Cancer Misdiagnosis

Cancer Misdiagnosis Claims

If your cancer was misdiagnosed, you may be entitled to claim compensation. This page explains how the claims process works, introduces our expert cancer misdiagnosis lawyers, and answers key questions. You’ll also find real examples of how we’ve helped clients secure financial support after a delayed or missed cancer diagnosis.

Specialist cancer misdiagnosis lawyers

At Osbornes Law, we’re fearless advocates for cancer patients let down by the NHS and other healthcare providers. Our award-winning medical negligence solicitors are among the most experienced in the UK, and we are proud to work closely with charities like Action Against Medical Accidents to improve patient safety and accountability.

We understand how devastating it is to learn that your cancer could have been treated sooner. We’re here to help you get answers, an apology, and the compensation you need to move forward.

Commonly misdiagnosed cancers

The most frequently misdiagnosed cancers include:

• Breast cancer
• Bowel cancer
• Lung cancer
• Prostate cancer
• Skin cancer (melanoma)
• Cervical cancer
• Ovarian cancer
• Pancreatic cancer
• Brain tumours

Types of errors that can occur with cancer diagnosis

Cancer misdiagnosis occurs when a doctor does not diagnose the cancer properly. This could be through:

• Failing to investigate your symptoms
• Failing to order a test like a biopsy
• Ordering the wrong tests
• Misinterpreting test results, tissue samples or scans
• Recommending the wrong course of treatment
• Referring you to the wrong type of specialist

A cancer compensation claim is a type of medical negligence claim. Most of our cases relate to the late diagnosis, misdiagnosis or mistreatment of cancer by medical professionals. For example, your GP may fail to identify your symptoms as cancerous and delay in ordering the correct tests. Or, you may receive the wrong diagnosis entirely, resulting in improper treatment that could worsen your health.

With cancer more than any other medical condition, treatment is most effective when the cancer is detected early. This means that late, missed or negligent treatment can lead to a series of poor outcomes for the patient. These include:

• Fewer treatment options available
• The need for more invasive treatment
• More time for cancer to spread
• Depression or psychological conditions that persist beyond the end of the cancer treatment
• Avoidable or early death

If you can show that your cancer care fell below the acceptable standard, then you may have a claim for compensation.

How do I make a cancer misdiagnosis claim?

Cancer misdiagnosis claims can be complicated, so it is vital to consult with a specialist cancer misdiagnosis solicitor to guide you through the process effectively. We have set out the steps below:

1. Speak to our experts
   We start with a face-to-face meeting, at home, in hospital or at our offices. We’ll listen carefully to what’s happened and advise whether you have a claim.
2. We assess your case
   After our meeting, we’ll talk you through the likely outcome, potential compensation, and how long the process could take. If we agree to take your case, we’ll also explain your funding options, including No Win No Fee agreements.
3. Your dedicated caseworker
   Once your claim begins, you’ll have a named contact looking after your case, keeping you informed and involved at every stage.

Building your case

1. Gathering medical evidence
   We’ll obtain all relevant medical records – including notes related to your diagnosis, referral history, treatment records, and any follow-up care documentation – to assess where and how the misdiagnosis occurred.
2. Independent medical reports
   We work with independent oncology experts to understand what should have happened and how the misdiagnosis has affected your health and treatment options.
3. Letter of claim
   We formally notify the healthcare provider responsible for the misdiagnosis, whether a GP, consultant, or NHS Trust, setting out what went wrong, its impact on your health, and the compensation you’re seeking. They must acknowledge within 14 days and provide a full response within four months.

What happens next?

1. Negotiating a settlement
   If the healthcare provider accepts liability, we begin settlement negotiations. We’ll make sure any offer reflects your pain, suffering, future care needs, and financial losses including lost income and medical bills. If you need urgent help, we may request an interim payment.
   
2. Issuing court proceedings
   If liability is denied or negotiations break down, we may issue court proceedings. We continue to seek a settlement at every stage, using mediation or alternative dispute resolution where appropriate to avoid court.
3. Court decision or final settlement
   Most claims are resolved out of court. If yours goes to trial, a judge will decide whether negligence occurred and award compensation if the claim is successful.

Can I make a no win no fee cancer misdiagnosis claim?

Yes, most of our medical negligence clients make their claims on a no win, no fee basis. Which means you only pay any legal fees if your claim is successful. If your claim is successful, we will deduct a maximum of 25% of the compensation award.

Why choose Osbornes Law?

We have decades of experience securing very high compensation awards for clients affected by cancer. We are also here to support you and your family through this difficult time.

• Ranked by The Legal 500 and Chambers UK as a top-tier clinical negligence firm
• Named one of The Times Best Law Firms
• Proven track record of securing life-changing compensation for cancer patients
• Lawyers with clinical backgrounds who understand your condition
• Supportive, sensitive approach—your wellbeing comes first
• We’re here when you’re ready. Call us in confidence for a no-obligation conversation about your case.

You can call us now on a no-obligation basis and in the strictest confidence. To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811