Cancer 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.

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.

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. 

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.

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.

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.

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.