Cancer misdiagnosis occurs when a medical professional incorrectly diagnoses a patient with cancer when they do not have the disease, or incorrectly identifies the type, stage, or severity of the cancer. This can lead to people receiving unnecessary treatments or not receiving the correct treatment in a timely manner.

When it comes to cancer, it's crucial that it is diagnosed as early and accurately as possible, because depending on the type of cancer, this can hugely increase your chances of recovery. Unfortunately, medical professionals can sometimes make mistakes, and a late diagnosis or misdiagnosis can result in the cancer becoming more difficult to treat, or even becoming terminal.

Misdiagnosis or delayed diagnosis can be classed as medical or clinical negligence, meaning you may be entitled to claim compensation.

Cancer misdiagnosis can be divided into two categories:

• When your doctor or medical practitioner completely missed your illness or left it undiagnosed. For example, you may have visited your GP regarding some health issues over the years and they failed to diagnose your illness.

• When your doctor or medical practitioner makes an incorrect diagnosis. For example, if you have gone to your GP regarding bowel issues and the doctor diagnosed you with haemorrhoids, but it was actually bowel cancer.

If your misdiagnosis has resulted in loss or harm, then you may be eligible for compensation. Contact our highly qualified solicitors today on 0800 037 4625.

If your cancer has been misdiagnosed and the outcome would have been different if it was diagnosed earlier or you would have had to have less intensive treatment, then it may be possible for you to make a compensation claim. The main test for a cancer misdiagnosis claim is whether an earlier diagnosis or treatment would have helped the patient and made a difference to the outcome.

There are rare occasions when patients are incorrectly diagnosed with cancer and undergo unnecessary treatment which may have harmful health effects and result in distress and loss of earnings. If this has happened to you then you may be able to bring a compensation claim against the health institute or medical professionals responsible for the misdiagnosis.

It is possible to sue for misdiagnosis of cancer, but only if the misdiagnosis would have changed what would have happened if the cancer was detected earlier. For example, this would apply if you were misdiagnosed and this resulted in the cancer being terminal or led to you needing more advanced and aggressive treatment.

Different cancers develop in different ways and at different stages. If opportunities for a diagnosis are missed and the condition has developed to a more advanced stage, it may impact on your recovery outcome. A delay of a few months won't normally make much of a difference, but sometimes a delay of many months or years can be serious.

A delay in diagnosis can occur for a number of reasons, such as:

• Not sending you for the appropriate tests or investigations in a timely manner, despite repeated visits to your GP;

• Misinterpreting the results of scans and tests.

At Forbes, our expert clinical and medical negligence team can help you if you've suffered due to delayed diagnosis or misdiagnosis of:

• Bowel cancer

• Cervical cancer

• Ovarian cancer

• Breast cancer

• Lung cancer

• Prostate cancer

• Pancreatic cancer

• Skin cancer

• Testicular cancer, and more.

At Forbes Solicitors, our knowledgeable and dedicated cancer misdiagnosis solicitors can help you make a cancer compensation claim. We will be at your side through the whole compensation process, giving you expert legal advice, so the best outcome for you and your family can be achieved.

Our medical negligence solicitors are proud to be one of only a few law firms in the North west of England to be awarded the Legal Aid Agency Clinical Negligence Franchise. This franchise is only given to a select number of highly qualified solicitors.

While Legal Aid, now known as Legal Service Commission Funding, is limited to cases involving child birth injury claims, we can advise if you qualify for insurance to help with your case. As we believe in access for justice, we can offer our services on a no win no fee basis. This means you won't have to pay a penny unless your case is successful.

Claiming compensation for the misdiagnosis of cancer does take time, however our solicitors will be at your side throughout the process. We will help you gather all the evidence needed and arrange for you to see an independent medical expert, who will determine the extent of your condition, determine if the outcome would have been different if you'd been diagnosed sooner and what treatment or care will be needed in the future. This will help us calculate how much compensation we will ask for on your behalf.

How much compensation you may receive will depend on several factors which include:

• The impact the late or misdiagnosis has had on your prognosis;

• Loss of earnings;

• Out of pocket expenses;

• What treatment or care is needed in the future;

• The impact it has had on your life;

In some cases, you may be able to claim compensation for any psychological trauma suffered due to the misdiagnosis (e.g. if you were wrongly diagnosed with cancer).

There is no average settlement for cancer misdiagnosis as each case is different. Making a cancer misdiagnosis claim can help some people feel like they are getting a sense of justice and in some cases, it can also result in an apology and an explanation of what has happened. However, compensation from a cancer misdiagnosis claim can also help you access treatment or medication that may not be available on the NHS and can also help pay for future care if needed.

As cancer misdiagnosis cases come under clinical negligence law, you will have three years from when you found out about the misdiagnosis to make a claim or if claiming for a deceased loved one from the date of death. If you want to make a claim for a child, it is possible to do so while they are still a minor by having a 'litigation friend', otherwise the three-year time limit will start from when they turn 18 years of age.

If you would like to discuss your case with one of our dedicated medical negligence solicitors, contact us today on 0800 037 4625.

• Failure by a hospital trust to spot and report a lung lesion and diagnose and treat cancer in a 75 year old. As a result the patient passed away after being diagnosed 16 months later. The original scan showed the tumour had been at stage 2, however had reached stage 4 at the point of diagnosis. Marital partner was awarded £100,000 in compensation.

• Wrongful diagnosis of cancer: Claimant received unnecessary chemotherapy treatment cycles for 2 years causing symptomatic side effects on mental and physical health. Claimant awarded £40,000 in compensation.

The Claimant, brought about a claim for a failure to diagnose rectal cancer within the Greater Manchester region in 2018.

The Claimant had a history of previous rectal bleeding in 2005, and during April 2018, they presented to their general practitioner with dark red rectal bleeding and an altered bowel habit. A two-week-wait referral was made and colonoscopy in May 2018 diagnosed diverticula. The Claimant’s rectal bleeding persisted, and they developed pelvic pain, change in bowel habit and obstructive symptoms. Furthermore, MRI scans in September 2019 showed no features of small bowel disease, but as an incidental finding found a semi-annular mass on the anterior wall of the mid to upper rectum and an enlarged left paraaortic node. A further private colonoscopy September 2019 confirmed a semi-annular rectal carcinoma from 15 cm to at least 25 cm.

The Claimant alleged that the colonoscopy in May 2018 was substandard, that there was a failure to ensure the endoscopist performing the procedure was adequately trained and therefore the tumour was missed. It was also alleged that the Claimant was not warned about the risk of missed pathologies, despite several returns to the GP reporting ongoing symptoms. Ultimately, the Defendant did not cause the cancer and evidence from an oncologist was required to stage the cancer and determine what treatment would have been available had it been spotted 16 months earlier.

Despite the delay, the Defendant was not responsible for any reduction in life expectancy. The Defendant denied that the colonoscopy was performed negligently and both parties obtained medical evidence. It was the Claimant's case that a 24mm tumour should have been seen. During the 16 months the Claimant returned repeatedly to their doctor, because they ‘knew that something was wrong'. The GP relied on the false negative, and they were not taken seriously. The symptoms were untreated and this impacted their physical and mental health.

Despite the Defendants initially denying overall liability, they eventually offered to settle for a figure of £26,000.