Claiming Compensation For A Late Diagnosed Cancer

In the UK specifically, a House of Commons Committee Report into the matter published in April this year confirmed:

• Over the past 50 years, cancer survival rates have dramatically improved. In 1972 only 30% of people were expected to survive their cancer for five years or more: by 2011 this had risen to 54% of people. This is a testament to the progress of science and the dedicated care of those in the NHS .
• Despite the above, cancer survival rates in England remain behind other comparable countries, for example, 58.9% of people in England diagnosed with colon cancer (the fourth most common cancer diagnosis in the UK) will live for five years or more, compared to 66.8% in Canada and 70.8% in Australia.
  
  
• During the pandemic, 36,000 fewer people in England and 45,000 fewer in the UK began cancer treatment compared to previous years.
  
  
• Three million fewer people in the UK were invited for cancer screening between March and September 2020, and between March 2020 and March 2021, 326,000 fewer people in England received an urgent referral for suspected cancer and 4.6 million fewer key diagnostic tests were conducted.

The earlier cancer is diagnosed the greater the chances of survival. According to the Committee Report:

“Diagnosing bowel cancer at stage 1 means that 90% of people will live for five years compared to just 10% of people diagnosed at stage 4. There is a similar story for other cancers such as breast cancer, where 98% of people diagnosed at stage 1 will live for five years, compared to just 24% at stage 4; and prostate cancer, where 100% of people diagnosed at stage 1 will live for five years or more, compared to 40% at stage 4.”

If your cancer has been diagnosed late you may be dealing with a range of feelings, the most common being fear and anger. And even if you can empathise with the pressure GPs and hospital doctors were under during the pandemic, the fact is that you need to take care of yourself and your family’s best interests. Compensation can allow you to access private medical care, in-home help, and provide an income if you are unable to work.

How can a medical negligence solicitor help me claim for a delayed cancer diagnosis?

The first thing a solicitor will do is listen carefully to your story and access your medical records. These will be analysed, along with any responses to complaints you have made to the medical provider concerned. Your solicitor will then provide you with a realistic prospect of your case’s chance of success and explain the claims procedure to you. It is extremely important that you feel comfortable with your solicitor and trust them implicitly as medical negligence cases can take anywhere between 12-36 months to settle.

If I am successful in my delayed cancer diagnosis claim, will I lose my benefits?

Your solicitor will advise you on establishing a Personal Injury Trust. Placing your compensation award in the trust will protect your entitlement to benefits.

I cannot afford a solicitor – how do I pay my legal fees?

Almost all medical negligence solicitors work on a ‘no win, no fee’ basis. This is also known as a Conditional Fee Agreement (CFA). No win no fee means that if your claim is unsuccessful, you will not have to pay any legal fees. However, depending on the contract you have with your solicitor, you may have to pay for any expenses associated with your case (known as disbursements). If you win your case, a ‘success fee’ will be deducted from the settlement you are awarded. Most firms charge a 25% success fee (the maximum amount permitted), meaning you get to keep 75% of your compensation award.

Your solicitor can also arrange After The Event (ATE) insurance which will cover your liability for the other party’s (normally the NHS) costs if you lose your case.

No win, no fee agreements mean the solicitor carries almost all the risk of bringing your case. Therefore, if they have agreed to represent you under such an agreement, you can be confident that they have a strong expectation, based on their experience and the facts of your case, that you will be awarded compensation.

Will I have to go to court?

The law in action is quite different to what is portrayed on television. Most cases settle outside of court. This means that you will probably not have to face the stress of a trial. If the case does proceed to court, your clinical negligence solicitor will support you every step of the way.

Wrapping up

A delayed cancer diagnosis can literally be a life and death scenario. If your GP or consultant were negligent and this led to you being diagnosed later than you would have been had they acted with due care and skill, you may be entitled to compensation. This compensation can assist with accessing vital treatment and providing financially for your family.

Our team has decades of combined experience in successfully advising and representing clients in clinical negligence cases. We are sympathetic, understanding, and are here to help you every step of the way.

Call us on 0333 254 4516 today to discuss your claim.