Cancer Misdiagnosis Claims

Effective treatment of cancer often relies on prompt and accurate diagnosis. When medical professionals fail to identify, diagnose or respond to signs of cancer in time, it can have serious consequences, as delays and misdiagnoses often lead to limited treatment options and more challenging health outcomes.

If you or someone close to you has been affected by a misdiagnosis or delayed diagnosis of cancer, the specialist cancer misdiagnosis solicitors at JMW are here to help. We have extensive experience in handling cancer misdiagnosis claims, helping clients obtain justice and fair compensation for the harm they have suffered due to clinical negligence.

Whether missed diagnoses or incorrect treatments caused you harm, our legal team has the expertise needed to pursue your legal claim and fight for a positive resolution with care and dedication. We understand the emotional and physical toll that misdiagnosis brings, and we are committed to supporting our clients with sensitivity and professionalism every step of the way.

Our team at JMW makes the process as straightforward as possible, starting with a free initial consultation to discuss your case and provide advice on the best path forward. Contact our experienced cancer misdiagnosis solicitors today by calling us on 0345 872 6666, or complete our online enquiry form to receive a call back.

Our Cancer Misdiagnosis Services

Legal action to obtain compensation for clinical negligence is a specialised area of the law that requires a high level of expertise and training. At JMW, our team of cancer misdiagnosis solicitors has handled numerous claims involving both erroneous and delayed cancer diagnoses, making us experts in this field of medical negligence law. Our depth of experience enables us to effectively pursue claims, and often helps clients secure significant compensation for the harm caused by misdiagnosis or negligent treatment.

We understand that beginning a cancer negligence claim may feel overwhelming, which is why we offer an initial free advice session, either by phone or in person, to discuss your case and outline your options. If, after this discussion, you decide not to proceed, there is no obligation and no cost for this consultation. In  all cases we take on we are able to offer no win, no fee agreements,, giving clients the confidence that we are committed to securing the best possible outcome.

Our team includes highly qualified solicitors, many of whom are members of both the Law Society's specialist panel for clinical negligence and the Action against Medical Accidents (AvMA) solicitors panel. Led by Eddie Jones, one of the UK's most respected clinical negligence experts, we are proud to provide trusted and compassionate support to clients who have experienced the impact of a cancer misdiagnosis.

Meet Our Team

Our team of experienced on solicitors are here to help guide you through making a cancer misdiagnosis claim.

Case Studies

When Can I Make a Cancer Misdiagnosis Claim?

If you or a loved one has experienced harm due to a delayed, missed, or incorrect cancer diagnosis, you may be eligible to make a cancer misdiagnosis claim. These claims arise when a medical professional fails to identify or properly respond to signs of cancer, leading to avoidable suffering, progression of the disease, or reduced treatment options. Cancer negligence claims focus on proving that medical negligence, which can include incorrect test interpretation, missed referrals, or failure to conduct necessary investigations, caused significant harm that could have been avoided.

To make a claim for cancer misdiagnosis compensation, certain criteria  need to be met:

• Evidence of medical negligence: The claim must show that the medical professional or healthcare provider failed to meet the accepted standard of care, leading to an error or delay in diagnosis.
• Proof of harm caused by misdiagnosis: You must demonstrate that the delayed or incorrect diagnosis led to harm, such as worsened health outcomes, reduced treatment effectiveness, or additional physical and emotional suffering.

If you’re unsure whether you meet the requirements to make a cancer negligence claim, our cancer misdiagnosis solicitors can provide an initial, no-obligation assessment to clarify your options.

What Are the Causes of Cancer Misdiagnosis?

Cancer misdiagnosis often results from oversights or failures within the medical system, which can delay diagnosis and treatment. In cancer cases, timely and accurate diagnosis is essential, so when healthcare professionals overlook symptoms or fail to conduct appropriate tests, it can have serious consequences. Below are some of the most common types of cancer misdiagnosis:

• Failure to monitor patients with a family history of cancer: Patients with a family history of certain cancers, such as breast, bowel or prostate cancer, have a higher risk and may require regular monitoring and early screening. Failing to track these patients’ health closely and perform preventive tests or check-ups can delay the identification of cancer, allowing it to progress undetected.
• Failure to examine a patient: Physical examination is often the first step in detecting abnormalities that could signal cancer. When medical professionals skip or conduct incomplete physical exams, they may miss key signs that would otherwise prompt further investigation, potentially leading to a missed or delayed cancer diagnosis.
• Failure to investigate symptoms: Certain symptoms, like unexplained weight loss, persistent fatigue or unusual lumps, can signal underlying cancer. Medical professionals should always investigate such symptoms thoroughly; failing to do so can lead to misdiagnosis or delayed diagnosis, as underlying cancers remain undetected.
• Not recognising signs and symptoms: Cancer symptoms can sometimes overlap with those of less serious conditions, making them easy to overlook. For instance, the signs of lung cancer might be mistaken for chronic bronchitis, or symptoms of bowel cancer could be attributed to irritable bowel syndrome. Failing to identify these indicators correctly can result in cancer being misdiagnosed or ignored.
• Ignoring, losing or misinterpreting test results: Diagnostic tests, such as biopsies, scans and blood tests, are critical to identifying cancer accurately. If test results are ignored, lost or misinterpreted, a cancer diagnosis may be delayed or missed entirely, preventing timely treatment. This can occur due to administrative errors, miscommunication between departments, or errors in interpreting results.
• Not referring to a specialist quickly enough: GPs often play a pivotal role in identifying potential cancer cases and ensuring patients receive specialist care. If a GP fails to refer a patient to an oncologist or other relevant specialist quickly enough, vital time can be lost. This delay can mean that a patient’s cancer is not diagnosed until it has advanced, impacting their treatment options and prognosis.

Each of these causes of cancer misdiagnosis reflects a lapse in the duty of care owed to patients. When these oversights lead to harm, patients and their families may be eligible to seek cancer misdiagnosis compensation.

What Are the Common Types of Cancer Misdiagnosis?

Certain cancers are commonly misdiagnosed due to symptoms that resemble less serious conditions, often leading to delayed or incorrect diagnoses. These misdiagnoses can significantly impact treatment options and recovery chances.

Commonly misdiagnosed cancers include:

• Breast cancer: Breast cancer can be mistaken for benign conditions like fibrocystic breast disease, often due to similar symptoms. Misinterpretation of mammograms or failure to investigate lumps can delay diagnosis and treatment.
• Lung cancer: Often mistaken for chronic respiratory conditions like asthma or bronchitis, lung cancer symptoms can go overlooked. Early signs, including a persistent cough, require prompt imaging tests to avoid delayed diagnosis.
• Bowel cancer: Bowel cancer symptoms, such as abdominal pain and changes in bowel habits, can resemble irritable bowel syndrome. Without a colonoscopy or other necessary tests, diagnosis may come too late.
• Prostate cancer: Symptoms like urinary issues are sometimes attributed to prostate enlargement or infections rather than prostate cancer. Failure to conduct prostate specific antigen tests can lead to late-stage diagnosis.
• Cervical cancer: Cervical cancer symptoms, such as irregular bleeding, can be mistaken for menstrual issues or menopause. Missed or misinterpreted smear tests are often the cause of diagnostic delays.
• Pancreatic cancer: Pancreatic cancer’s vague symptoms, like indigestion, can delay diagnosis until the cancer has advanced, underscoring the need for early and accurate testing.

Misdiagnosis of these cancers can have serious consequences. Recognising these risks is essential for pursuing compensation claims effectively.

Can I Make a Claim If My Diagnosis Was Delayed But Eventually Correct?

Even if your diagnosis was eventually confirmed, you may still be eligible to claim compensation for a delayed or wrong diagnosis if the delay led to unnecessary harm or suffering. For example, when cancer is diagnosed later than it should have been, treatment options may become more limited, more invasive, or less effective, which could significantly affect your prognosis and quality of life.

Misdiagnosis of cancer or delays in diagnosis can result in various types of harm, including:

• Progression of the cancer: A delay can allow the cancer to progress to a more advanced stage, often requiring more aggressive treatment and reducing survival rates.
• Increased physical and emotional impact: Patients may endure more intensive treatments, such as chemotherapy or surgery, that may have been avoidable with an earlier diagnosis.
• Reduced quality of life and increased financial strain: Delayed diagnosis often results in higher medical costs, additional recovery time, and loss of income, all of which contribute to emotional and financial strain on patients and their families.

What Is the Process of Making a Cancer Negligence Claim?

Pursuing a cancer misdiagnosis compensation claim involves several key steps to build a strong case and demonstrate the impact of the misdiagnosis. With the support of JMW’s expert cancer misdiagnosis solicitors, each stage is managed thoroughly to ensure clients receive the best possible guidance and representation:

• Initial consultation: During a free initial consultation, we discuss your case, including how the misdiagnosis or delayed diagnosis has affected your health and wellbeing. This session helps clarify your eligibility and the steps involved in pursuing a claim.
• Gathering evidence: Essential evidence for a cancer negligence claim includes medical records, test results, and documentation of consultations and treatments. Our team may also instruct independent medical experts to assess the care you received and determine if it met acceptable standards.
• Building your case: We use the collected evidence to establish that the medical professional or hospital responsible for your diagnosis failed to deliver appropriate care, resulting in harm. This stage includes developing a timeline of events, identifying errors, and consulting specialists to support the claim.
• Negotiations and settlement discussions: Once the claim is prepared, we initiate negotiations with the responsible parties to secure a fair settlement. Our solicitors aim to resolve claims out of court where possible, allowing clients to receive compensation without lengthy proceedings.
• Court proceedings (if necessary): If a settlement cannot be reached, our solicitors may take the claim to court to pursue the compensation you deserve. With extensive experience in clinical negligence cases, we deliver robust representation to help you achieve a successful outcome. However it is very rare for clinical negligence claims to be heard in court and the vast majority settle before the need for a court hearing. 

By managing every aspect of the claim process, JMW’s cancer misdiagnosis solicitors provide dedicated support, giving clients confidence and clarity at each stage.