Lung cancer misdiagnosis claims

Claiming for Misdiagnosis of Lung Cancer

If you believe you or a loved one have had your lung cancer misdiagnosed, you may be entitled to make a claim for compensation with Blackwater Law medical negligence solicitors.

Common causes for commencing a lung cancer misdiagnosis claim include the following situations:

• Where a GP unreasonably failed to diagnose symptoms
• Where there was a delay or an outright failure in referring the patient to a specialist
• Delays or failures in arranging further testing when possible symptoms of cancer were identified by a medical professional
• When inadequate or inappropriate action is taken in response to biopsy results
• Where the appropriate treatments are not arranged for a patient found to be suffering from lung cancer
• Failure by a medical professional to perform a biopsy or in-depth examination where tissue abnormalities are discovered
• When inadequate or inappropriate action is taken in response to biopsy results
• Where the appropriate treatments are not arranged for a patient found to be suffering from lung cancer

To find out if the circumstances of your lung cancer misdiagnosis or late diagnosis potentially entitles you to compensation, you will need to discuss the circumstances of the care you have received, or the lack thereof, with a specialist medical negligence solicitor at Blackwater Law.

Where a doctor has misdiagnosed lung cancer, making a compensation claim can provide the financial compensation and security to assist you in moving forward. A delayed diagnosis of lung cancer can mean your long-term health is more negatively impacted than it would have been if the condition was diagnosed at an earlier stage. This will be factored into your claim for lung cancer misdiagnosis, but so too will the impact of your diminished health on your quality of life and your ability to work and earn a living in the future.

If you require on-going medical care, or care assistance at home, the expense of this may also be factored into your misdiagnosis claim.

Your medical negligence solicitor at Blackwater Law will be an experienced, specialist lawyer and will advise you on what can be factored into your claim for compensation so that the amount you receive adequately compensates you and provides financial security for you and your family, now and in the future.

The Impact of Lung Cancer Misdiagnosis

There are two forms of lung cancer; non-small cell and small cell – each responds differently to treatment and tends to progress at a different rate. Nevertheless, delayed diagnosis of lung cancer has a universally negative effect on prognoses, allowing the disease to spread and develop to a more dangerous and life-limiting stage.
Non-small cell lung cancer is more common, and progresses as follows:

• Stage 1: Here the cancer is contained within the lung and has not yet spread to the lymph nodes. Where the tumour has not reached 3cm (1.2 inches) in size, this is known as stage 1A, where it measures 3-5cm (1.2-2 inches) the patient is said to be in stage 1B
• Stage 2: Stage 2A is where the cancer tumour has reached 5-7cm, or where it remains smaller than this but other cancerous cells are identified in the lymph nodes. Stage 2B denotes where the tumour measures more than 7cm, or where cancerous cells are identified in the lymph nodes alongside a 5-7cm tumour. Stage 2B can also denote situations where cancerous cells are found in other tissues, muscles or in the main airways (bronchus), or where multiple tumours are present / where the lung has collapsed.
• Stage 3: Stage 3A patients present with cancerous cells having spread to the lymph nodes located in the middle of the chest or the surrounding tissues, including the covering of the lung (the pleura) or the wall of the chest. Stage 3B patients present with cancer cells found in the lymph nodes located on either side of the chest above the collar bones, or into another important area of the body, such as the gullet (oesophagus), windpipe (trachea), heart or a main blood vessel.
• Stage 4: In this final stage of the disease cancerous cells can be found in other key areas of the body including the bones, liver or brain, or fluid-containing cancer cells are identified en masse in the heart or lungs.

Small cell lung cancer has only two stages and is less common, with the cancerous cells identified being significantly smaller than in conventional cancer:

• During the initial stage, cancerous cells are confined to the lung.
• As the disease progresses, small cell cancer is observed to have spread beyond the lung.

Treatment plans vary according to just how far your lung cancer has progressed, and as such so do the expenses involved. A prompt diagnosis could spare you from a long, debilitating (both physically and financially) treatment regime, but for those who fall victim to a delayed diagnosis, launching a no win no fee compensation claim could be your only chance to secure life-saving medical help.

Diagnosis of Lung Cancer

There is not currently a national screening program for lung cancer in the UK, due to continuing concern over the accuracy of tests like X-ray scans balanced against the mild risks they represent. It is still your doctor’s responsibility however to avoid delayed diagnoses for lung cancer, and there are a number of procedures they should seek to follow if you present with symptoms that might indicate you have the disease:

• Your GP should always enquire as to the nature of your symptoms and wellbeing, and may ask you to breath into a spirometer to gauge how much air you inhale / exhale each time
• Blood tests may be taken to rule out alternate causes for your symptoms, such as a chest infection
• GPs should consult the NICE guidelines issued in 2015 designed to speed up identification and diagnosis of lung cancer, which may involve sending you for a CT or PET-CT scan, or for a tissue biopsy

Improper adherence to these guiding principles or to any of the subsequent procedures for treatment could be cause for claiming compensation for delayed diagnosis of lung cancer. However, time restrictions may apply, so it is important to initiate your case as soon as possible.

Whilst your doctors have a duty of care to you, and to offer medical care and advice to a reasonable standard, you also have to take responsibility for your care. You will know your body better than anyone else and you should discuss any concerns with your doctor in an open and frank manner. Your doctor can only act and advise you given the information you provide and the symptoms your present with.

If you are concerned with the advice or medical investigation carried out by your GP, you are entitled to seek a second opinion. If you have lost confidence in your primary GP doctor, it is recommended that you do so.

Specialists in Cancer Misdiagnosis Claims

Blackwater Law medical negligence solicitors has a team of lawyers specialising in cancer misdiagnosis claims, with access to client liaison managers and rehabilitation contacts. Our lawyers advise and represent clients across the country in relation to bowel cancer misdiagnosis, colon cancer misdiagnosis and breast cancer misdiagnosis, amongst other variants of the disease.