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Our medical negligence solicitors are highly experienced in helping clients who have been injured by negligent cancer care recover compensation for their injuries. We have helped clients rebuild their lives after they have suffered significant worsening of their condition or where cancer care negligence has led to the loss of a loved one. 

What is cancer negligence?

When a patient has cancer, timely referral, tests and investigations and treatment can make the difference between a return to health and ongoing quality of life or radical treatment and, sometimes, death.

Suspected cancer recognition and referral guidelines set by NICE (The National Institute for Health and Care Excellence) require healthcare professionals to recognise the importance of speed in referral, investigations and treatment in reducing injury to a patient who is suspected of having cancer.  

The NHS gives patients with signs of cancer the right to urgent referral and treatment as delays can:

  • increase the extent and severity of the condition;
  • allow the cancer to spread to other areas of the body (metastasis);
  • lead to the patient needing more radical treatment with greater side effects;
  • reduce the patient’s chance of survival;
  • increase the chances of recurrence;
  • increase ongoing pain and disability;
  • cause or increase psychological injury;
  • result in the patient’s death.

The worry and uncertainty of cancer makes it one of the toughest experiences that individuals and their families ever have to face. Where the patient’s condition and its consequences are made significantly worse by negligent medical treatment, the affected individual, or their bereaved dependant family, may be entitled to compensation.

Recent cancer negligence cases

£800,000 compensation for the bereaved partner and children of a 28-year-old woman who died  from ovarian cancer and its spread (metastasis) to other areas of her body, after years of negligent hospital failure to correctly diagnose and remove an ovarian cyst. After liability was admitted we secured an interim (advance) payment of £20,000 to ease the family’s financial hardship whilst we worked with our client and experts to value the claim.

£800,000 compensation for a client who developed cervical cancer after hospital and GP delays in reporting a smear test and referring her to a gynaecological specialist. She required intensive chemo-radiotherapy which left her with permanent, severe pain and psychological injury. We overcame the  defendants’ denial of liability and secured judgment for our client and a negotiated settlement.

£800,000 settlement for a woman who was given negligent advice (lack of informed consent) leading to inadequate treatment for CIN3 /severe dyskaryosis. She developed cervical cancer and suffered severe injury from her chemotherapy and radiotherapy treatment, including ongoing pain, problems with bowel, bladder and sexual function, and psychological symptoms.  She asked us to help her make a claim after other solicitors had refused to take on her case. 

£700,000 compensation for our client after hospital failure to follow up abnormal smear and biopsy results led to cervical cancer. Correct treatment would have avoided cancer. Instead, she suffered an early caesarean section to deliver her baby, chemo-radiotherapy with severe side effects, and has ongoing pain, fatigue, infertility, premature menopause, urinary and bowel dysfunction and psychological injury.  We secured interim payments of £50,000 earlier in the case to pay for therapies and treatment and ease financial hardship.

£575,000 compensation for a client who suffered recurrent cervical cancer after a hospital’s  inadequate reporting of colposcopy histology samples led to a series of missed opportunities to investigate, diagnose and treat her cervical cancer. Our client was left with physical and psychological injuries as a result of the recurrence and its treatment with chemo-radiotherapy.

£250,000 compensation settlement for the bereaved family of a young woman whose cervical cancer diagnosis and treatment were negligently delayed when a GP failed to refer her for a follow-up smear test. Chemo-radiotherapy treatment was initially thought to be successful, but she suffered a recurrence of the cancer and, despite intensive treatment, died 12 months later.

£265,000 settlement in a fatal claim arising from delayed diagnosis and treatment of a young woman’s cervical cancer.

£122,000 compensation for a client who suffered an extravasation injury, causing pain, blistering and permanent weakness to her dominant arm,  during chemotherapy treatment for breast cancer.

Liability (fault) judgment in an ongoing claim for a client who suffered cervical cancer needing radical chemo-radiotherapy after a biopsy and follow up smear test were incorrectly reported. She has been left with severe and debilitating bowel dysfunction, bladder problems, pain, nausea, premature menopause and a psychological injury, and is at increased risk of recurrence of the disease. We secured an interim payment to ease her financial hardship and meet her urgent needs whilst we carry out the necessary preparations for settlement.

When can you sue a hospital or GP for cancer negligence?

Clinical negligence claims for cancer negligence often arise from:

  • misdiagnosis or delays in cancer diagnosis;
  • delays in referring the patient for further investigations or specialist care;
  • failure to carry out tests or investigations;
  • misinterpretation of test results, such as x-rays or scans;
  • delays in surgery or other treatment;
  • communication and follow-up errors, e.g. failing to recall a patient for treatment after an abnormal cervical smear.

Claims are often made for compensation for additional injuries and their consequences from negligent diagnosis, referral, treatment and follow-up of cancers, such as:

  • cervical cancer;
  • Ewing’s sarcoma/spinal cancer;
  • brain tumour;
  • breast cancer;
  • bowel/colorectal cancer;
  • spinal tumour;
  • lung cancer;
  • ovarian cancer;
  • uterine cancer (cancer of the womb);
  • mouth/oral cancer.

Cancer, even where correctly treated, can cause devastating injury to the sufferer. This type of injury cannot be compensated through a cancer negligence claim, as it was not caused by substandard medical care.

The patient is entitled to compensation, however, for additional serious injury which was caused by negligent medical treatment, or which would have been avoided if an acceptable standard of care had been given. The avoidable harm caused by cancer negligence can be devastating for the individual and their family.  This greatly increases the pain, loss of function, distress, fear and worry, and financial consequences of this life-threatening condition at what is already an extremely difficult time.

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    Compensation for misdiagnosis of cancer/negligent medical care

    We have recovered substantial sums in compensation for clients whose cancer was negligently treated, resulting in:

    • impaired bowel and bladder function, e.g. incontinence;
    • loss of fertility;
    • paralysis;
    • loss of vision;
    • brain damage and neurological disability;
    • reduced lifespan;
    • increased risk of recurrence;
    • psychiatric/psychological damage;
    • metastasis (spread of cancer to other parts of the body);
    • post-treatment complications, including:
      • radiotherapy injuries;
      • neutropenic sepsis (related to chemotherapy);
    • death.

    Where the cancer negligence has resulted in ongoing disability, loss of function and other physical and psychological effects which have financial consequences, we can also help our clients recover compensation for their financial losses, such as:

    • necessary home adaptations, e.g. to improve bathroom accessibility;
    • cost of psychological counselling;
    • loss of earnings;
    • cost of household help or care;
    • costs and losses which follow the death of a family member and provider, such as:
      • funeral expenses;
      • bereavement payment (a statutory fixed payment);
      • loss of financial dependency and other care and support provided by a parent or other family member.
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    Meet your team

    Susan Brown

    Partner

    Richard Money-Kyrle

    Partner

    Julie Marsh

    Senior associate - solicitor

    Vanessa Wand

    Senior associate - solicitor

    Rachel Makore

    Associate - solicitor

    Alpa Rana

    Associate - solicitor

    Fran Rothwell

    Associate solicitor

    Sita Soni

    Associate - solicitor

    Tara Byrne

    Solicitor

    Ben Ireland

    Solicitor

    Audrey Elmore

    Medical records coordinator

    Aimee Gaston

    Trainee Solicitor

    Nicky Melville

    Professional support assistant

    How much compensation can you get for medical negligence?

    How to make a medical negligence claim?

    How long do medical negligence claims take?

    How to fund a medical negligence claim?

    How can you prove medical negligence?
    Is there a time limit for claiming medical negligence compensation?
    Will I need to go to court to claim medical negligence compensation?

    Cancer negligence cases

    Awards & Accreditations

    Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients

    What our clients say

    Our clients constantly recognize us as the most experienced, professional, efficient and supportive

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    "Very Professional "

    Boyes Turner helped me through one of the toughest times in my life. They were very professional whilst remaining friendly. At times the process was emotionally tough but they were very patient with me and went through everything with me until I understood it. I cannot recommend them enough. 

    Boyes Turner Client

    "We cannot thank Susan and her team at Boyes Turner enough"

    Words cannot express how grateful we are to Susan and her team for the level of commitment and dedication shown to our family during a time which would be difficult for anyone. Susan demonstrates a calm professional manner which helped us to feel at ease. Her level of knowledge has proven to be the best in the field and we fully recommend her to anyone seeking to investigate birth injury claims. You can be confident that Susan and her team will scrutinise the medical notes thoroughly and will keep you well informed throughout the process. We are very pleased with the outcome of our child’s case and know that her work has resulted in justice being achieved. Our family will now be able to move forward in the knowledge that the finances are securely in place for our child to receive a suitable care package, purchase equipment and receive necessary lifelong therapy. We cannot thank Susan and her team at Boyes Turner enough.

    Boyes Turner Client

    "I would like to say a huge thank you to Fran Rothwell"

    I would like to say a huge thank you to Fran Rothwell for the exceptional work that she has carried out on my behalf. She is knowledgeable, efficient and has great attention to detail.Fran has kept me informed throughout the entire process and has been a great support to me, always being at the end of the phone, or on an email, whenever I needed her. She truly wants the best for her client and is passionate about getting justice. Fran also has a kind and compassionate nature and takes her time to explain what is going on in a clear and simple way. This has been extremely helpful to me during a difficult time.It is certainly reassuring having such strong women behind me.

    Boyes Turner Client

    "The journey with Julie was interesting! "

    From a speculative inquiry to a life changing award, the journey with Julie Marsh was interesting. Julie kept me informed along the way explaining exactly what was going on and more importantly why. The team that was assembled certainly knew their stuff which meant I got all the necessary support to keep going. Thank you all. 

    Kevin Ridsdale

    "Successfully negotiated a full and fair compensation"

    Boyes Turner staff were always helpful and quick to respond. Communicating from the other side of the world presented no problems. Boyes Turner secured generous early interim payments that allowed me to continue my (non-funded) medical treatment that otherwise I could never have afforded. My Boyes Turner solicitor successfully negotiated a full and fair compensation and continuation of funding for future medical treatment and associated costs giving me great peace of mind. Thank you so much Annabelle! I would recommend Boyes Turner solicitors. They are professional, courteous and helpful. 

    Brian