Last updated on November 11th, 2021
If you have suffered from a delayed cancer diagnosis because of medical negligence, you may be able to file a delayed cancer diagnosis claim.
Cancer is an insidious condition. The symptoms are often mild or even unnoticeable in the initial stages but can advance rapidly with devastating consequences. The earlier the cancer is detected, the better a patient’s chances of recovery. Even the slightest delay in diagnosing cancer can lower a patients chance of recovery drastically. Cancer gets increasingly more difficult to cure as the disease advances. If a medical professional missed the initial symptoms resulting in advanced-stage cancer, you may have the legal right to file a delayed cancer diagnosis claim.
The Legal Aspects Of A Delayed Cancer Diagnosis Claim
Medical professionals have a legal duty of care towards their patients. This legal clause states that medical professionals must take all possible precautions to ensure that exhaustive relevant tests are conducted and analysed correctly to eliminate any delayed or wrongful diagnosis. If the medical professional fails in this duty of care, and the patient’s condition worsens as a result, they may be held liable for clinical negligence.
There are two forms of cancer negligence:
- Cancer Misdiagnosis – When a medical professional such as a doctor detects the symptoms but misreads them and treats a patient for another condition.
- Delayed Cancer Diagnosis – When a medical professional misses the symptoms completely, resulting in delayed diagnosis and treatment
In both cases, the resultant delay in the treatment of cancer would have resulted in the disease advancing, causing unnecessary suffering and the need for expensive treatments. All of this could have been avoided if cancer had been diagnosed correctly at an earlier stage.
Regardless of whether your advanced symptoms are the result of a delayed diagnosis or misdiagnosis, your first step should be to consult a medical negligence solicitor to determine your legal rights.
Why Consult A Medical Negligence Solicitor?
To win a delayed cancer diagnosis claim, you must be able to prove that your advanced cancer symptoms were the result of a medical professionals negligence. For the best chance of a successful delayed cancer diagnosis claim is to have in-depth legal knowledge regarding all aspects of medical negligence. In addition, expert medical knowledge to be able to prove that a medical professional failed in their duty to diagnose cancer in time can be vital. This is where a medical negligence solicitor can be invaluable.
Medical negligence solicitors are experts in the area of medical negligence and know exactly what is required to file a successful medical negligence claim.
If you believe you may have a compensation claim for a late cancer diagnosis most medical negligence solicitors can offer free advice and how to proceed via a telephone consultation, if not in person initially. If the solicitor concludes that a medical professional has been negligent and you have a strong case, they will likely offer to file your delayed cancer diagnosis claim on a No Win No Fee basis.
How A No Win No Fee Agreement Works
A typical No Win No Fee agreement essentially states that you will receive legal representation without requiring you to pay any upfront fees. All costs related to the delayed cancer diagnosis claim will be covered until the case is closed. As part of the No Win No Fee contract, you would agree to pay a percentage of your compensation if your claim is successful and compensation is received. The exact details would be laid out in the agreement.
If your claim is unsuccessful and you do not receive any compensation, then in our case you would pay nothing at all.
The biggest benefit of a No Win No Fee agreement is that you don’t have to pay anything out of pocket at any time. You only pay the agreed percentage of compensation once it has been paid. Meanwhile, your medical negligence solicitor will take care of all claim-related costs so you can use your personal funds to cover all other personal expenses.
How Much Compensation For A Delayed Cancer Diagnosis Claim?
There is no simple answer to how much compensation you might receive for a delayed cancer diagnosis claim as calculating compensation factors in general damages and special damages, explained here. Essentially, when filing for compensation, your solicitor can claim compensation for:
- Pain and suffering
- All medical expenses including short term and long term treatments
- Cost of transportation back and from the hospital for ongoing treatments
- Loss of income including loss of work-related perks and bonuses
- Reduced life expectancy
- Loss of amenities
- Lifestyle changes
- Ongoing illness
- Loss of income
Your solicitor will research precedents and consult with other legal experts in order to claim the maximum amount of compensation due to you.
Not Sure If You Have A Delayed Cancer Diagnosis Claim?
If you’re not sure whether or not you can claim compensation or you need advice on a delayed cancer diagnosis claim don’t hesitate in getting in touch with us today for a free consultation.