In honour of World Cancer Day, we’re highlighting the essential steps for handling cancer negligence and misdiagnosis claims.
Putting the Person Before the Patient
Every cancer journey is unique. At Oakwood Solicitors, we believe that cancer care should be a partnership built on empathy, where you are seen as a person first and a patient second.
When that care falls short, whether through a missed diagnosis, a delay, or the wrong treatment, the impact is more than just medical; it is personal.
On World Cancer Day, 4th February, we stand with the global community to advocate for equitable, people-centred care and to help those who the medical system has let down.
Understanding World Cancer Day
World Cancer Day is an international initiative led by the Union for International Cancer Control (UICC). Its mission is to raise awareness, encourage prevention, and mobilise action to address the global cancer epidemic.
The 2025–2027 Theme: “United by Unique”
The current three-year campaign focus, “United by Unique,” emphasises that behind every diagnosis is a unique human story of resilience, pain, and hope.
- Our Shared Goal: To ensure that access to life-saving care is equitable for everyone, regardless of who they are or where they live.
- Our Commitment: We support the shift toward health systems that place the individual’s unique needs at the heart of care.
When “Unique Care” Fails: Cancer Negligence
A cancer diagnosis is life-changing. When that diagnosis is delayed or incorrect, it adds unnecessary trauma to an already difficult situation. If you or a loved one has suffered due to medical errors or misdiagnosis, you have the right to seek answers and compensation.
Common Types of Cancer Claims
Negligence typically falls into three categories:
- Delay in Diagnosis: A significant lag in performing tests or referring you to a specialist, allowing the condition to worsen.
- Incorrect Diagnosis: Being told you have cancer when you do not, leading to unnecessary and invasive treatments.
- Inappropriate Treatment: Receiving a correct diagnosis but being prescribed the wrong course of medical action.
Cancers Frequently Misdiagnosed
While any cancer can be mismanaged, some are more prone to errors due to overlapping symptoms with common conditions:
| Cancer Type |
Often Misdiagnosed As… |
| Lung Cancer |
Asthma, pneumonia, or chronic bronchitis. |
| Breast Cancer |
Benign cysts, inflammation, or hormonal lumps. |
| Pancreatic Cancer |
IBS, gallstones, or pancreatitis. |
| Colorectal Cancer |
IBS, ulcerative colitis, or haemorrhoids. |
| Ovarian/Cervical |
Cysts, PMS, or endometriosis. |
We also handle claims involving Bone, Brain, Prostate, Skin (Melanoma), Testicular, Leukaemia, and Non-Hodgkin Lymphoma.
Frequently asked questions:
How do I make a claim?
If you feel that a medical professional has misdiagnosed your cancer, you could be entitled to compensation. The team at Oakwood Solicitors can provide you with 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.
Can I claim for loved ones who have passed away?
If your loved ones passed away from cancer, it could have been avoided if the correct standard of care and treatment had been provided. We will be there to guide you through the claims process with the utmost sensitivity and respect.
How long will my case take to run?
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.
How much is my claim worth?
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:
- General damages: This is an award of money for the pain and suffering you have endured as a result of the negligence.
- Special damages: This is an award of money for all of your out-of-pocket expenses, such as travel expenses, medication costs, loss of earnings, and treatment costs, both past and future. This list is not exhaustive and is very case-specific.
How is my case funded?
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 is 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 is only payable if you are successful with your claim.
How can Oakwood Solicitors Help?
If you believe a medical professional has misdiagnosed your cancer or there has been a delay in its diagnosis, you may be entitled to compensation.
Oakwood Solicitors offers free advisory services to assess the merits of your case and your eligibility to file a claim. Their dedicated team, which includes solicitors and paralegals with extensive experience in handling clinical negligence cases, is well-prepared to manage every facet of this specific legal area.
The firm aims to ensure that clients are not confused by legal jargon or unfamiliar medical terminology, striving to make the claims process as transparent as possible.
Further information:
Cancer Claims.
Medical Misdiagnosis or Delay.
United by Unique World Cancer Day: a leading international awareness day.
WHAT TO DO NEXT:
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 9720 to find out how we can help you.
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Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department.
Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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