Cancer Misdiagnosis Claims

If you have ensured a cancer misdiagnosis, you may be able to claim compensation. Misdiagnosing cancer can lead to devastating consequences and severely impact the lives of patients and their families. We are here to help you.

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Claiming for Misdiagnosed Cancer

The misdiagnosis of cancer can delay treatment or cause the patient to undergo an unsuitable treatment plan. These situations can be painful and lead to devastating consequences, and in the most severe cases, may sadly lead to a preventable death. Medical professionals have a duty of care to their patients to ensure a correct diagnosis is given so they can achieve the best possible outcome.

If you have suffered from a cancer misdiagnosis, we advise that you get in touch with our specialist solicitors to explore your options in seeking the compensation you deserve. Just a four week delay may affect the outcome of a patient, this is a really important factor that as medical negligence solicitors we will take into account, see the article by the BMJ: Four Week Late Cancer Misdiagnosis

The Most Misdiagnosed Types of Cancer

With our knowledge and experience, we have put together what we believe are the five most common types of cancers that are misdiagnosed:

Other common cancers that medical professionals often misdiagnose are:

Stomach Cancer
Leukaemia

This list is not exhaustive, as many other cancers can be misdiagnosed.

If you seek clarity or legal advice, contact our experienced claims solicitors today.

Can I Claim for Cancer Misdiagnosis?

If you received a misdiagnosis, you should be able to claim for medical negligence. When a loved one has died due to a 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 quickly provide your solicitor with instructions. This time limitation may be extended in some situations, but the sooner a claim is made, the better.

NHS guidelines recommend specific cancer pathways from initial consultation to treatment, including a specified time frame for a referral. If these guidelines are not adhered to, you may be able to make a cancer misdiagnosis compensation claim. View our page on the average payout for cancer misdiagnosis to see how much you might be able to claim.

If you think you are eligible for a claim, call us on 0151 724 7121 or use our contact form.

Frequestly Asked Questions

A cancer misdiagnosis claim is a legal action taken when a medical professional’s failure to correctly diagnose cancer results in harm. This may include delayed diagnosis, incorrect diagnosis, or failure to diagnose, leading to worsened outcomes or unnecessary treatment.

Common causes include:

Failure to order or interpret diagnostic tests, such as biopsies or scans.
Mistaking cancer symptoms for less serious conditions.
Misreading pathology results or imaging scans.
Poor communication between medical professionals.

A misdiagnosis can lead to:

Delayed treatment, allowing the cancer to progress.
Unnecessary treatment for a condition you don’t have.
Increased emotional distress or loss of trust in medical care.
Reduced survival chances or quality of life if treatment options are limited by the delay.

Yes, if the delay in diagnosis was due to medical negligence and this caused harm, such as more aggressive treatment, reduced prognosis, or avoidable suffering, you may be able to claim compensation.

To succeed, you must prove:

The healthcare provider breached their duty of care.
This breach directly caused or worsened your condition.
You suffered physical, emotional, or financial harm as a result.

Compensation depends on:

The severity of the harm caused by the misdiagnosis.
The impact on your prognosis and quality of life.
Financial losses, such as lost earnings or medical expenses.
Pain and suffering experienced due to negligence.

In most cases, you have three years from the date of the misdiagnosis or when you became aware of the negligence. In cases involving children or individuals who lack mental capacity, different time limits may apply.

Yes, if a loved one passed away due to a cancer misdiagnosis, you may be able to make a claim on their behalf. This is typically done by the executor of their estate or a close family member.

Key evidence includes:

Medical records showing appointments, tests, and diagnoses.
Reports from independent medical experts.
Details of how the misdiagnosis affected your treatment, prognosis, or quality of life.
Financial records to demonstrate losses or expenses.

Yes, private healthcare providers owe the same duty of care as NHS professionals. If negligence occurred, you can make a claim against the private hospital or doctor involved.

A claim can:

Provide financial compensation for losses and suffering.
Highlight failings in medical care to prevent similar errors in the future.
Help secure funds for ongoing treatment or care needs.

No, making a claim should not affect the care you receive. Healthcare providers are required to continue treating you without bias, regardless of any legal action.

Yes, claims can be made for unnecessary treatment due to a false positive or early misdiagnosis, especially if the treatment caused harm, side effects, or financial losses.

Misdiagnosis claims can arise from any type of cancer, but common examples include:

Breast cancer.
Lung cancer.
Bowel cancer.
Prostate cancer.
Skin cancer (e.g., melanoma).

Yes, if the initial misdiagnosis caused unnecessary suffering, worsened your condition, or led to more invasive treatment than necessary, you may still have a valid claim.

The timeframe varies depending on the complexity of the case. Straightforward claims may settle in 12-18 months, while more complex cases can take several years.