Cancer misdiagnosis and delayed diagnosis claims
If your cancer diagnosis is delayed, or even missed completely, this will understandably cause huge distress to you and your loved ones. There are many ways these errors can unfold:
● You were told you had cancer when you did not
● You were told you did not have cancer when you did
● Tests revealed the possibility of a cancer diagnosis but these were not acted upon
● You were wrongly given the all clear after undergoing treatment
● You were wrongly diagnosed and given the wrong (or even unnecessary) treatment
We understand that it’s not just the physical trauma that affects people - it’s the anguish that follows having been let down by medical professionals.
What are the symptoms of cancer?
According to Cancer Research UK there are more than 200 types of cancer, each with different symptoms, so it’s hard to have a definitive list of warning signs. However here are some of the most common symptoms:
● Unusual lumps
● Unexplained weight loss
● Fatigue
● Chronic pain
These symptoms aren’t just linked to cancer. It is important to get any signs or symptoms you notice checked by a medical professional as soon as possible.
What is the difference between delayed diagnosis and misdiagnosis?
Delayed diagnosis
A delayed cancer diagnosis is when there has been some sort of time delay in getting the correct diagnosis and by the time you do receive your diagnosis, the cancer has advanced to a stage where the treatment required is more aggressive or in the worst case, the cancer is terminal. It may be that your symptoms weren’t properly investigated, test results were misinterpreted or the possibility of cancer was completely overlooked.
A delayed diagnosis can happen when scans or tests reveal something potentially suspicious that merits further investigation, but for various reasons, this hasn’t been followed through. For example, an X-ray report is filed without anyone reviewing it.
Early detection is often key to effective treatment. So when there is a delay which means the cancer has progressed to a more serious stage, it can make treatment less effective and affect your overall prognosis. You might miss out on vital treatment to stop the cancer from growing and/or spreading.
Misdiagnosis
Occasionally doctors can mistakenly diagnose a different illness as cancer. If this has happened to you and you later discover the diagnosis was wrong, you might be able to seek compensation.
If your doctor does not look at tests such as biopsies, mammograms or blood tests accurately this could lead to a misdiagnosis. Waiting too long for the right treatment for a serious condition can make things worse but getting intense treatment for a condition you don’t have can also have negative effects on your health.
An example of a cancer misdiagnosis would be when you have been told you have a cancerous tumour which turns out to be benign. You might have started chemotherapy or had surgery to remove the tumour - none of which was needed.
No matter what, it is important to understand this is not your fault. Doctors have a duty to investigate symptoms thoroughly and to give you an accurate diagnosis.
How will I know if something is wrong?
One sign is that your symptoms — whatever they may be — are not improving or disappearing. If you have been given treatment and your symptoms persist, this could be a sign that you have been given the wrong diagnosis.
You might also question a diagnosis if medical professionals didn’t take your concerns seriously, didn’t order the necessary tests, or dismissed your symptoms without proper investigation.
Some cancer symptoms often resemble those of less serious health issues, making it challenging to identify the true cause early on.
Bowel and lung cancers are quite commonly seen in the delayed diagnosis cases we deal with. The symptoms for these types of cancer can sometimes be mistaken for less severe conditions i.e. irritable bowel syndrome or pneumonia.
Your concerns deserve attention, and your health should always come first.
Fatal clinical negligence claims of this nature can be complex however the Damages (Scotland) Act 2011 does provide a route to justice for surviving family members to compensate them for the loss of their loved one - especially if their untimely passing impacts the financial security for others in their household.
How can I make a cancer negligence claim?
We understand how overwhelming it can be after finding out about a possible misdiagnosis or delay in cancer diagnosis. Here are some of the steps that you need to take or be aware of before making a clinical negligence enquiry.
Complaints process
If your treatment was provided by the NHS , the first thing you need to do is make a complaint to the relevant NHS board. Although the complaints process is the same for all health departments, each NHS board will have a team that will handle their complaints.
If your treatment was provided privately, you will also need to make a complaint to the relevant hospital where your treatment took place. You should be able to find where to make the complaint via the website of the private hospital.
Be sure to check what time limit you have to make a complaint. For NHS services you should make your complaint within 6 months of the date where you found out about the negligent treatment and no later than 12 months after that. After this time the board may not investigate your complaint. If you had private treatment, you must check the time limit to complain with the relevant hospital.
Once you have submitted your complaint and received a response, you can make a clinical negligence enquiry.
How long do I have to make a claim?
Generally you have three years from the date of an accident to file an injury claim for personal injury compensation in Scotland. However, it becomes a little more complex for clinical negligence cases.
For misdiagnosed or delayed diagnosis of cancer, the timebar starts three years from the date you are made aware of the wrong diagnosis or that there has been a delay in your diagnosis by a medical professional.
Here to help you
Digby Brown has helped many people over the years to seek legal action against the NHS and private healthcare providers for medical negligence in Scotland.
We offer free legal advice and are here to help. If you would like to talk to a specialist solicitor about your misdiagnosis, please complete our clinical negligence form and give as much detail as possible.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Why choose Digby Brown?
Our team, headed by Ruth Kelliher, are experts in this law area and has the experience to guide you through your clinical negligence claim.
Digby Brown are members of Action Against Medical Action and the majority of the clinical negligence team also hold specialist accreditation with the Law Society of Scotland. Ruth is also a recognised clinical negligence specialist by Chambers Legal Guide.
The team is dedicated to supporting you throughout this difficult time.
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