Failure To Treat Cancer Compensation Claims

Failure to treat cancer can have potentially fatal consequences. When a doctor or medical professional fails to treat cancer, it presents opportunities for cancer to spread, symptoms to worsen, and could potentially lower the effectiveness of any future treatment. 

Failure to treat cancer claims

Failure to treat cancer claims guide

Through this article, you can find out how this can happen, what counts as medical negligence, and how a No Win No Fee solicitor can help you make a claim.

Our advisors are ready to provide free legal advice and to help you start your claim today. Get in touch by:

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  1. What Is A Failure To Treat Cancer?
  2. What Are The Effects Of Failing To Treat Cancer?
  3. Why Could Cancer Be Missed?
  4. Can You Claim For The Failure To Treat Cancer?
  5. Failure To Treat Cancer Settlements
  6. Why Talk To Us About Your Claim?

What Is A Failure To Treat Cancer?

Failure to treat cancer can happen for many reasons with a variety of consequences, but not all of these cases form the basis of a valid claim. For example, symptoms could present later than they usually would. In cases such as these, delayed treatment can be unavoidable, and not a result of medical negligence.

To make a claim, you must be able to prove that:

  • A medical professional owed you a duty of care
  • This duty of care was breached
  • Your symptoms worsened or you suffered another form of harm as a result of this breach

Every medical professional owes their patients a duty of care. This means that any actions they take surrounding you and your treatment must meet a minimum standard. The General Medical Council (GMC) outlines the standard of care expected by registered medical professionals in their duties of a doctor.

To find out if you have a valid medical negligence claim, get in touch with our team of expert advisors today. If your claim is valid, you could be connected with a No Win No Fee solicitor from our panel. 

What Are The Effects Of Failing To Treat Cancer?

Failure to treat cancer can have a range of effects and consequences, some of which can be fatal. Some examples of these consequences include:

  • Worsening symptoms: If a medical professional fails to treat cancer appropriately, symptoms can worsen. For example, in cases of misdiagnosed or late-diagnosed bladder cancer, painful swelling in the legs or pelvic pain could worsen.
  • Spreading of cancer: In some cases, the longer a patient waits for treatment, the further the cancer can spread throughout the body. This can have potentially fatal effects, as some treatments are only effective in the earlier stages of cancer.
  • Invasive surgery: If a medical professional fails to treat your cancer appropriately, it could spread and potentially worsen. In this case, you may need to undergo more invasive procedures than you would have otherwise, such as a lumpectomy if you have breast cancer.

Our advisors can offer free legal advice and more help surrounding your medical negligence compensation claim. Contact us today by following the information at the top of the screen. 

Cancer Treatment Statistics

According to a study published by the British Medical Journal (BMJ), “even a four-week delay” in cancer treatments is associated with increased mortality indications in at least seven cancers. 

This comes alongside reports from cancer charity Macmillan, stating that around 325,000 people are diagnosed with cancer every year in the UK. The current targeted waiting time in England, Scotland, and Northern Ireland for cancer treatment is two months from the day of referral. 

Why Could Cancer Be Missed?

Delayed treatment and delayed diagnosis can result in failure to treat cancer, but this isn’t always due to negligence. For example, symptoms might not show until the cancer is already in the later stages, or the symptoms that do show are not consistent with a cancer diagnosis. In cases like these, your doctor or GP may not be able to make a diagnosis.  

Could A Doctor Misdiagnose Cancer?

Although some cases of misdiagnosis and delayed treatment are unavoidable, sometimes the failure to treat cancer is due to negligence. Some examples of how negligence can contribute to misdiagnosis or failure to treat a condition can include:

  • Misreading test results: For example, if a medical professional fails to spot a mass or tumour in a mammogram or other scan, they could miss important signs of breast cancer. This could lead to the patient receiving the wrong care, or no follow-up care at all leading to the cancer spreading.
  • Ignoring patient concerns: An example of this could be a patient clearly and adequately describing their symptoms to a doctor. If these symptoms suggest cancer, but the doctor in question fails to make a referral or order follow-up tests, this delayed diagnosis could cause the symptoms to worsen, or the cancer to spread.
  • Lost medical records: If a patient’s medical records are lost or destroyed, this can cause a significant delay in diagnosis or treatment, which in turn can lead to failure to treat their cancer.

To learn more about how negligence can contribute to cancer being misdiagnosed or a failure to treat cancer, get in touch with our team of advisors today.

Can You Claim For The Failure To Treat Cancer?

To claim compensation for medical negligence, you must be able to provide proof that it was caused by negligence on the part of a medical professional. If you choose to utilise the services of a No Win No Fee solicitor from our panel, they can help you with this. 

Some examples of steps you could take to help strengthen your claim include:

  • Medical records: Records that show you going to your doctor with symptoms, but them failing to treat you, could be used in support of your claim.
  • Symptoms diary: Maintaining a record that details how the suspected negligence has affected your health can help strengthen your claim.
  • Get legal advice: Our advisors can offer free legal advice to help you with your claim, and can potentially connect you with a lawyer from our panel. Get in touch today to find out more.

Failure To Treat Cancer Settlements

When starting a medical negligence claim, you might wonder how much compensation you could receive. For example, some people choose to use medical negligence compensation calculators to find out how much they could be owed. However, we’ve chosen to include the table below in lieu of this. 

If your claim is successful, you will receive general damages. This head of your claim covers the pain and suffering caused by the impact on your health. A document known as the Judicial College Guidelines (JCG) is often used by solicitors and legal professionals to help estimate how much claimants could receive in general damages. You can find some examples of JCG compensation brackets in the table below:

Injury TypeCompensation BracketNotes
Female Reproductive System (a)£114,900 to
Infertility by way of disease or injury, with scarring, pain, depression and anxiety.
Bowel Injuries (b)Up to
Total loss of natural function, with complete dependence on colostomy.
(a) Removal of Lung£100,670 to £150,110Loss of one lung with possible serious damage to the heart.
Total Deafness£90,750 to £109,650Consideration given to extent of tinnitus and speech deficit.
(b) Lung Cancer£70,030 to £97,330Lung cancer causing serious pain and compromising existing quality of life, typically in someone older.
Male Reproductive Injuries (d)£56,080 to
Sterility in the case of a young man with no children that carries no aggravating features.
Total Loss of One Eye£54,830 to £65,710Consideration given to scarring, psychiatric effect and age.
Less Severe Brain Damage£15,320 to £43,060While a good recovery can be made, thre may not be a full return to pre-injury functioning.
Loss of Spleen£20,800 to
Cases of weakened immune system leading to continuing risk of internal infections.
Moderate Post Traumatic Stress Disorder£8,180 to £23,150Good improvement can be made through professional help, and a good prognosis is expected.

You might also be eligible for special damages. Special damages cover any financial losses you might have incurred due to the impact the negligence had on your health. This can include expenses such as travel costs to and from hospital appointments, or mobility aids. However, you must be able to provide proof of these losses. As such, it can be helpful to keep any relevant bills, invoices, or payslips you might receive. 

Our advisors can tell you if you have a valid claim and can provide you with a free estimation of how much you could receive if your failure to treat cancer claim is successful. Get in touch today by using the information below.

Why Talk To Us About Your Claim?

Choosing a No Win No Fee solicitor to help guide you through the claims process can help you tackle any questions that might have felt too daunting to deal with alone. A No Win No Fee agreement can be a great way to fund legal representation with minimised financial risk. 

When you enter into a No Win No Fee agreement, you don’t have to pay any upfront or ongoing fees to your solicitor. If your claim is successful, your solicitor will take a previously agreed percentage of your award as their success fee. However, if your claim fails, you will not need to pay this fee to your solicitor. 

Our panel of expert No Win No Fee solicitors are ready to help you make your claim today. Get in touch with our team of advisors today for free legal advice and a full estimation of what your claim could be worth by:

  • Calling us on the number at the top of this page
  • Starting your claim online 
  • Using the live chat feature on this page

Related Cancer Misdiagnosis Information

To learn more about failure to treat cancer and other medical negligence issues, try our guides on:

 Or, for more helpful resources:

Writer Cat Hatton

Publisher Fern Styles