Cancer Claims

If you feel that a medical professional has misdiagnosed your cancer, you could be entitled to compensation. The team at Oakwood Solicitors will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

You have three years from the misdiagnosis to pursue a case, so do not delay.

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly-trained to deal with all aspects of Clinical Negligence.

We want to ensure that clients are not overwhelmed by legal jargon, medical terms they don’t understand, and to allow the claims procedure to be as transparent as possible.

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement, more commonly known as a ‘no-win, no fee’ agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost.

If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained, the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

There are generally three types of claims involving cancer patients:

1. Delay in diagnosis – This is where there has been a significant delay in you undergoing appropriate tests and being diagnosed with the correct condition- link yo misdiagnosis page
2. Incorrect diagnosis – When you have been diagnosed as suffering from cancer when in fact you are suffering from a less sinister condition.
3. Incorrect or inappropriate treatment – When you have received your diagnosis however the treatment for the same is incorrect or inappropriate.  The results can be devastating.

For further information about these types of claims, visit our Medical Misdiagnosis section, here.

Certain cancers can be very difficult to diagnose and some people are advised that they have cancer when they do not and vice versa. This can obviously be devastating to those involved and their families.

Cancer misdiagnosis is common, and presently this is increasing. The most common are:

• Lung Cancer – Often misdiagnosed as respiratory diseases such as pneumonia or asthma, as the symptoms are often the same – such as shortness of breath or coughing.
• Breast Cancer – There are a number of reasons why lumps are formed in or around the breast that can lead to misdiagnosis of cancer. Often the lumps may be benign or could be inflammation of the breast tissue. There is a growing rate of male breast cancer being diagnosed.
• Pancreatic Cancer – Often this will be misdiagnosed as irritable bowel syndrome, gallstones or pancreatitis.
• Colorectal cancer – Conditions such as irritable bowel syndrome, ulcerative colitis or haemorrhoids can be diagnosed instead of cancer.

Other cancers that are misdiagnosed include Ovarian, Cervical, Prostate, Skin, Testicular, thyroid, stomach and a whole variety of other cancers.

If you have been affected by misdiagnosis, late diagnosis or clinical error regarding cancer, or require any advice about legal proceedings – check our specific list of services below and get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.