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Delayed Lung Cancer Diagnosis

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Late Diagnosis of Lung Cancer compensation

Lung cancer is when abnormal cells divide in an uncontrolled way to form a tumour in the lung. The main symptoms are a cough, breathlessness and weight loss. The treatment you need depends on what type you have as well as your general health. Treatments include surgery, chemotherapy and radiotherapy.

Therefore late or delayed diagnosis of lung cancer by a medical profession such as your General Practitioner or a consultant at hospital may result in additional suffering, pain, discomfort, loss of quality of life and even death.

How can you Claim Compensation for Lung Cancer?

In most medical negligence claims for late diagnosis of lung cancer, or a misdiagnosis, the following factors the solicitors will take into account:

  • A test that is not right for your symptoms and complaints that has not been followed up and explained to you.
  • Your General Practitioner or Hospital Consultant failed to diagnose your symptoms correctly or at all or refer you to a specialist.
  • There has been a failure to follow up your complaint.

Everyone knows that spotting and treating the signs of cancer is important for survival and better outcomes to include a better quality of life to to live cancer free.  Thus any delays caused by your General Practitioner or Hospital Consultant may reduce your quality of life and reduce the quality of life.

Missing opportunities to Correctly Diagnosed Lung Cancer

A  BBC News report found that “Doctors in Britain are ‘missing opportunities’ to spot lung cancer at an early stage”. The study found around a third of people with the condition die within 90 days of their initial diagnosis. Furthermore, a study conducted by BBC news has indicated that out of over 20,000 lung cancer patients over 30, a staggering 1 in 10 patients had died a month after diagnosis.

These statistics suggest a huge problem in terms of late diagnosis of lung cancer patients, a problem which has led to the deaths/ prolonged suffering of many patients. If you believe you have suffered medical negligence due to delayed cancer diagnosis, please Contact Us | Hutcheon Law.

They found people were more likely to die early if they were male, over the age of 80, currently smoking, were socioeconomically deprived, or lived in rural areas. They were also less likely to have had a chest X-ray requested by their GP in the four months before diagnosis.

It has been found that people who presented to their GP with symptoms of lung cancer were initially sent away and diagnosis of the disease was not made until up to a year later when the symptoms had not eased. These included a persistent cough, persistent breathlessness, an ache or pain when breathing or coughing.

Despite the symptoms of lung cancer being more apparent compared to other types of cancer, there’s still mass negligence in terms of misdiagnosis and late diagnosis which can be fatal.

See: GPs in UK ‘missing opportunities’ to spot lung cancer – BBC News

Spot the Symptoms

With around 46,000 new cases per annum, as well as being the most common cause of cancer deaths in both men and women. Knowing the symptoms is vital, this will allow medical professional to diagnose the cancer at an earlier stage before it progresses in the hopes of being able to treat the cancer.

Symptoms may include:

  • Persistent cough lasting three or more weeks
  • Breathlessness
  • Repeat Chest Infections
  • Chest/ Shoulder pain
  • Loss of Appetite/ unexplained weight loss
  • Coughing up blood

There are many symptoms for Lung Cancer which can be easily spotted, if you have or are suffering from any of these symptoms please speak to a medical professional immediately.

Follow the link below to see the symptoms in more detail.

See: Lung cancer signs and symptoms – Roy Castle Lung Cancer Foundation

The Stages of Lung Cancer:

There are four stages of Lung Cancer, each getting progressively worse; which is why it is important to understand the symptoms early, in order to gain a diagnosis. The stages include:

Stage 1: Cancer is found but has not spread outside the lung.

Stage 2: Cancer is found in the lung and nearby lymph nodes.

Stage 3: Cancer has spread to lymph nodes on the opposite sides of the chest, or above the collar bone.

Stage 4: Cancer has spread to both lungs, around the lungs or to distant organs.

For more information regarding the stages of Lung Cancer, See: Lung Cancer: Symptoms, Causes, Types, and More (healthline.com)

In comparison to other countries, Britain has been labelled as ‘falling behind’ by the University of Nottingham when learning that fewer people in the UK survive with Lung Cancer compared to other countries. For example, 46% of people with Lung Cancer in Sweden survived a year compared to 30% in Britain.

Further to the study, statistics provided by a BBC article indicates that out of 20,142 diagnosed Cancer Patients in a year; 1,071 had been diagnosed at death, 2,036 had died within 30 days of diagnosis and 1976 had died between 30 and 90 days of diagnosis. This leads to the conclusion that there’s mass medical negligence when it comes to late diagnosis of Lung Cancer patients.

See: GPs in UK ‘missing opportunities’ to spot lung cancer – BBC News

In a report by the UK Lung Cancer Coalition (UKLCC), they found that patients diagnosed via emergency transmission are over five times more likely to die within one year of diagnosis in comparison to being referred via a GP, showing how severe an impact late diagnosis’ are making on the mortality rate of Lung Cancer patients.

In addition to this, the UKLCC has said that the UK ‘has some of the worst Lung Cancer survival rates in Europe, due to it being diagnosed too late’.

A report carried out by the Office of National Statistics indicates that 88% of Lung Cancer patients will survive for at least a year if diagnosed early in comparison to 19% if diagnosed late; therefore, showing the impact of medical negligence. Read more about this below:

See: Lung cancer patients still being diagnosed too late (gmjournal.co.uk)

How Can I Make A Claim?

If you believe there is a misdiagnosis or delayed cancer diagnosis, you should be able to claim for medical negligence.  For more information on who can claim if a loved one has died see our specialist website: dependency claims, who can claim.

When a loved one has died due to misdiagnosis of cancer, it’s possible to recover compensation on their behalf. You may be able to claim if you are the spouse or child of the deceased, or if you’re the parent of a child.

Often there is a three-year time limit after the date of the death to make a claim so you must provide your solicitor with instructions quickly.  The three year period may be extended. However, the sooner a claim is made the better.

If there is a lung cancer due to asbestos exposure please click on the following link as asbestos exposure can cause lung cancer: mesothelioma compensation after death claims.

In any case, a delay to cancer treatment often means the disease could spread further, reducing the chance of survival. If you can prove your delayed cancer diagnosis was caused by medical negligence, then you may have a claim.

If you think you are eligible for a Clinical Negligence Claim. Call On: 0151 724 7121. Or, get in contact via our

Website: Contact Us | Hutcheon Law

Also Read:  – The 5 Most Common Misdiagnosed Cancer Claims – Hutcheon Law

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Frequestly Asked Questions

A delayed lung cancer diagnosis occurs when healthcare providers fail to identify or act on signs and symptoms of lung cancer promptly. This delay can lead to the disease progressing to a more advanced stage, reducing treatment options and survival chances.

Common reasons for delays include:

  • Failure to investigate symptoms like persistent cough or chest pain.
  • Misdiagnosis, such as attributing symptoms to conditions like asthma or bronchitis.
  • Delayed referrals for diagnostic tests, including X-rays or CT scans.
  • Administrative errors, such as lost test results or scheduling delays.

Delays can result in:

  • The cancer spreading to other parts of the body (metastasis).
  • Limited treatment options and increased need for aggressive interventions.
  • Reduced survival rates and poorer prognosis.
  • Increased physical and emotional suffering for the patient.

Yes, if medical negligence caused the delay and worsened your condition or prognosis, you may be eligible to make a claim for compensation.

To support your claim, you’ll need:

  • Medical records showing symptoms, missed opportunities for diagnosis, or delayed referrals.
  • Expert opinions from independent oncologists or radiologists.
  • Evidence of how the delay affected your health, treatment, or prognosis.
  • Documentation of financial losses, such as medical expenses or lost earnings.

Compensation depends on factors such as:

  • The severity of harm caused by the delay.
  • Impact on your prognosis, life expectancy, and quality of life.
  • Financial losses, including treatment costs and loss of earnings.
  • Pain, suffering, and emotional distress.

In most cases, you have three years from the date you became aware of the delayed diagnosis or its impact to start a claim. Exceptions apply for minors or individuals lacking mental capacity.

Symptoms that may be missed or misdiagnosed include:

  • Persistent cough or coughing up blood.
  • Shortness of breath or wheezing.
  • Chest pain or discomfort.
  • Fatigue or unexplained weight loss.
  • Frequent respiratory infections.

If you suspect a delay in diagnosis:

  1. Seek a second medical opinion to confirm the diagnosis and its progression.
  2. Obtain copies of your medical records.
  3. Contact a solicitor like ourselves specialising in medical negligence for advice on your case.

Yes, you can claim against both NHS and private healthcare providers if negligence occurred. Both have a duty of care to provide timely and appropriate medical treatment.

The time frame varies depending on the complexity of the case and whether the healthcare provider accepts responsibility. Straightforward cases may resolve in 12-18 months, while contested cases can take several years.

Delays caused by administrative issues, such as lost test results or scheduling delays, can form the basis of a claim if they directly led to harm or a worsened prognosis.

Yes, you may still have grounds for compensation if the delay caused unnecessary suffering, emotional distress, or required more invasive treatments than would have been needed with an earlier diagnosis.

Yes, family members can make a claim on behalf of someone who has passed away due to a delayed lung cancer diagnosis. This may include compensation for financial dependency, funeral expenses, and emotional distress.

Independent medical experts provide crucial opinions on whether negligence occurred and how the delay affected your health and prognosis. Their assessments are key to building a strong case.

Compensation may cover:

  • Psychological trauma: Anxiety, depression, or emotional distress caused by the delay.
  • Medical expenses: Costs of treatment, counselling, or therapy.
  • Loss of earnings: Compensation for reduced income due to illness.
  • Pain and suffering: Damages for physical and emotional harm.

We offer a "No Win, No Fee" basis, meaning there are no upfront costs, and you only pay if the claim is successful, minimising financial risks.

Early diagnosis increases the chances of successful treatment and can often allow for less invasive options. Delays can result in advanced-stage cancer that is harder to treat, significantly reducing survival rates.

  • Contact a solicitor: Reach out to us for an initial consultation.
  • Gather evidence: Collect medical records, test results, and any other relevant documentation.
  • Submit your claim: We will guide you through the legal process and work to secure the compensation you deserve.

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