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Cancer Misdiagnosis Claim

Cancer Misdiagnosis Claims

If your doctor has wrongly misdiagnosed your cancer, you might be able to make a no-win, no-fee claim with Lawhive’s personal injury solicitors. 

Getting a wrong cancer diagnosis can be even more distressing than learning you have cancer. Sometimes, healthcare professionals miss detecting cancer during an examination, only for the mistake to be discovered later when the disease has advanced. 

As we all know, early diagnosis of cancer is crucial, so delays in getting it right can have devastating consequences for the individual and their family. 

Cancer misdiagnosis can happen by giving the wrong diagnosis to a patient with cancer, missing a patient’s condition entirely, or wrongly diagnosing someone as having cancer. Failing to notice signs, not referring to a specialist, and neglecting necessary tests can all breach the duty of care owed to patients. 

Those misdiagnosed may have the option to take legal action to seek damages. If a patient dies due to cancer misdiagnosis, their loved ones may be able to seek compensation on the patient’s behalf. 

Can I sue for misdiagnosis of cancer? 

Yes, you can sue for misdiagnosis of cancer if your doctor failed to diagnose your condition in time or was negligent in other ways like providing the wrong treatment, and this negligence led to a worsening of your health.

Our medical negligence solicitors and legal assessment team can help you explore whether you have a valid claim on a no-win, no-fee basis. Get a free case assessment today to discuss your situation further with our experts. 

Can I claim for a delayed cancer diagnosis?

If you’ve experienced a delayed or late diagnosis of cancer, you may have grounds to make a compensation claim. 

A delayed cancer diagnosis can be devastating - allowing the cancer to grow and spread, sometimes leading to a lower chance of survival and the need for more aggressive treatment. 

If you are unsure if you can make a claim, contact us today. Our legal assessment team will listen to your situation and advise you on the validity and strength of your claim, at no cost to you.

How much compensation can I claim for misdiagnoses of cancer? 

Compensation amounts for cancer misdiagnosis claims are not fixed because each case differs. 

Assessments consider the physical and psychological harm suffered, any financial losses, and the long-term impacts on your life. The severity of the outcome also influences the compensation amount. For example, serious injuries may result in a six-figure settlement, and ongoing treatment needs may lead to regular payouts for life. 

At Lawhive, our medical negligence solicitors work with the sole aim of securing the highest possible settlement for you based on your circumstances.

What should I do if my cancer is misdiagnosed? 

If you suspect your doctor has misdiagnosed cancer, you should: 

1. Seek a second medical opinion to understand the situation and potential errors; 

2. Contact our cancer misdiagnosis legal assessment team for a free case assessment. 

If you choose to move forward with a cancer misdiagnosis claim, we can help arrange a medical assessment and gather evidence for your claim, including medical records, doctors’ notes, and witness statements. 

What are the symptoms of cancer? 

Everyone should be aware of potential cancer symptoms, but it’s also important to remember that many of these common symptoms can overlap with other conditions, too.

Common signs of cancer include: 

• Headaches; 

• Extreme fatigue; 

• Unexpected bleeding; 

• Weight changes; 

• Lumps or swelling;

• Persistent page; 

• Changes in bathroom habits; 

• Vision or hearing problems; 

• Changes to moles; 

• Fever; 

• Mouth issues, such as ulcers or bleeding. 

If you experience these symptoms, you should seek medical advice straight away. 

Types of cancer misdiagnosis claims

Cancer misdiagnosis can include late diagnosis, incorrect treatment, or being incorrectly diagnosed with cancer. 

Our medical negligence lawyers often deal with claims involving situations where a doctor failed to diagnose cancer promptly, but this isn’t the only situation where you may be able to make a claim. 

Delayed cancer diagnosis 

If cancer isn’t diagnosed early, it can lead to problems. For example, the time when treatment works best might be missed, and the cancer can get worse. In some cases, it might even spread to different parts of the body, making it harder to treat. Sometimes, if the diagnosis is delayed too much, it could mean the cancer can’t be cured, leading to the patient passing away.

Of course, many of us are at the mercy of doctors and medical professionals and seeking a cancer diagnosis, so delays are out of our control. If you have received a delayed cancer diagnosis, you may be able to make a no-win, no-fee claim with the help of our cancer misdiagnosis lawyers. 

Misreading test results 

Doctors use lots of different tests to identify types and stages of cancer, including X-rays and blood tests. However, if they don’t interpret the results of these tests correctly, it could lead to the wrong diagnosis.

If a situation like this has adversely affected your health, for example, a tumour wasn’t spotted following tests, you might be able to make a cancer misdiagnosis claim. 

Incorrect medication or treatment 

Cancer treatments come in different forms, including chemotherapy, hormonal therapy, or radiotherapy. However, if a doctor gives you the wrong prescription or suggests a treatment that doesn’t suit your situation, it could be harmful to your health and potentially traumatic. 

For example, someone who has been diagnosed with cancer might be told to undertake ‘active monitoring,’ which means regular check-ups without immediate treatment. However, this may not be the right course of action. For instance, if their case is more severe, surgery might be necessary. 

If you find you've received the wrong treatment following cancer misdiagnosis, and your health or well-being is affected, reach out to our cancer negligence solicitors and legal assessment team for a free case assessment to find out if you could claim compensation.

Administration errors

If your doctors misplace or lose your files, it might lead to delays in your treatment. Similarly, if your doctor forgets or neglects to refer you to a specialist, it could negatively impact your health. 

In both instances, administration errors like this count as medical negligence, and you may be able to make a claim.

All-clear errors 

The most heartbreaking misdiagnosis claims in cancer cases involve what we call “all-clear errors.” This is when your doctor mistakenly tells you that you are cancer-free, only for you to later discover this is not the case. This situation can have a profound effect on not just your physical health, but your mental well-being, and finances.

Which cancers are most commonly misdiagnosed? 

If errors are made, any type of cancer could be misdiagnosed. However, certain cancers are more prone to misdiagnosis, especially when their symptoms closely resemble those of other conditions. Some of the most commonly misdiagnosed cancers include: 

Bowel cancer misdiagnosis 

It’s not uncommon for bowel cancer to be misdiagnosed, experience delayed diagnosis or, in some cases, not be diagnosed at all.

Some patients with bowel cancer might be wrongly diagnosed with inflammatory bowel diseases (IBD) like irritable bowel syndrome, diverticulitis, or colitis. On the other hand, some individuals with these digestive issues may be misdiagnosed as having bowel cancer, leading to incorrect treatments.

Breast cancer misdiagnosis 

Breast cancer can be misdiagnosed, missed, or overdiagnosed. These mistakes can result in patients receiving the wrong treatment, excessive treatment, or inadequate treatment, potentially leading to severe consequences like death, debilitation, unpleasant side effects, or aggressive treatment upon later diagnosis of breast cancer. 

Breast cancer misdiagnosis can happen because of the different symptoms patients might show, and it often depends on the type of breast cancer they have. For example, inflammatory breast cancer might be mistaken for other conditions, like fibrocystic breast disease or mastitis. 

Cervical cancer misdiagnosis 

When cervical cancer is caught early, the chances of survival are much higher. However, if there’s a delay in diagnosis or test results are misinterpreted, it can make treating the cancer more challenging and treatments more invasive. 

Late or misdiagnosed cervical cancer can happen due to the cancer being mistaken for other conditions like heavy periods or menopause, medical professionals neglecting to refer patients for appropriate tests, misinterpretation of test results or biopsies, or failing to notice a problem during a cervical examination. 

Lung cancer misdiagnosis 

Lung cancer often gets misdiagnosed as a condition like asthma, acid reflux, lung abscesses, pneumonia, bronchitis, or gastric reflux disease because the symptoms can overlap. 

Detecting lung cancer early greatly improves the chances of successful treatment, and in some cases, even a cure. However, if the condition is misdiagnosed or its symptoms are overlooked, a patient might not get the right treatment until the cancer has reached an advanced stage. 

Ovarian cancer misdiagnosis 

Ovarian cancer symptoms can, unfortunately, mimic less serious conditions, earning it the label of “silent killer.” Symptoms like bloating, abdominal pain, frequent urination, and feeling full quickly can be mistaken for common issues like urinary tract infections (UTIs) or irritable bowel syndrome (IBS).

Even if a woman presents symptoms that could indicate cancer, healthcare professionals might not immediately consider cancer as a potential diagnosis, causing delays in testing that could confirm or rule it out. Furthermore, imaging tests like CT scans or ultrasounds may yield inconclusive results. Interpreting these tests requires expertise, as subtle signs of cancer can be challenging to detect, potentially leading to misdiagnosis. 

Prostate cancer misdiagnosis 

Prostate cancer generally develops slowly and is more common in older men, though certain types can progress rapidly and affect younger men. Unfortunately, sometimes medical professionals fail to identify common warning signs due to negligence, inadequate examinations, or misdiagnoses. Some common misdiagnoses include UTIs, prostate enlargement, and prostatitis. 

How common is cancer misdiagnosis in the UK? 

When it comes to misdiagnosis of cancer in the UK, the numbers are unclear, however, a 2018 report found that 4 out of 10 people with cancer in the UK are misdiagnosed at least once before their disease is identified.

Furthermore, due to the disruptions caused by COVID-19, Macmillan estimates that over 50,000 people may have missed a cancer diagnosis by early 2021. 

From the above, it's not hard to assume that cancer misdiagnosis or delays in cancer diagnosis are more common than you might think.

What proof do I need for a cancer negligence or misdiagnosis claim? 

To increase your chances of success in a cancer misdiagnosis claim, you need to be able to prove that a doctor, or other health professional, was negligent in some way which caused you harm as a result. 

At Lawhive, our medical negligence solicitors can help you collect evidence to support your claim, including medical records, doctors’ notes, and witness statements.

Will the type of cancer I have affect my claim? 

You have the right to make a cancer misdiagnosis claim for any type of cancer. However, compensation amounts are determined by the severity of the injury or harm caused. 

Regardless of your type of cancer, Lawhive's medical negligence solicitors work hard to secure the right and fair amount of compensation for your case. 

Can I make a cancer misdiagnosis claim for someone else? 

You can make a cancer misdiagnosis claim on behalf of someone if they: 

• Are mentally incapacitated; 

• Under the age of 18; 

• Deceased. 

We understand that cancer misdiagnosis has wide-reaching effects far beyond the patient. We’re here to guide you through the claims process if you are acting on someone else’s behalf. 

How long do I have to make a cancer misdiagnosis claim? 

The general timeframe to make a cancer misdiagnosis claim is three years, starting from the date of diagnosis. Or, if you are representing someone who has passed away, you have three years to claim from the date of their death.

If you were under 18 at the time of diagnosis, a litigation friend can represent you until your 19th birthday. Or, after that, you can make a claim yourself up until your 21st birthday. 

Alternatively, if someone is mentally incapacitated, there is no specific time limit to make a claim. 

Speak to our cancer misdiagnosis solicitors today 

We know how tough it is when a cancer diagnosis is late or wrong, not just physically but emotionally, too. Our network of medical negligence solicitors has helped many people with cases like yours on a no-win, no-fee basis for their cancer diagnosis claim.  

To discuss your claim, contact us for a free case assessment from our expert legal team. We’ll help you fight to get the compensation you deserve following such a traumatic experience.