Can you make a claim for a delayed diagnosis of cancer?

By Hannah Lawn

Sadly, delays in receiving a cancer diagnosis can happen. In this article, Litigation Executive Hannah Lawn explains some of the common causes of delayed cancer diagnosis, the impact a delay can have, and when it may be possible to bring a clinical negligence claim.

Reasons for a delayed diagnosis of cancer

Human error can play a part, particularly where a patient presents with vague or non-specific symptoms. Symptoms such as fatigue, unexplained weight loss, pain or changes in general health may sometimes be attributed to a less serious condition, even though they can also be associated with certain cancers.

When an alternative diagnosis is made, the tests, referrals or follow-up appointments that could lead to a cancer diagnosis may not be arranged. This can mean that a person is discharged without further review, or that their symptoms continue without being properly investigated.

Delays can also occur at a later stage if test results or scans are incorrectly interpreted. For example, an X-ray, CT scan or other imaging may show signs of cancer, but the findings may be reported as normal or not acted upon appropriately. Blackwater Law have acted for individuals who have experienced this.

What impact can a delayed cancer diagnosis have?

Realising that you or a loved one may have received a cancer diagnosis later than should have been the case can be extremely distressing. The consequences of a delay will depend on the individual circumstances, including the type of cancer, how long the delay lasted, and whether earlier diagnosis would have changed the treatment or prognosis.

While a delay is occurring, a person may continue to experience symptoms from their cancer that would otherwise have been treated sooner. In these circumstances, it may be possible to seek compensation for the pain and suffering experienced during the period of delay.

In some cases, a delay in diagnosis may mean that additional treatment is needed, such as chemotherapy, radiotherapy or further surgery. Treatment may also be more intensive or take place over a longer period than would otherwise have been necessary.

If cancer has grown or spread during the period of delay, surgery may be more extensive than it would have been with an earlier diagnosis. This may lead to additional side effects, a longer recovery period, or other consequences that could have been avoided.

A delayed diagnosis may also affect a person’s prognosis. If earlier diagnosis would have led to earlier treatment and a better outcome, this may form part of a clinical negligence claim.

When can a claim be brought?

A claim may be brought for a delayed diagnosis of cancer where the delay was caused by substandard medical care and where that delay caused, or materially contributed to, a worse outcome than would otherwise have occurred.

This means it is not enough to show that there was a delay. It is also necessary to consider whether the care provided fell below an acceptable standard and whether earlier diagnosis would have made a meaningful difference to the outcome.

What should you do if you are concerned about a delayed diagnosis?

If you are concerned that you or a loved one experienced a delay in receiving a cancer diagnosis, it may be helpful to seek specialist advice. A clinical negligence solicitor can review the medical records, consider the treatment provided, and advise whether there may be grounds for a claim.

It is also important to act promptly, as strict time limits can apply to clinical negligence claims.

 

Solicitor Zoe Diss successfully secured a settlement of £300,000 for a female in her 50s following a two-year delay in the diagnosis of bladder cancer, which led to invasive disease, nephrectomy (removal of a kidney), and life-limiting complications.