Making A Claim For A Delayed Diagnosis Of Cancer

A diagnosis of cancer is devastating in any circumstance. It is important for patients to know that their diagnosis has been confirmed at the earliest possible opportunity and treatment started. Early detection of cancer is key to a successful outcome in many cases. A delayed diagnosis of cancer can be detrimental to treatment options and prognosis for the patient. Unfortunately, there are cases in which negligent medical care has resulted in delays in diagnosis or treatment.

In circumstances where diagnosis and/or treatment has been impacted by a delayed diagnosis, you may be able to claim compensation for negligence.

Compensation claims for delayed diagnosis of cancer

To succeed in a medical negligence claim for a delayed diagnosis of cancer, the Claimant must prove the following:

A healthcare provider always owes their patient a duty of care when providing treatment. However, all three elements must be proved for a successful medical negligence claim.

Breach of duty

Allegations of a breach of duty of care can occur in both a hospital and a GP setting. Common problems relating to cancer treatment include:

To succeed with a medical negligence claim, it would need to be proven that the care provided fell below the standard to be expected of a reasonable and responsible body of medical experts in that field.

Causation

Establishing causation in a medical negligence claim is not a straightforward matter. It is the hypothetical question of what would have happened had there not been a breach of duty of care.

When considering causation in a claim relating to delayed diagnosis of cancer, it would need to be considered whether the outcome of a patient’s cancer treatment would have been different had there not been a delay.

It is for the claimant to prove causation on the balance of probabilities. It must be proved that it is more than 50% likely that the alleged negligence caused avoidable injury.

Expert evidence

Independent medical experts are vital to any medical negligence claim.

The expert will be required to carefully consider all of the evidence before confirming whether, on a balance of probabilities, the care provided fell below the standard to be expected of a reasonably competent body of medical opinion within that specialism. Cancer claims will often require the independent opinions of multiple medical experts.

Regardless of whether an expert is instructed by a claimant or defendant, their overriding duty is to the Court. Each expert must provide a Statement of Truth within their report confirming that they have complied with their duty to provide a complete, accurate, and independent report.

Comment

Medical misdiagnosis compensation claims are particularly complex due to the scientific issues involved, so it is important to speak with specialist medical negligence solicitors who understand both the legal and medical issues.