Cancer Treatment Claims

Being diagnosed with cancer can be a distressing time both for you as the patient and for your loved ones especially whilst awaiting a treatment plan. 1 in 2 people will be diagnosed with some form of cancer in their lifetime.

On occasion, a diagnosis may have been delayed or a misdiagnosis given due to treatment provided by a medical professional which has fallen below the expected standard.

Our team of expert Clinical Negligence solicitors have extensive experience in handling cancer negligence claims. Cancer treatment claims commonly relate to the misdiagnosis, mistreatment or delay in diagnosis of cancer.

If you feel that you may have been affected by misdiagnosis please contact us to discuss your concerns in more detail.

Cancer Treatment Claims

FAQs

When does negligence occur in Cancer Claims?

Negligence can happen when a medical professional provides care that has fallen below what is described as a ‘reasonable’ standard of care.   If the care provided has fallen below the reasonable standard then a claim can be made for the injuries that have been directly caused, worsened, or overlooked by the medical professional during your treatment.  We can investigate what mistakes were made and how they could have been avoided.

 

If your cancer was misdiagnosed or diagnosed later than it should have been then you may have grounds to pursue a Clinical Negligence claim.

 

Cancer treatment claims commonly relate to the misdiagnosis, mistreatment or delay in diagnosis of cancer.   Our team of expert Clinical Negligence solicitors have extensive experience in handling cancer negligence claims and have secured compensation for clients due to negligence including:

 

  • Misdiagnosis resulting in unnecessary procedures
  • Failure to diagnose, for instance x-rays and scans that have been misinterpreted or tissue samples being incorrectly interpreted
  • Delay in diagnosis or delay in providing the necessary treatment due to inadequate investigations.

 

If your cancer was misdiagnosed or diagnosed later than it should have been you may have grounds to pursue a Clinical Negligence claim.

What can I claim for in a Cancer Claim?

A misdiagnosis or delay in diagnosis can have a serious physical, emotional and financial impact on you and your loved ones. You are likely to require treatment, potential rehabilitation, care and assistance and financial support.

 

The amount of compensation you could be entitled to will vary due to a variety of factors. These include but are not limited to the length of delay or impact of misdiagnosis, the pain and suffering experienced, the extent of any further treatment required as a result of the delay or misdiagnosis and financial losses incurred.

Can I make a claim for Clinical Negligence?

Our experienced team of Clinical Negligence lawyers have a wide range of experience in cancer claims. If you believe you have suffered an injury or your condition has been made worse as a result of negligent treatment then you may be able to make a claim for compensation against the Defendant, who is often the Hospital Trust.

 

Please do not hesitate to contact us today to arrange a free initial consultation and we can talk you through your individual circumstances. If you wish to pursue a claim, a specialist solicitor will represent you and explain what should be expected.

How much does it cost to make a claim?

Claims of this type can be funded by way of a Conditional Fee Agreement also known as a ‘no win no fee’ agreement.  If you enter into a Conditional Fee Agreement and your claim is successful, most of the legal costs will be paid by your opponent.  Some of the costs that are not recoverable from your opponent will be recovered from you by way of a deduction from your damages but capped a maximum of 25%.

 

Other funding options may also be available to you for example Legal Expense Insurance that may extend to your claim.  We can discuss your funding options with you and let you know the best way to fund your claim.

Is there a time limit for bringing a cancer delay case?

Yes. You should start a claim as soon as possible. Generally, you will need to start Court proceedings within three years of the negligence happening or within three years of the date you knew or ought to have known negligence had occurred. This can be tricky to assess in cases involving a delayed diagnosis of cancer, as you may not know of any negligence at the time of it happening,  After those three years the Defendant will be able to raise ‘limitation’ as a defence to any claim, and argue that you are out of time to bring a claim.  There are some exceptions to this limit, although the best way of finding out whether you are in time to bring a claim is to speak to one of our specialist lawyers.

How long do Clinical Negligence Claims take?

A claim can take anywhere between a few months and a few years to settle. This depends on the extent of injury and whether the negligence is admitted by the Defendant. A typical case usually takes between 2-3 years to finish. The more complicated the claim the longer it tends to take.  We will however be with you every step of the way.

Will I need to have a medical assessment if I make a claim?

Often in the first instance access to your medical records will be required. The records can then be considered by a medical expert who will offer their own medical opinion in relation to the possible claim.  A medical examination will also be required in some circumstances.

Can I make a complaint about the treatment I received, when no financial compensation is needed?

Yes, you can. You can complain to find out what happened, to ask for an apology or to ask that policies or procedures are changed as a result of your experiences. If you wish to receive a copy of our template complaints letter and complaints information pack, then please contact us to speak to one of the team.

Why choose Waldrons?

Flexibility We are available for appointments at your home, at hospital or another location that’s convenient for you.
Dedicated You will have direct access to a Legal Advisor throughout your matter.
Established We have over 150 years’ experience in providing specialist legal advice representing individuals.
Costs We are clear on costs 100% of the time.
Local We have offices across the West Midlands, Worcestershire and Cheltenham.
Accredited Law Society Clinical Negligence Panel Accreditation.
Complaints We will help you make a complaint completely free of charge.
Cancer Treatment Claims

Accreditations and Affiliations

Any solicitor can say they are experienced in what they do. We go the extra mile to demonstrate our expertise. Many of our lawyers have undertaken independent assessments of their knowledge and skills. Our accreditations give you the assurance that you are dealing with a specialist.

Cancer Treatment Claims

Contact Us

By submitting this form I agree to allow Waldrons Solicitors Ltd. to process my details in accordance with Waldrons’ privacy policy.