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CANCER MISDIAGNOSIS MEDICAL NEGLIGENCE





Tens of thousands of people in the UK are diagnosed with cancer every year but for every one of those people fortunate enough to receive early diagnosis and treatment giving them the chance of recovery there are many more who are not so fortunate and suffer because of misdiagnosis or misinterpreted test results. Cancer misdiagnosis is extremely common and those whose illness worsens as a result of medical negligence have the right to claim compensation for personal injury including damages for loss of the chance of recovery.


COMPENSATION HELPLINE 0845 177 0929


Negligent Misdiagnosis


There is no unavoidable reason why cancer should be misdiagnosed. The stakes are so high that there is simply no excuse for medical negligence. Human error does play a major part in medical negligence however lost records, misread tests, ignored complaints and failure to refer to a specialist are simply unacceptable excuses.

Early detection of cancer is important in giving the patient a better chance of recovery, improving quality of life and increasing survival rates after treatment. Unfortunately, many cancer sufferers discover they have the illness when it is well advanced often due to healthcare professionals missing the early warning signs. Cancer misdiagnosis is one of the most common types of Medical Negligence compensation claims in the UK.

Chemotherapy and radiotherapy are used to treat cancer and whilst many patients make a complete recovery, the toll taken on the body can be high. Early detection can reduce the severity of treatment and increase quality of life and survival rates. It is therefore essential that the cancer is picked up as soon as possible.

There can be many reasons why a patient is misdiagnosed as not having cancer or why there is a delay in diagnosis which worsens the disease. Common mistakes include not following up on the patient’s genuine complaints, erronious test results, misreading of test results or X-rays, lost records and not referring the patient to a specialist. These issues can indicate that there has been medical negligence that can ultimately lead to the cancer advancing thereby requiring more severe and uncomfortable treatment.


COMPENSATION HELPLINE 0845 177 0929


Missed Opportunity for Treatment


The most common cancers involve the breasts, cervix, testicles, prostate, colon, stomach and lungs. The only effective treatments of cancer are radiotherapy, chemotherapy and surgery provided that they are started in the early stages of the disease. Negligent misdiagnosis however ensures that the victim does not get the chance to fight cancer properly as diagnosis is usually delayed until the illness has reached an advanced state at which point it is often untreatable. Whilst no one can predict the outcome if treatment had started earlier the courts take a pragmatic view and award damages for medical negligence based on the concept of missed opportunity for treatment whether or not that treatment would have been successful.


COMPENSATION HELPLINE 0845 177 0929


Early Diagnosis Failure


The usual key to successful treatment is early diagnosis which may dramatically improve quality of life, survival chances and life expectancy and if a health care professional has failed through their negligence to diagnose the illness in a timely manner then a specialist cancer lawyer may be able to obtain a settlement for the worsening of the illness. Chemotherapy and radiation are designed to kill living cells and the pain and suffering and financial hardship caused as a result of these treatments can be horrendous. Early diagnosis may mean less pain and suffering, less financial hardship and a greater chance of survival. Many medical mistakes can lead to a delay in diagnosis which may deprive patients of the chance for a cure, or delay early treatment to minimise pain and discomfort and these include lost records, failing to realize the importance of a patient’s complaints, treating a patient inappropriately, misreading x-rays, inaccurate test results or failing to refer a patient to a cancer specialist.


COMPENSATION HELPLINE 0845 177 0929


Common Legal Action


Cancer medical negligence is not confined to any particular type of this condition and mis-diagnosis occurs across the full spectrum of the disease however the most common ailments that result in legal action include :-

Ovarian
Advances in medical knowledge have made treatment effective for those diagnosed at an early stage however delayed diagnosis often deprives patients of the cure that would often have been available if diagnosis had been made earlier.

Breast
Early treatment often cures this disease however it can go undetected or be mis-diagnosed for a long period thereby delaying the start of treatment. More legal claims relate to this condition than any other.

Lung
Detection of this disease often involves complicated scientific methods including radionuclide investigation, mediastinoscopy, CAT and MRI scans. There is substantial potential for error arising from these techniques.

Cervix
Smear tests tend to be good indicators of pre-cancerous changes and this condition is often curable. Tests must be appropriately performed and interpreted correctly by specialists. Early detection tends to ensure high survival chances with rapid and appropriate treatment.

Prostrate
This is the most common cancer to be found in men with over 30,000 diagnoses per year. 10% of sufferers will die from the disease, however this carcinoma can be detected through PSE screening and recovery chances are good if detection occurs while the cancer is at an early stage.

Colon
Cancer of the colon is the second leading cause of carcinoma death in Britain however misdiagnosis can occur when medical practitioners fail to properly assess complaints of rectal bleeding.


COMPENSATION HELPLINE 0845 177 0929


False Positive Diagnosis


One matter that often arises which frequently results in a cancer medical malpractice claim relates to the phenomena known as ‘false positive diagnosis’. This occurs when a positive diagnosis of the condition is made due to technical error when in fact there is no disease present. In the initial stages the patient suffers psychologically in the mistaken belief that there may be a death sentence hanging over them and thereafter must endure unnecessary treatment that is often uncomfortable and distressing often with dangerous and damaging side effects that in themselves can be a threat to life and may shorten the victim’s life expectancy. This scenario will almost always give grounds for making a claim for compensation based on negligence by the health care provider.


COMPENSATION HELPLINE 0845 177 0929


Specialist Medical Negligence Solicitors


If you discover cancer that has worsened as a result of delays by your doctor or through misdiagnosis you should discuss the possibility of a personal injury compensation claim with a specialist medical negligence solicitor. Time limits do apply and failure to comply with the limitation legislation may mean that the opportunity to claim compensation is lost forever. To preserve your legal right to receive compensation you should act now without delay.


SOLICITORS COMPENSATION HELPLINE 0845 177 0929