At nhsnegligenceclaim.com, we understand how stressful and overwhelming cancer negligence can be. Our specialist cancer negligence claims solicitors are experienced in handling all types of cancer related claims, and will fight on your behalf to secure the compensation you deserve.
What is Cancer?
Cancer refers to the uncontrolled growth of abnormal cells that can potentially destroy normal body tissue. These abnormal cells create a tumour and, if left untreated can cause a number of problems, including:
Cancer negligence can take different forms, including poor treatment of the condition, cancer misdiagnosis and delayed diagnosis. Whatever form it takes, cancer negligence can cause a patient harm and require more aggressive treatment; definitely more than would have been administered if diagnosis or treatment was done in accordance with the standard of care.
Examples of cancer negligence include:
When a health professional fails to discharge their duty in accordance with the acceptable standard of care and this results in harm to a patient, they may be held liable for negligence. However, to establish that there was a breach of a medical professional’s duty of care, you will need the support of specialist medical negligence solicitors.
Am I Entitled to a Cancer Negligence Claim?
As noted above, you may be entitled to a claim for cancer negligence if your doctor has breached his/her duty of care towards you. If misdiagnosis or poor treatment of cancer has resulted in injury to you or a loved one, or even the death of a loved one, you may be able to pursue a claim for cancer negligence.
Making Claims Against the NHS for Cancer Negligence
The National Health Service (NHS) usually does a fantastic job of protecting the health of its patients. However, things can and do go wrong. When they do and you decide to pursue a claim for cancer negligence, the NHSLA (NHS Litigation Authority) handles such cases.
In the vast majority of cases, the NHSLA is able to resolve claims out of court. You can claim compensation for the pain and suffering endured, ongoing/future medical care required, inability to perform routine tasks, loss of earnings, home modifications, psychological damage and cost of personal care.
Making Claims for Late/Delayed Cancer Diagnosis
Late or delayed diagnosis of cancer can unnecessarily delay the treatment of the condition. If your doctor missed cancer diagnosis or provide the correct diagnosis at a significantly later time, you can make claims for cancer misdiagnosis if the doctor’s actions has caused you further suffering.
Late or delayed diagnosis means prompt action cannot be taken to treat the patient, and includes incidents where – even if prompt diagnosis was made – the attending health professional failed to promptly refer the patient to the right specialist. It also includes situations where appropriate tests weren’t done or medication wasn’t administered early enough.
If your doctor has misdiagnosed your condition, get in touch with our specialist cancer misdiagnosis solicitors to find out whether there are grounds for cancer misdiagnosis claims. We will also give you an idea on what to expect for how much compensation for misdiagnosis of cancer.
Making Claims for Wrongfully Diagnosed Cancer
On rare occasions, patients are falsely diagnosed with cancer due to a medical professional’s lack of knowledge of cancer symptoms or incompetence. Wrong cancer diagnosis can result in physical and emotional harm long after the incident.
Cancer treatments include radiotherapy and chemotherapy and come with a range of risks and side effects. Unnecessary exposure to radiation therapy can irreversibly affect the health of a patient and means that the right treatment for the patient’s true condition will be delayed or missed. Surgical procedures also come with a number of risks, and can lead to permanent physical and psychological damage.
If you have been falsely diagnosed with cancer, you may be entitled to compensation for the physical, psychological damage you have suffered. You may also receive compensation for the stress and depression endured as a result of the negligent treatment.
Making Claims for Incorrect or Inappropriate Cancer Treatment
If you have been correctly diagnosed but the quality of treatment you receive is poor, the results can be devastating. Whether your treatment is done via surgery, chemotherapy, radiotherapy or hormonal therapy, your medical professional has a duty to ensure the process is done and managed well. For instance, chemotherapy may sometimes lead to infections or weaken the immune system; if the immune system is weak, doctors must administer the right dosage of immunotherapies to jumpstart the immune system. Surgeries can also expose a patient to the risk of infection, so your health professional must ensure surgical wounds are kept clean and medical devices such as ports and catheters are sterile.
If your healthcare professional fails to apply reasonable level of care during your cancer treatment and this causes you harm, our cancer negligence claims solicitors can help you make a claim.
How to Start a Cancer Negligence Claim
When you contact us, we will arrange for a free, no obligation initial consultation with one of our cancer negligence claims solicitors to discuss details of your case. If we think there are grounds for a cancer negligence claim, our specialist solicitors will help you gather supporting evidence to show there was a breach of duty towards you.
For your claim to be successful, you must show that the standard of care you received was poor and that it has caused you harm. You may not be awarded compensation if your condition did not get worse despite negligent treatment.
The claim for cancer negligence must be filed against the medical professional or NHS body responsible for your care. To make this process as easy and hassle-free as possible, call us for a free confidential consultation to put your claim in motion.
How Much Compensation Can I Claim for Cancer Negligence?
The medical negligence cancer payouts you could claim will depend on:
For instance, if you have been a victim of delayed cancer diagnosis, the actual negligent treatment occurred at the time the diagnosis was missed. However, you would likely be unaware that cancer was diagnosed too late until the correct diagnosis is made weeks or even months later. In this case, the three-year limitation period will begin to run from your ‘date of knowledge’ – which is the date you became aware or ought to have become aware that your injury was due to negligent treatment.
Other exceptions to the general three-year time limit include:
In some cases where the person never regains capacity, the time limit will not begin and a claim can be started at any time.
- Our cancer negligence claims solicitors will likely offer to work with you on a No Win No Fee basis. Under this arrangement, you do not experience the added burden of the legal costs associated with a medical negligence claim. Also known as a Conditional Fee Agreement, it can be help mitigate the financial risks of making a claim; you do not have to pay any upfront legal fees to have access to the best legal representation available. If your claim is unsuccessful, you will not have to pay any fees. If our solicitors are able to help win your case, a success fee will be deducted from your final compensation award.
We work with a panel of specialist NHS solicitors who will speak to you about your situation, reviewing and advising on whether there is a reasonable chance of success. Our solicitors consider the impact of the alleged negligent treatment on your life, including the physical and mental damage, lost income and future estimated losses, and the cost of care.
With this out of the way, we help you obtain medical evidence required to build your claim; we can make arrangements for an independent medical expert to help with this. We will build a strong and undeniable claim on your behalf and let your healthcare provider know of your intention to bring a claim, including the appropriate compensation for your injury.
Usually, our specialist cancer negligence claims solicitors are able to negotiate an out of court settlement. However, if the alleged negligent party does not accept liability or fails to offer an appropriate compensation amount, we will support you all the way to trial.
Contact us today on 0800 644 4240 to find out how we can help.