delay in diagnosis of cancer

Receiving a diagnosis of cancer is devastating for anyone, but if there has been a significant delay between the time when you first complained of symptoms to a medical professional and a diagnosis being made, this can make matters considerably worse.  This also results in anger as well as anxiety and individuals will be understandably concerned that the delay has affected their chances of recovery.

The Clinical Negligence team at Blake Lapthorn have considerable experience in investigating claims of delay in diagnosis relating to all different types of primary cancer, including melanoma/skin cancer, breast cancer, prostate cancer, bowel cancer, testicular cancer, ovarian cancer and others.

Claims can be brought against GPs for failure to make a referral to an appropriate consultant, or against consultants and hospital bodies for misinterpreting test results or failing to follow up suspicious cases.

We are able to rely upon our large network of independent medical experts to consider and prepare reports on the standard of care that you have received.  If the expert’s opinion is that the treatment you received falls below an acceptable standard, the next step in investigating a clinical negligence claim for delay in diagnosis of cancer is to consider the difference that competent care would have made to your recovery and longer term prognosis.

Sometimes a delay will have made a difference to the treatment that you have needed.  As an example, the medical expert may confirm that if a diagnosis had been made at an earlier stage then radiotherapy could have been avoided, or perhaps you could have undergone less extensive surgery.  If this is the case then compensation can be claimed for the additional suffering that you have endured and any associated financial losses that this has resulted in.

With regard to the longer term prognosis following a diagnosis of cancer, the case law makes it quite clear that a claim in relation to a poorer prognosis of survival can only be made if, as a direct result in the delay in diagnosis, the individual’s prospects of survival have decreased from 50% and over to under 50%.

In the very sad event that an individual dies from cancer following a suspected delay in diagnosis, then the Clinical Negligence team at Blake Lapthorn are very often able to continue with a claim on behalf of the Estate of the individual and/or the individual’s family. For further information on this particular issue please refer to information page on death and fatal incidents.

For further information please contact Alison McClure in the Clinical Negligence team on 023 8085 7345 or email alison.mcclure@bllaw.co.uk.