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Home / Medical negligence / Cancer negligence claims

Cancer negligence claims

Our medical negligence solicitors secure life-changing compensation settlements for patients who have suffered significant additional injury and disability as a result of delayed diagnosis and treatment of cancer.
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Recovery from cancer depends on early diagnosis and timely, effective treatment. Mistakes in screening, follow up, diagnosis and referral can all lead to delays in treatment. If delays and mistakes result in progression of the untreated cancer, the patient may need more radical and invasive treatment and suffer additional disability.

If you have suffered severe injury and permanent disability as a result of negligent diagnosis or treatment of cancer, our experienced cancer claims solicitors can help you obtain the support you need by making a claim for compensation.

Get in touch with our experienced medical negligence solicitors - we can help.

Starting a cancer negligence claim

For more than 30 years, Boyes Turner's medical negligence solicitors have guided severely injured patients through the claims process to secure the compensation and specialist support that they need to manage their disability and rebuild their lives.

You can contact us by telephone or by email for free, confidential advice from a medical negligence solicitor. We will ask you to tell us briefly about your healthcare leading up to your cancer diagnosis and its treatment, and advise you about your time limits and whether we can help you investigate your claim. Once our investigations confirm you have grounds for a claim, we will notify the defendant healthcare provider (usually represented by NHS Resolution) on your behalf and invite them to respond, giving them an opportunity to admit liability (responsibility for your injuries) before court proceedings are issued.

If liability is admitted, we will obtain a judgment from the court and apply for a substantial interim payment to meet your needs arising from your injury and disability. If the healthcare provider or their legal representatives at NHS Resolution deny liability, we will advise you about the best way to proceed your claim. This may involve issuing court proceedings or inviting NHS Resolution to enter into settlement negotiations or mediation.

Find out more from our guide on making a medical negligence claim
 
Susan Brown photo

Susan Brown

Partner, Medical negligence

No win, no fee
No hidden or upfront costs. Clear, straightforward advice. Nothing to pay unless your claim succeeds.
Over 30 years’ experience
We have helped thousands of clients claim compensation.
Fully regulated
Authorised and regulated by the Solicitors Regulation Authority.
Josie's story
A cervical cancer compensation claim
Watch the video
3min 9secs
Watch the video
3min 9secs

Following a delay in diagnosis of cervical cancer, Josie required help with dealing with the after effects of treatment that would have been unnecessary.

Our expert medical negligence team recovered compensation which covered the loss of earnings and the purchase of aids to allow Josie to get back to living life as normally as possible.

"The hospital accepting they made a mistake has put a lid on a box that has been open for quite some time and has given us some closure. As a result of the negligence claim, I now have a better understanding of my cancer and have a better understanding of the side effects and how I deal with them."

Read Josie's cervical cancer story. 

Our cancer negligence cases

View all
£800,000 compensation for family of 28-year-old mother who died from cancer after years of negligent healthcare £800,000 compensation for family of 28-year-old mother who died from cancer after years of negligent healthcare
£800,000 settlement for patient after GP and hospital delays in treatment for cervical cancer £800,000 settlement for patient after GP and hospital delays in treatment for cervical cancer
£700,000 settlement for cervical cancer after hospital failed to follow up abnormal smear and biopsy £700,000 settlement for cervical cancer after hospital failed to follow up abnormal smear and biopsy
GP negligence

Dec 2024

 Liability admission and £50,000 interim payment after delayed diagnosis of bowel cancer
Cancer of the cheek

Nov 2024

 Admission of liability for injury caused by delayed treatment of buccal mucosa cancer
Delayed cancer diagnosis

Aug 2023

 £95,000 settlement after extravasation negligence delays life-saving chemotherapy treatment

Feb 2022

 £750,000 settlement for physical and psychological injury from delayed diagnosis and treatment of cervical cancer

Sep 2021

 £250,000 settlement in fatal claim after two GPs misdiagnose malignant melanoma as verruca

Aug 2021

 £800,000 settlement for client after negligent treatment for CIN3 led to cervical cancer

Jul 2021

 £175,000 settlement after extravasation causes pain, scarring, physical and psychological injury
Liability judgment and interim payment after delayed diagnosis and treatment of cervical cancer
Image of mother and father with a daughter £800,000 compensation for family of 28-year-old mother who died from cancer after years of negligent healthcare
/our-cases/265000-settlement-womans-bereaved-family-after-gp-and-hospital-delayed-diagnosis £265,000 settlement for woman’s bereaved family after GP and hospital delayed diagnosis and treatment of cervical cancer
£250,000 compensation for additional injury from delayed diagnosis of cervical cancer
£165,000 settlement for delayed diagnosis of testicular cancer
£290,000 settlement after negligent bowel surgery leads to septic shock and multi-system failure
image of two people £50,000 compensation recovered after a delay in bone cancer diagnosis
photo of a doctor taking tests £800,000 settlement for patient after GP and hospital delays in treatment for cervical cancer
Image of young mother in hospital Judgment for young mother diagnosed with avoidable cervical cancer
photo of a boy £480,000 settlement for additional sight-loss from delayed diagnosis of craniopharyngioma
Image of woman in hospital bed £700,000 settlement for cervical cancer after hospital failed to follow up abnormal smear and biopsy
Hospital admission of liability for a young woman who developed cervical cancer
Image of holding hands £575,000 compensation settlement following a delay in diagnosis of cervical cancer
Delay in diagnosis of breast cancer
£122,000 settlement for woman following extravasation chemical burn injury during chemotherapy
Image of man in wheelchair £165,000 settlement for a client with bowel, bladder and psychological injuries after negligent bowel cancer surgery
Image of man in hospital Delayed diagnosis of testicular cancer claim settled for £165,000 compensation

What our clients say

"Professional lawyer"

Julie has sharp attention to detail and well organised. All the time was updating me with information and answered to all my questions. Her confidence helped me move forward with my case. The best law firm I could ever had.

Vaida

"Knowledgeable, friendly and a pleasure to work with"

We had an outstanding experience with Boyes Turner Solicitors. From start to finish, their professionalism and expertise were evident, making the entire process smooth and stress-free. Their knowledge in the field is excellent, and they communicated with us clearly and promptly at every stage. We were especially impressed by how approachable and friendly the entire team was – they made us feel genuinely cared for throughout. While we're relieved that everything is now resolved, there’s a part of us that will miss the regular contact with such a fantastic group of people. We couldn’t recommend them more highly!

Boyes Turner Client

"Amazing service"

From the first contact with Boyes Turner, I have received a professional, compassionate and first rate service. Julie Marsh has been amazing and I would recommend this firm and especially Julie to anyone. My claim was due to a traumatic experience which has resulted in an embarrassing condition. I received so much reassurance and support and would like to thank the team for that , as well as a fantastic result!

Kay

"Great work all round."

Working With Ben was very easy. He kept us well informed of what and how everything was working. He explained lots of legal jargon and was very sympathetic and sensitive to me and the situation. Reaching a resolution relatively quickly given the circumstances.

Malcolm

"Cauda equina settlement"

Julie marsh and her team have made a very distressing and stressful process much less pain less she has explained every part of the process in way that I can understand and not just in legal speak I can’t rate all of them highly enough

Boyes Turner Client
Rated Excellent

Cancer medical negligence claims FAQs

What are cancer medical negligence claims?

For patients with cancer, timely referral, investigations and treatment provide the best chance of a return to a healthy quality of life. Mistakes and delays during the patient’s journey from screening or first symptoms to eventual treatment can result in life-threatening progression or worsening of the cancer and lasting side effects or disability from more radical treatment. Mistakes in the choice of treatment, surgical or radiological technique, or in the information and advice that is given to patients can also result in significant but avoidable permanent injury.

When negligent cancer care leaves the patient with severe injury or disability which should have been avoided with correct and timely care, they may be entitled to make a cancer negligence compensation claim.

What mistakes lead to cancer negligence claims?

Cancer negligence claims often involve one or more of the following mistakes in the care of patients with suspected or diagnosed cancer:

  • delayed recognition of red flag, signs and symptoms of cancer;
  • delay or failure to refer the patient for investigations or specialist care;
  • failures, delays or errors (misdiagnosis) in diagnosis of cancer;
  • failure to carry out, chase up or follow up tests or investigations;
  • misinterpretation of test results, such as x-rays, scans, biopsies, blood tests or smears;
  • delayed surgery or other treatment;
  • use of incorrect treatment, dose or technique;
  • communication and follow-up errors, (failing to follow up/recall a patient after abnormal investigation or screening results);
  • extravasation errors.

What are cancer delay negligence claims?

The NHS gives patients with suspected or diagnosed cancer the right to urgent referral and treatment. This is because many types of cancer are progressive and invasive, which means that the cancer will continue to grow in size (stage) and spread to other areas of the body (metastasis) during any delays in the patient’s diagnosis and treatment.

Some types of pre-cancerous or early stage cancers can be prevented or require less invasive treatment if they are detected and treated at an early stage. This is the reason that screening programmes for cervical and other cancers can be effective in preventing severe harm from the disease. If the cancer is allowed to progress as a result of negligent delays, the patient may need more radical treatment. Radical treatments such as combined chemo-radiotherapy or brachytherapy (internal radiation therapy) can cause lasting painful and disabling side effects.

Delays in treatment of cancer can also reduce the patient’s chance of survival and increase their risk of recurrence. Many of our clients who have suffered the devastating consequences of delays in their cancer diagnosis and treatment also experience psychological injury. 

What types of cancers are commonly associated with cancer negligence claims?

NHS patients with suspected signs of any type of cancer have the right to receive an acceptable standard of medical care. Cancer negligence claims more commonly involve types of cancer where delays or mistakes in diagnosis and treatment have a life-changing but avoidable impact on the patient’s health and function. These include:

  • cervical cancer;
  • spinal cancers and tumours;
  • brain tumours;
  • skin cancer/melanoma;
  • breast cancer;
  • bowel/colorectal cancer;
  • prostate cancer;
  • ovarian cancer;
  • uterine cancer (cancer of the womb);
  • mouth/oral cancer lung cancer;
  • lung cancer.

Where lung cancer has been caused by exposure to asbestos, our mesothelioma and asbestos disease specialists can help.

What type of injuries can be compensated in a cancer medical negligence claim?

Cancer can cause devastating injury to the sufferer, even when it is correctly treated, but only injuries which are caused by negligence can be included in a compensation claim. Cancer  medical negligence claims can only compensate patients for additional, avoidable, significant injury that has been caused by negligent mistakes or delays in their medical treatment. These  injuries depend on the type of cancer, but can include:

  • brain injury and neurological disability;
  • paralysis;
  • impaired bowel and bladder function or incontinence;
  • loss of fertility;
  • loss of vision;
  • severe psychological injury, such as PTSD;
  • reduced lifespan or increased risk of recurrence;
  • metastasis (spread of cancer to other parts of the body);
  • complications from radiotherapy or chemotherapy (neutropenic sepsis):
  • burns and scarring;
  • fatal injury.

How much compensation can I get in a cancer medical negligence claim?

In addition to a sum for the patient’s additional pain, suffering and disability that was caused by the negligent cancer treatment, the claim will include compensation for the additional costs and financial losses suffered by the patient as a result of their additional injury. This might include sums for:

  • necessary home adaptations or equipment, e.g. to improve bathroom accessibility;
  • costs of household help or care;
  • psychological counselling;
  • loss of earnings.

Where the negligent care caused the patient’s death, their bereaved dependent family also may be able to claim compensation for funeral expenses, a statutory bereavement payment and the loss of their income or ‘services’, such as housework, DIY or childcare.

What are the time limits for a cancer negligence claim?

The law states that, in most cases, a patient who has been injured as a result of medical negligence has three years from the date of the negligence which caused the injury to issue court proceedings. If they fail to issue court proceedings within that time, their claim will be statute barred, meaning that they lose their right to bring a claim. The three-year deadline is known as the limitation period.

There are the following exceptions to the three-year rule:

  • if a child is injured before they are 18, their three-year deadline expires on their 21st birthday, in other words, their time doesn’t start to run until they are 18;
  • if the injured person is mentally disabled (lacks mental capacity) then their time doesn’t begin to run at all, unless their mental capacity is restored;
  • where the injured person has died as a result of negligent treatment, the three-year time limit expires three years after the date of their death;
  • if the injured person did not suspect or could not reasonably think they had been injured by negligence, the three-year time period will start to run when the injured person first became aware (or should have suspected) that they had been injured by negligent care;
  • the court has a general discretion to extend the time limit in cases where none of the above exceptions apply, but only does so in exceptional circumstances.

Regardless of your time limit, we recommend that you contact our medical negligence solicitors as soon as you can, even if you are still only considering whether to make a claim. This allows us to advise you about the deadlines that apply to your own circumstances, as well as how to ensure you have the best chance of early financial help and support, and a successful claim.

Medical Negligence FAQs
 

What are cancer medical negligence claims?

For patients with cancer, timely referral, investigations and treatment provide the best chance of a return to a healthy quality of life. Mistakes and delays during the patient’s journey from screening or first symptoms to eventual treatment can result in life-threatening progression or worsening of the cancer and lasting side effects or disability from more radical treatment. Mistakes in the choice of treatment, surgical or radiological technique, or in the information and advice that is given to patients can also result in significant but avoidable permanent injury.

When negligent cancer care leaves the patient with severe injury or disability which should have been avoided with correct and timely care, they may be entitled to make a cancer negligence compensation claim.

What mistakes lead to cancer negligence claims?

Cancer negligence claims often involve one or more of the following mistakes in the care of patients with suspected or diagnosed cancer:

  • delayed recognition of red flag, signs and symptoms of cancer;
  • delay or failure to refer the patient for investigations or specialist care;
  • failures, delays or errors (misdiagnosis) in diagnosis of cancer;
  • failure to carry out, chase up or follow up tests or investigations;
  • misinterpretation of test results, such as x-rays, scans, biopsies, blood tests or smears;
  • delayed surgery or other treatment;
  • use of incorrect treatment, dose or technique;
  • communication and follow-up errors, (failing to follow up/recall a patient after abnormal investigation or screening results);
  • extravasation errors.

What are cancer delay negligence claims?

The NHS gives patients with suspected or diagnosed cancer the right to urgent referral and treatment. This is because many types of cancer are progressive and invasive, which means that the cancer will continue to grow in size (stage) and spread to other areas of the body (metastasis) during any delays in the patient’s diagnosis and treatment.

Some types of pre-cancerous or early stage cancers can be prevented or require less invasive treatment if they are detected and treated at an early stage. This is the reason that screening programmes for cervical and other cancers can be effective in preventing severe harm from the disease. If the cancer is allowed to progress as a result of negligent delays, the patient may need more radical treatment. Radical treatments such as combined chemo-radiotherapy or brachytherapy (internal radiation therapy) can cause lasting painful and disabling side effects.

Delays in treatment of cancer can also reduce the patient’s chance of survival and increase their risk of recurrence. Many of our clients who have suffered the devastating consequences of delays in their cancer diagnosis and treatment also experience psychological injury. 

What types of cancers are commonly associated with cancer negligence claims?

NHS patients with suspected signs of any type of cancer have the right to receive an acceptable standard of medical care. Cancer negligence claims more commonly involve types of cancer where delays or mistakes in diagnosis and treatment have a life-changing but avoidable impact on the patient’s health and function. These include:

  • cervical cancer;
  • spinal cancers and tumours;
  • brain tumours;
  • skin cancer/melanoma;
  • breast cancer;
  • bowel/colorectal cancer;
  • prostate cancer;
  • ovarian cancer;
  • uterine cancer (cancer of the womb);
  • mouth/oral cancer lung cancer;
  • lung cancer.

Where lung cancer has been caused by exposure to asbestos, our mesothelioma and asbestos disease specialists can help.

What type of injuries can be compensated in a cancer medical negligence claim?

Cancer can cause devastating injury to the sufferer, even when it is correctly treated, but only injuries which are caused by negligence can be included in a compensation claim. Cancer  medical negligence claims can only compensate patients for additional, avoidable, significant injury that has been caused by negligent mistakes or delays in their medical treatment. These  injuries depend on the type of cancer, but can include:

  • brain injury and neurological disability;
  • paralysis;
  • impaired bowel and bladder function or incontinence;
  • loss of fertility;
  • loss of vision;
  • severe psychological injury, such as PTSD;
  • reduced lifespan or increased risk of recurrence;
  • metastasis (spread of cancer to other parts of the body);
  • complications from radiotherapy or chemotherapy (neutropenic sepsis):
  • burns and scarring;
  • fatal injury.

How much compensation can I get in a cancer medical negligence claim?

In addition to a sum for the patient’s additional pain, suffering and disability that was caused by the negligent cancer treatment, the claim will include compensation for the additional costs and financial losses suffered by the patient as a result of their additional injury. This might include sums for:

  • necessary home adaptations or equipment, e.g. to improve bathroom accessibility;
  • costs of household help or care;
  • psychological counselling;
  • loss of earnings.

Where the negligent care caused the patient’s death, their bereaved dependent family also may be able to claim compensation for funeral expenses, a statutory bereavement payment and the loss of their income or ‘services’, such as housework, DIY or childcare.

What are the time limits for a cancer negligence claim?

The law states that, in most cases, a patient who has been injured as a result of medical negligence has three years from the date of the negligence which caused the injury to issue court proceedings. If they fail to issue court proceedings within that time, their claim will be statute barred, meaning that they lose their right to bring a claim. The three-year deadline is known as the limitation period.

There are the following exceptions to the three-year rule:

  • if a child is injured before they are 18, their three-year deadline expires on their 21st birthday, in other words, their time doesn’t start to run until they are 18;
  • if the injured person is mentally disabled (lacks mental capacity) then their time doesn’t begin to run at all, unless their mental capacity is restored;
  • where the injured person has died as a result of negligent treatment, the three-year time limit expires three years after the date of their death;
  • if the injured person did not suspect or could not reasonably think they had been injured by negligence, the three-year time period will start to run when the injured person first became aware (or should have suspected) that they had been injured by negligent care;
  • the court has a general discretion to extend the time limit in cases where none of the above exceptions apply, but only does so in exceptional circumstances.

Regardless of your time limit, we recommend that you contact our medical negligence solicitors as soon as you can, even if you are still only considering whether to make a claim. This allows us to advise you about the deadlines that apply to your own circumstances, as well as how to ensure you have the best chance of early financial help and support, and a successful claim.

 

Why choose Boyes Turner?

Watch the video
1min 25 sec

“Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.”

We are nationally acclaimed for our claimant medical negligence expertise and the outstanding results we achieve for our clients.
Our integrated multidisciplinary team offers our clients a full range of specialist help with compensation, rehabilitation, SEN, deputyship, personal injury trusts and community care.
We are ranked as leading clinical negligence experts in the Chambers Directory and Legal 500 guides to the legal profession and are accredited for their specialist expertise by the Law Society, AvMA, and the Association of Personal Injury Lawyers (APIL).
We are ranked as leading clinical negligence experts in the Chambers Directory and Legal 500 guides to the legal profession and are accredited for our specialist expertise by the Law Society, AvMA, and the Association of Personal Injury Lawyers (APIL).
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Our people

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Susan Brown

Partner

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Julie Marsh

Partner

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Richard Money-Kyrle

Partner

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Sita Soni

Senior Associate - Solicitor

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Vanessa Wand

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Rachel Makore

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Tara Pileggi-Byrne

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Alpa Rana

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Fran Rothwell

Fran Rothwell

Associate - Solicitor

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Ben Ireland

Solicitor

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Alice Carley

Paralegal

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Hannah Lindley

Hannah Lindley

Trainee Solicitor

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Nicky Melville

Paralegal

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Audrey Elmore

Medical records coordinator

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Related cancer negligence news View all

Feb
22
2024
Patients Association calls for better access to diagnostic tests to reduce patient harm
22 Feb 2024
By Richard Money-Kyrle
Feb
15
2024
HSSIB finds patients at risk of harm from patient identification errors during NHS treatment
15 Feb 2024
By Richard Money-Kyrle
Dec
01
2023
HSSIB calls for GP continuity of care to improve patient care and avoid delayed diagnosis
01 Dec 2023
By Susan Brown
Aug
23
2023
Brain Tumour Charity’s survey finds delays and gaps in brain tumour patients’ diagnosis and care
23 Aug 2023
By Susan Brown

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