Categories
Medical Negligence

Delayed Cancer Diagnosis in the UK: Why Timing Matters

Claiming Compensation For A Late Diagnosed Cancer

November 2022

In the UK, a recent House of Commons Committee Report published in April highlights both progress and persistent shortcomings in cancer diagnosis and treatment.

Over the past 50 years, cancer survival rates have improved significantly. In 1972, only 30% of people were expected to survive cancer for five years or more. By 2011, that figure had risen to 54%. Undoubtedly, this progress reflects advances in medical science and the dedication of NHS professionals.

However, despite these improvements, England continues to lag behind comparable countries. For example, only 58.9% of people diagnosed with colon cancer in England survive for five years or more. By contrast, survival rates stand at 66.8% in Canada and 70.8% in Australia.

The Impact of the Pandemic on Cancer Care

Furthermore, the COVID-19 pandemic placed unprecedented strain on cancer services:

  • During the pandemic, 36,000 fewer people in England and 45,000 fewer people across the UK began cancer treatment compared to previous years.
  • Between March and September 2020, three million fewer people were invited for cancer screening.
  • In addition, between March 2020 and March 2021, 326,000 fewer urgent cancer referrals were made in England, alongside 4.6 million fewer diagnostic tests.

As a result, many cancers were diagnosed later than they should have been, often with devastating consequences.

Why Early Cancer Diagnosis Saves Lives

Crucially, the earlier cancer is diagnosed, the better the chances of survival. According to the Committee Report:

Similarly stark contrasts exist for other cancers:

  • Breast cancer: 98% five-year survival at stage 1 versus 24% at stage 4
  • Prostate cancer: 100% five-year survival at stage 1 versus 40% at stage 4

Clearly, delayed diagnosis can transform a treatable condition into a life-threatening one.

Coping With a Late Cancer Diagnosis

If your cancer was diagnosed late, you may be experiencing fear, anger, or frustration. While many patients understand the immense pressure faced by GPs and hospital doctors during the pandemic, it is equally important to protect your own health and your family’s future.

In these circumstances, compensation can help. For example, it may allow you to:

  • Access private medical treatment
  • Pay for in-home care and support
  • Replace lost income if you are unable to work

How a Medical Negligence Solicitor Can Help

Initially, a medical negligence solicitor will listen carefully to your experience and obtain your full medical records. These records, together with any complaint responses, will then be reviewed in detail.

Next, your solicitor will assess the strength of your case and explain the claims process clearly and realistically. Importantly, medical negligence claims often take between 12 and 36 months to resolve. Therefore, it is essential that you feel comfortable with your solicitor and trust their advice throughout the process.

Will Compensation Affect My Benefits?

If your claim is successful, your solicitor can advise you on setting up a Personal Injury Trust. By placing your compensation into the trust, your entitlement to means-tested benefits can be protected.

How Are Legal Fees Paid?

In most cases, medical negligence solicitors act under a No Win, No Fee agreement, also known as a Conditional Fee Agreement (CFA).

This means:

  • If your claim is unsuccessful, you do not pay legal fees
  • If your claim succeeds, a success fee is deducted from your compensation (usually capped at 25%)

In addition, your solicitor can arrange After The Event (ATE) insurance, which protects you against the other party’s legal costs if the claim does not succeed.

Because solicitors carry most of the financial risk under these agreements, their willingness to act often reflects strong confidence in the merits of your case.

Will I Have to Go to Court?

Fortunately, most delayed cancer diagnosis claims settle out of court. As a result, you are unlikely to face the stress of a full trial. However, if court proceedings do become necessary, your solicitor will support you throughout.

Final Thoughts

A delayed cancer diagnosis can quite literally be a matter of life and death. If negligent care by a GP or consultant caused your diagnosis to occur later than it should have, you may be entitled to compensation. Ultimately, this compensation can help secure vital treatment and provide financial stability for you and your family.

Our team has decades of combined experience advising and representing clients in clinical negligence claims. We are supportive, professional, and committed to guiding you at every stage.

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Categories
Motorbike Accident

Motorcycle Accidents Claim Guide

motorcycle_accidents_injury_claims_nicholson_jones_sutton_Solicitors

November 2022

This Motorcycle Accidents Claim Guide gives information on motorcycle accidents claims.

It explains the rights who suffer motorcycle accident injuries.

Motorcycle Accidents Claim Guide

What to do After a Motorcycle Accident that is Not Your Fault?

If you have been involved in an accident as a motorcyclist and the accident was not your fault, follow the next steps:

  • Take lots of photos
  • Witnesses
  • Record the other person admitting fault
  • Record any injuries
  • Stay calm
  • Call us

Of course, sometimes the severity of the accident may mean the motorcyclist is taken to hospital by ambulance and unable to do any of these things, and in those cases, we will work to gather all relevant evidence including police reports, witness testimonials and photographs of the accident location to ensure a fair outcome is achieved, and if you were not at fault recover you the right and fair amount of compensation.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

Most Common Causes of Motorcycle Accidents

According to the Department for Transport, motorcyclists are one of the vulnerable user groups. They are not protected by a vehicle body in the same way car users are and tend to be harder for drivers to see on the road. They are, therefore, particularly susceptible to injuries.

The most common causes of motorcycle accident are:

  • When motorists fail to recognise the presence of a motorcyclist in traffic, whether this is before overtaking
  • When changing lanes
  • When taking an exit on a roundabout or side road
Motorcycle Accident Claim – What can I Claim For?

If you have been involved in an accident as a motorcyclist and the accident was not your fault, then we can help you claim the compensation you deserve for the injuries suffered as well as for any other losses or costs incurred as a result of the accident or subsequent treatment and rehabilitation.

We will make sure to consider the following:

  • How severe your injury is and your recovery time.
  • Whether your injury will affect your life in the future.
  • The amount of time you have had to take off work because of your injury.
  • Any care you have received, even if from a family member
  • Any adaptation to your home, car, or life
  • Any medical expenses, form therapy costs to prescription cost and even travel expenses.
Can I make a motorcycle accident claim on behalf of someone else?

A motorcycle accident can mean serious head and brain injury that leaves someone close to you unable to function normally. In those circumstances, you can make a motorcycle accident personal injury claim on their behalf.

If you find yourself in this situation, we can help. We are able to advise you about making a claim on behalf of somebody else and what the next steps might be.

How NJS Law Can Help You to make a Motorcycle Accident Claim

If you have been involved in an accident as a motorcyclist and the accident was not your fault, then we can help you claim the compensation you deserve.

Sometimes, the motorist involved may deny responsibility, however we will work to gather all relevant evidence including police reports, witness testimonials and photographs of the accident location to ensure a fair outcome is achieved, and if you were not at fault recover you the right and fair amount of compensation.

As well as working to establish liability we will gather evidence to support the value of your claim in respect of both your injuries and financial losses, which may include amongst other things repairing or replacing your motorbike, loss of earnings due to time off work, as well as care and treatment costs.

Our NJS Law Cycling Accident Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We are available by email or phone.

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FAQ

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Categories
Serious Injury

Serious Injury Claim Guide

serious injury claim guide

November 2022

This Serious Injury Claim Guide gives information on serious injury claims.

It explains the rights who suffer serious injuries.

Suffering a serious injury can be life-changing, both physically and emotionally. Therefore, it is essential to understand your rights and the support available if you or a loved one has been seriously injured due to someone else’s negligence.

This guide explains what qualifies as a serious injury, the most common causes, and how a serious injury claim can help you move forward.

How Are Personal Injury Claims Usually Settled?

A serious injury, sometimes referred to as a catastrophic injury, is one that has a long-term or permanent impact on a person’s life. Sadly, in many cases, a full recovery is not expected.

Examples of serious injuries include:

  • Brain injuries
  • Spinal cord injuries
  • Amputations
  • Multiple or complex injuries
  • Fatal accidents

As a result, anyone affected by these injuries often requires specialist legal, medical, and rehabilitative support.

Common Causes of Serious Injuries

Serious injuries can occur in many situations. However, some causes are more common than others.

The most frequent causes of serious injury claims include:

  • Accidents on construction or building sites
  • Accidents at work
  • Catastrophic road traffic accidents
  • Cycling or motorbike accidents
  • Pedestrian accidents
  • Medical negligence, including surgical errors

Because these incidents often involve complex liability issues, early legal advice is crucial.

Can I Make a Serious Injury Claim on Behalf of Someone Else?

In some situations, an injured person cannot make a claim themselves. For example, they may lack mental capacity or have suffered severe brain injuries.

In these cases, the law allows a close family member or representative to bring a serious injury claim on their behalf. This ensures the injured person still receives the compensation and support they need.

If you are considering making a claim for someone else, our expert solicitors will gladly talk through your options and next steps.

Is There a Time Limit for Serious Injury Claims?

In most cases, you have three years to start a serious injury claim. This period usually begins from:

  • The date of the accident, or
  • The date you became aware of the injury or diagnosis

However, some exceptions apply. Therefore, it is always best to seek legal advice as soon as possible.

Serious Injury Claims: How NJS Law Can Help

At NJS Law, we specialise in supporting people who have suffered serious or catastrophic injuries. From the outset, we focus on securing both financial compensation and practical support.

We can help you with:

  • Claiming compensation
  • Accessing medical treatment
  • Rehabilitation and recovery planning
  • Adapting your accommodation
  • Reviewing benefits and financial support
  • Assessing future employment prospects
  • Arranging expert care and assistance

Importantly, we understand that serious injuries affect not only the injured person but also their family. Therefore, we provide dedicated support at every stage of the claim.

Our team has decades of combined experience in handling serious injury claims, and we are committed to achieving the best possible outcome for you.

CONTACT US

Get in touch using the form below or via the following methods:

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For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

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Categories
Medical Negligence

Medical Negligence Claim Guide

medical_negligence_medical_negligence_claims_Solicitors

November 2022

This Medical Negligence Claim Guide gives information on medical negligence claims.

It explains the patients’ rights who suffer surgical or medical negligence errors.

What Is Clinical Negligence?

Clinical negligence, more commonly referred to as medical negligence, occurs when a healthcare professional fails to provide treatment that meets the accepted standard of care. As a result, the patient may suffer a new injury or experience a deterioration in an existing condition.

Medical negligence can arise in several ways. For example, it may involve a delay in diagnosis, a misdiagnosis, incorrect treatment, or a surgical error. In each case, the key issue is whether the care fell below an acceptable medical standard and caused avoidable harm.

Medical Misdiagnosis Claims

Medical misdiagnosis claims generally fall into three categories:

  • Incorrect diagnosis
  • Delayed diagnosis
  • Missed diagnosis

An incorrect diagnosis occurs when a medical professional wrongly identifies your condition. By contrast, a delayed diagnosis arises when your condition is recognised later than it should have been. Finally, a missed diagnosis happens when a doctor fails to diagnose any condition at all.

Crucially, the consequences of misdiagnosis can be severe. Without timely and appropriate treatment, patients may suffer permanent injury or a worsening condition. In serious cases, such as cancer or cauda equina syndrome, delayed or missed diagnosis can be life-changing.

Making a GP Negligence Claim

General Practitioners are held to the same professional standards as other healthcare providers. Accordingly, they owe their patients a duty to deliver appropriate and competent care.

If a GP fails to diagnose a condition, delays treatment, makes a prescribing error, or does not refer you for specialist care when required, this may amount to GP negligence. Where such failures cause avoidable harm, a compensation claim may be possible.

Surgical Errors and Negligence

General Practitioners are held to the same professional standards as other healthcare providers. Accordingly, they owe their patients a duty to deliver appropriate and competent care.

If a GP fails to diagnose a condition, delays treatment, makes a prescribing error, or does not refer you for specialist care when required, this may amount to GP negligence. Where such failures cause avoidable harm, a compensation claim may be possible.

Hospital Negligence Compensation Claims

Poor hospital care can take many forms. For instance, patients may suffer from pressure sores, medication errors, delayed diagnosis, or preventable falls during an inpatient stay. Unfortunately, these issues can make an existing condition worse rather than better.

Whether the treatment took place in an NHS hospital or a private medical facility, our specialist medical negligence team can help you pursue the support and compensation you deserve.

How NJS Law Can Help

At NJS Law, our medical negligence team has decades of combined experience supporting clients who have been harmed by medical mistakes. Above all, we focus on helping you access the support you need to rebuild your life after negligence.

Because every case is different, we provide tailored advice based on your individual circumstances. In addition, we can usually act on a No Win No Fee basis, reducing financial risk while your claim is ongoing.

If you believe negligent medical care has caused you harm, please contact us to discuss your situation and explore your options.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Categories
Occupier Liability

Occupier Liability Claim Guide

Occupier_Liability_Personal injury occupiers slips claims

November 2022

This Occupier Liability Claim Guide gives information on occupier liability claims.

Occupier Liability Claim Guide

Accidents which take place on property or land owned by someone else are called Occupiers Liability Claims.

The ‘occupier’ is usually the person, council or company, landlord or tenant who has ‘control’ over the premises/land where you were injured. An occupier has duty of care to all visitors to ensure the premises are reasonably safe.

If you are involved in an accident on property or land owned by someone else (which could be a restaurant, shop, a housing estate, shopping centres, buildings…), you may be entitled to compensation from the ‘occupier’ of that property.

Occupier Liability Examples:

Slip, Trip or Fall in a Shop/Supermarket?

Shops and other public venues have a duty to follow health and safety guidance to protect customers.

Slipping accidents can seem inoffensive, but often the injuries can be serious.

The most common accidents are slips, trips and falls from spillages, wet floors or broken goods which haven’t been properly cleaned up or warning signs weren’t used.

Is a Shopping Centre Liable for a Customer Injury?

Shopping centres are designed to be comfortable and very safe environments.

Shopping centres have a duty to keep customers safe but there are instances when health and safety regulations are not followed properly, and people get hurt.

Some common examples of shopping centre accidents include:

• slips, trips and falls from spillages, wet floors or broken goods which haven’t been properly cleaned up or warning signs weren’t used.
• Injured in an area that was undergoing maintenance but was not cordoned off properly.

Accident in a Restaurant, What to Do?

Restaurant owners must take ownership of operational procedures that ensure safety and security for the guests. This means that they need to take steps to try and reduce any hazards.

Here are some types of incidents which could lead to restaurant accident claims:

  • Slips, trips or falls on slippery floors without signposts.
  • Wet and slippery toilets without signposts.
  • Physical injuries in a car park or entrance with poor maintenance.

If you are involved in an accident on property or land owned by someone else (which could be a restaurant, shop, a housing estate, shopping centres, buildings…), you may be entitled to compensation from the ‘occupier’ of that property.

At NJS Law, our Personal Injury experts will guide you through every step of the process and will help get you the outcome you deserve whilst operating on a NO WIN NO FEE basis.

Contact NJS Law today for a free no-obligation consultation by calling 01625 667 262 or email injury@njslaw.co.uk

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.