Concerns raised as more than 100,000 cancer patients diagnosed at A&E

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More than 100,000 cancer patients were diagnosed with the disease in A&E, rather than with their local GP, alarming new figures show.

Experts have now warned that when cancers are picked up in this way, they are often in the later stages of the disease which can be more difficult to treat – and the chance of survival is lower.

Cancer patients diagnosed

The new figures come amid ongoing dissatisfaction with GPs, and long waits for diagnostic tests, often delaying treatment time and diagnoses.

Recent statistics from Cancer Research UK have broken down how Cancer waiting time targets are being routinely missed by NHS trusts.

In April 2024, only 66.6% of people in England received their diagnosis and started their first treatment within 2 months (or 62 days) of an urgent referral. The target is 85% and has not been met since December 2015.

Meanwhile, only 89.2% of people started treatment within 31 days of doctors deciding on a treatment plan in April 2024. The target is 96%.

Michelle Mitchell, chief executive of Cancer Research UK said:

“Each of these numbers is a friend, family member, and loved one who is facing unbearably long waits for their treatment to begin, causing stress and anxiety.

“Nearly 1 in 2 people will get cancer in their lifetime and it affects every family in every community. Any incoming UK government must make tackling cancer waits a top priority, and pledge to meet all cancer waiting time targets by the end of the next parliament.”

People showing cancer symptoms should ordinarily be referred for diagnostic checks after seeing their GP, rather than waiting until they are so ill that they have to attend A&E.

Freedom of Information requests revealed that 24,159 patients were diagnosed after going to A&E from 2018 to 2023 at the 29 NHS acute trusts in England that responded. However, it has been estimated that the number could be as high as 106,000 across all NHS Trusts – including those who did not respond.

Of the trusts that responded, Kings College Hospital in London recorded the highest number of diagnoses following A&E referral, with 4,269 between 2018 and 2023.

Countess of Chester Hospital NHS Foundation Trust saw nearly 32 times as many patients diagnosed in A&E in 2023 (587) as in 2018 (18) — the largest jump of trusts that responded.

Late diagnosis

According to studies, early cancer diagnosis is crucial – with every month of delay said to reduce survival chances by 10 per cent.

For example, nine in ten people diagnosed with bowel cancer early, at stage one, will survive for five years or more but this plummets to just one in ten among those diagnosed late, at stage four.

Michelle Mitchell said:

“Too many people are being diagnosed with cancer late, and in some cases, only when their symptoms become severe enough to prompt a visit A&E.

‘This is unacceptable. We know that catching cancer as early as possible is crucial for improving outcomes.”

Compensation for delayed cancer diagnosis

If delays have meant you have received a late Cancer diagnosis which has been detrimental to your health, you may be entitled to claim compensation.

Delays in medical diagnosis may refer to a medical professional failing to diagnose a health condition when they should have done so or failing to refer you for investigations, meaning you are diagnosed late.

Cancer delays can again lead to a worsening of the condition and prolong your access to necessary treatment. Some of the common delays include delays in referrals, scans and investigations. It can also include medical professionals overlooking symptoms or records that are re-reviewed at a later date – meaning you experienced a delay.

How long do I have to make a cancer delay claim?

Cancer delay compensation claims are subject to a ‘limitation period’ of three years. This means court proceedings must have started within three years of the alleged negligence taking place or within three years of becoming aware that something went wrong.

However, individuals who lack ‘capacity’ (under 18 years of age or without the mental ability to make the necessary decisions) are not subject to a limitation period.

What needs to be proven to make a cancer delay claim?

If the treatment you received fell below a minimum standard of competence and you suffered an injury as a result and it is more likely than not that the injury could have been avoided or less severe with proper treatment then you may be able to take legal action for compensation.

To receive compensation, we will need to show both ‘breach of duty of care’ and ‘causation’ has taken place.

What is a breach of duty of care?

To make a claim, we need to prove that the medical service or professional acted in a way that fell short of acceptable standards. We must also prove that the harm suffered, on the balance of probabilities, is directly linked to the failure of the health professional.

Where might cancer delays occur?

Patients may encounter delays in all areas of medical practice – including their initial GP appointment, delays to scans, investigations or treatment.

Medical delays can severely affect an individual’s life, treatment options, recovery period and in more serious cases the chance of survival.

Delayed cancer diagnosis claim

If you feel that you have experienced cancer delays which has led to a late diagnosis or incorrect treatment, then you may be entitled to bring about a compensation claim.

The team at Oakwood Solicitors Ltd will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

Who can make a cancer delay claim?

The patient who has been affected by the cancer delays may be able to bring about a claim. However, it can also sadly be the case that the patient has passed as a result of the disease. In such instances, the executor of the estate or the next of kin/dependents may be able to bring about a claim.

Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected do not hesitate to contact us.

How much compensation will I get?

The amount of compensation you are awarded will depend on each individual case. It will take into account the complexities of the case and the damages incurred as a result of the delays. At Oakwood Solicitors, we will pursue two forms of compensation for you:

General damages – An award of money for the pain and suffering you have endured as a result of the negligence.
Special damages – 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

Why should I use Oakwood Solicitors Ltd?

At Oakwood Solicitors Ltd, we have a dedicated team of solicitors and paralegals who have many years of experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.