosis was delayed, you could have a cancer negligence claim.

SPEAK TO OUR SPECIALIST TEAM

Fill in our simple form and get a call back at a time to suit you.
Alternatively our team are on hand 24/7 to discuss your case.
You can call them on:
0800 567 7866

Cancer negligence claims

According to Cancer Research, the survival rate for cancer has doubled in the last 40 years – half of people diagnosed will now live for another 10 years or more. But for treatment to be fully effective, early diagnosis is essential.

If your condition has worsened as a result of an incorrect or delayed diagnosis, or you were misdiagnosed with cancer, you could have a cancer negligence claim.

Why should I make a cancer negligence claim?

We know that the prospect of starting a cancer claim can feel intimidating. But you could be entitled to support and compensation for the negligence you’ve suffered.

It may be that you’ve had to undergo more intrusive treatment such as chemotherapy or radiotherapy as a result of a delayed or incorrect diagnosis. This could mean taking additional time off work as well as being unable to spend as much time with your loved ones.

Any compensation you receive will take into account both the emotional and financial suffering caused by the negligence you experienced. And your solicitor will make sure that the settlement you’re offered fully reflects what you’ve been through.

If you’re not sure whether you have a cancer negligence claim, get in touch with our knowledgeable claims team. They’ll ask you a few straightforward questions about your case and let you know if you have a strong claim.

How will I prove that negligence took place?

In these types of claims, evidence can make or break a case. Your solicitor will need to prove that your doctor acted negligently and that this directly caused your health to deteriorate.

Examples of negligence that could lead to a claim include:

  • Dismissal of key symptoms
  • Failure to carry out a full examination
  • Failure to refer to a specialist
  • Misinterpretation of scans or X-rays
  • Misinterpretation of test results

There are guidelines in place for medical professionals to follow when it comes to diagnosing and referring patients with suspected cancer. These are set by the National Institute for Health and Care Excellence (NICE). If your doctor did not act in line with the guidelines, they could be held responsible if your condition worsened as a result.

To demonstrate that your doctor acted negligently, your solicitor will gather evidence including:

  • Expert medical advice
    Your solicitor may arrange for you to be seen by an independent medical expert during the claims process. This expert will use their knowledge and experience to provide an assessment of your current condition and how it’s likely to affect your life going forward.
  • Medical records
    Medical records are often used to prove when and where you received your treatment. But they can often reveal flaws in the care you received, too. If your doctor acted negligently, it’s likely that this will be reflected in the quality of their notes.
  • Witness statements
    Well-written witness statements can make a big difference in cancer negligence claims. These statements could come from someone who attended your appointments with you, or members of staff who were present for your treatment.
  • Your own memory
    Your solicitor will also ask you about what you can remember of the medical care you received. This will be written into a statement that outlines your memory of what happened as well as the effect that it has had on you.

How can First4Lawyers help?

Our medical negligence solicitors are experts in cancer misdiagnosis and delayed diagnosis claims. They will work on your behalf to get you the outcome you deserve. So you don’t have to worry about going through the process alone.

If you were treated by the NHS, your solicitor may also be able to help you make an official letter of complaint. Many people find this reassuring as it can help to ensure that the same mistakes aren’t repeated.

We offer a No Win No Fee service for these types of claims, which means you won’t have to worry about paying us anything upfront and there will be nothing to pay if your claim is unsuccessful.

Only pay a fee if you receive compensation

Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 30% of the final compensation amount plus VAT for all road traffic accident claims.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

Will my cancer negligence claim affect the NHS?

It’s understandable that you might have concerns about how your claim could affect the NHS. We’re all too aware of the pressures that the organisation is under. But this doesn’t mean that you’re any less entitled to compensation.

In 2021/22, 16,484 claims were resolved through NHS Resolution – an independent body which acts as insurance provider for the NHS. If your claim is successful, your compensation will be paid by NHS Resolution on behalf of the trust involved.

So you don’t need to worry that your compensation payout will affect the hospital or staff where you were treated. The NHS is prepared for claims like yours and money is put aside each year for this purpose.

Cancer Misdiagnosis Calculator

Calculate your compensation in 4 easy steps...

To start your compensation calculation, please select the affected area of your body...

Now isolate the area of your body that was injured...

Choose the type of injury...

  • In these cases brain damage, if any, will be minimal.
  • Where a good recovery has been made but symptoms such as poor concentration and memory problems continue.
  • Where ability to work is reduced and there is a risk of epilepsy.
  • The injured person is very seriously disabled and is dependent on others.
  • Epilepsy has been caused as a consequence of the injury.
  • Affecting the ability to cope with life and/or work or affecting relationships with family and friends.
  • The injured person largely recovers within two years.
  • Injury causes effects that cause significant disability for the foreseeable future, or permanently.
  • In consequence of defective permanent waving etc. where effects are dermatitis or hair loss leading to distress and effects on social life.
  • Where hair has been pulled out leaving bald patches, or stress-induced alopecia with full recovery within two years.
  • Resulting in pain and temporary interference with vision.
  • Permanent impairment of vision in one or both eyes.
  • Total loss of sight in one eye and reduced vision or other problems with the other eye
  • Total loss of sight in one eye only.
  • Mild tinnitus with some hearing loss
  • With noise induced hearing loss, or moderate to severe tinnitus, or noise induced hearing loss alone.
  • With noise induced hearing loss
  • With or without associated problems such as tinnitus, dizziness or headaches.
  • With or without the speech being affected, or tinnitus.
  • Full recovery with no surgery required.
  • Where recovery is complete after surgery
  • Injuries requiring a number of operations and/or resulting in permanent damage.
  • Simple fracture of the cheekbone, which will fully recover without surgery.
  • Simple fracture of the cheekbone requiring some reconstructive surgery, but with full recovery and little or no cosmetic effects.
  • Serious fractures causing lasting effects such as burning/prickling sensation or an element of disfigurement.
  • Requiring immobilisation but recovery is complete.
  • Serious injury causing permanent damage, such as difficulty eating or opening the mouth.
  • Very serious multiple fractures requiring prolonged treatment. Permanent effects such as severe pain, restricted eating.
  • Assessed per tooth.
  • Single tooth only.
  • Extends over a number of years, including significant deterioration of overall condition of the teeth.
  • Where full recovery takes place between nine months and one year.
  • Fractures or dislocations which cause severe immediate symptoms and chronic conditions, leading to impaired function or limitation of activities.
  • Injuries usually involving serious fractures or disc damage leading to disability, such as substantial loss of movement or loss of function in one or more limbs.
  • Caused by asbestos
  • Varying levels of respiratory disability and reduced lung function (1-10% and in excess of 10%)
  • Severe pain and impairment of the pleura (lung lining) or the peritoneum (lining of the abdominal cavity), affecting function and quality of life.
  • Causing respiratory disability attributed to asbestos exposure.
  • Causing permanent damage, impairment of function, physical disability and reduction of life expectancy.
  • Such as soft tissue damage causing considerable pain but recovery almost complete within two years.
  • Such as frozen shoulder causing limitation of movement and discomfort for up to two years.
  • Causing pain in shoulder and neck, aching in elbow, weakness of arm and hand.
  • Involving damage to the brachial plexus and resulting in significant disability.
  • Temporary or permanent disability as a result of a fracture.
  • Such as strains, sprains, disc prolapses and soft tissue injuries.
  • Such as disturbances of ligaments and muscles causing backache, or compression fracture.
  • Injuries causing severe pain and disability, including impaired bladder, bowel and sexual function.
  • Resulting in significant or permanent disability
  • Most elbow injuries such as simple fractures, laceration and tennis elbow, not resulting in permanent damage or impairment.
  • Injuries causing impairment of function but not involving major surgery or significant disabilty
  • Injuries such as deep lacerations, soft tissue wounds or crush injuries, all recovering within six months.
  • Resulting in impairment of grip or reduced mechanical function. Partial amputations resulting in deformity.
  • Injuries such as a thumb being severed and re-attached, leaving it with little use, amputation of the tip or at the joint of the thumb. Nerve damage or fracture resulting in impaired grip or dexterity.
  • Amputation resulting in very little use and weak grip.
  • Amputation due to crush injuries, or loss of a significant part of the hand due to traumatic injury.
  • Serious injury resulting in extensive damage to both hands, effectively leaving them with little use.
  • Caused by repeated vibration, damage to hands including impaired grip, dexterity and frequent pain.
  • Such as an uncomplicated fracture with full or virtual recovery.
  • Injuries resulting in significant permanent disability, but some useful movement remains.
  • Injuries causing some permanent disability, such as persistent pain and stiffness.
  • Resulting in complete loss of function in the wrist, for example when an arthrodesis has been performed.
  • Such as a broken femur, tibia or fibular
  • Serious fracture or injuries to joints or ligaments, scarring, instability and lengthy treatment required.
  • Fractures where a full recovery is not made.
  • Loss of a leg below the knee
  • Loss of a leg above the knee
  • Both legs being lost above the knee, below the knee, or where one leg has been lost above the knee and the other below.
  • Torn cartilage or meniscus, laceration, twisting and bruising. May be full recovery, or continued aches and pains.
  • Injury or damage causing mild disability or continuing pain, discomfort or limited movement that may require future surgery.
  • Fractures, joint or ligament damage causing constant pain, impairing movement and agility. Requiring prolonged treatment, the injured person will be prone to osteoarthritis.
  • Including fractures where there is full recovery within two years.
  • Significant injury but any permanent disability is not major. Injury may require a hip replacement.
  • Such as extensive fractures resulting in substantial disabilities.
  • Simple metatarsal fractures, ruptured ligaments.
  • Displaced metatarsal fractures resulting in permanent deformity.
  • Fractures to feet resulting in restricted mobility and /or considerable continuing pain.
  • Crush or multiple fractures to two or more toes, resulting in permanent disability.
  • Undisplaced fractures, sprains and ligament injuries.
  • For fractures and ligament tears resulting in moderate disability, such as difficulty walking on uneven ground or on stairs.
  • Injuries involving long periods of treatment, long period in plaster and some permanent disability.

Simply fill in our form below and we’ll call you back at a time to suit you.

Or talk to our team on:
0808 271 6198

There are other types of compensation you could be awarded through your accident such as loss of earnings or damage to property. The estimates given here are simply for your personal injury claim.

First4Lawyers' solicitors will be able to give you the best idea of the amount you should expect from your individual injury.

It is important to keep in mind that every case is different and the advice and estimates you'll be given, once your case has started, will be tailored specifically for your case.

Cancer negligence claims FAQs

Can I make a claim on someone else’s behalf?

Having a loved one pass away is always painful. But it can be even more so if their death could have been prevented. If a member of your family died due to negligence, you could make a claim for compensation after their death.

This can help to pay for funeral costs as well as providing additional financial security, especially if the person who died was the primary earner in your household.

It’s also possible to make a claim on behalf of a child under 18 or any individual who is lacking the mental capacity to take legal action. In these cases, you’ll become what’s known as a ‘litigation friend’.

Is there a time limit for making a cancer negligence claim?

Usually there will be a three-year time limit for making a cancer negligence claim. This could be three years from the date the negligence took place or from when you first became aware of it.

There are times where the limits will vary, but we would always recommend seeking legal advice as soon as you’re able to. This will ensure that you’re able to remember the details of what happened and make it easier for your solicitor to access important evidence.

How much compensation could I claim for cancer negligence?

Every case of negligence is unique. So it’s difficult to say exactly how much your claim could be worth without speaking to you first. But most compensation payouts will be split into general and special damages.

General damages will consider the pain and suffering caused by the negligence you experienced. But this won’t be restricted to the physical impact. It could also include the psychological turmoil you’ve been through.

Special damages go one step further by considering any financial losses related to your treatment. This could cover lost earnings if you’ve had to take time off work, or the cost of travel to and from medical appointments.

For a rough estimate of how much compensation you could receive, try our free compensation calculator.

I think I have a claim – what should I do?

If you think you have a cancer negligence claim, the first thing to do is to share your concerns with a medical professional. We understand you might be hesitant to trust another doctor after your experience. But it’s important to make sure that you’re now receiving the right care.

After this, you could consider taking legal action. Our claims advisors are trained to answer any questions you may have about the claims process. We’ll speak to you about what happened and let you know if you’re likely to have a strong case.

If we think you could have a claim for compensation, we’ll ask if you’d like to be put in touch with one of our experienced solicitors. This decision will be completely up to you, and we’ll never pressure you either way.

When you’re ready to get in touch, you can reach us on the number at the top of the screen or by requesting a callback. And if you’d prefer to contact us online, we also have a quick and easy claims form.

We’ve supported thousands of people in situations similar to yours, and we could help you too.

Why choose First4Lawyers?

Whether you want to make an accident and injury claim, or need a solicitor for personal or business law matters - our friendly team are here to help, 24/7.

Free initial consultation

Our fully trained legal advisors are happy to offer initial guidance and advice for free

No Win No Fee*

No Win No Fee solicitors - you don't pay a penny up front when making a claim

No pressure

We offer advice with no obligation.  We never cold-call or apply pressure to our customers

X

It seems you are using an outdated browser.

This will impair your browsing experience around the web. Please visit one of the links below to update to a modern browser then re-open the site with the new browser.

Thank you


logo

Can't find what you are looking for?

We are open as normal during the Coronavirus lockdown and are able to help with all your legal needs.

Call us free of charge

0800 567 7866

Request a Callback

Continue browsing