Melanoma misdiagnosis claims

At Osbornes Law, our medical negligence team has spent decades pursuing melanoma misdiagnosis claims for clients across the UK, including a case in which partner Jodi Newton acted for a woman whose foot melanoma was dismissed as a cosmetic concern. We act on a no win no fee basis.

Why melanoma misdiagnosis happens

Partner Jodi Newton acted for a client whose melanoma started as a lesion on her foot. A dermatologist examined it and reassured her that it was benign. Concerned that the lesion was changing, she returned to her GP. She was sent away and treated as a cosmetic concern rather than a cancer suspect. She went back. The same response.

Hospital radiology eventually confirmed the lesion was malignant melanoma. By then the delay had cost her the option of simple excision. The surgery was more extensive, the scarring greater, and her prognosis materially worse than it would have been had the dermatologist or her GP acted on the warning signs at first presentation. Jodi successfully pursued a medical negligence claim on her behalf.

This pattern repeats across the melanoma claims we handle. The lesion is dismissed at a routine appointment, dismissed again on return, and the patient is left with the surgery, the scarring or the systemic treatment that prompt diagnosis would have avoided.

Two factors drive most misdiagnosis claims. The first is acral lentiginous melanoma. This subtype appears on the soles, palms and under nails, often without obvious pigmentation. It is rarer than the classic mole-derived melanoma, so it is more often missed in primary care. The second is the assumption that an unusual mole in a young patient must be benign. Melanoma is among the most common cancers in young adults in the UK.

Our team also acts in delayed diagnosis claims for non-melanoma skin cancers. Associate Elline Demetriou settled a delayed basal cell carcinoma claim where the patient’s BCC went undiagnosed before treatment was eventually started.

What NICE NG12 expects from a GP

NICE guideline NG12 sets out what should happen with a suspicious skin lesion. GPs should apply the weighted 7-point checklist to pigmented lesions. The major features (change in size, change in shape, change in colour) score 2 points each. The minor features (diameter 7mm or more, inflammation, oozing or crusting, change in sensation) score 1 point each.

A score of 3 or more should trigger an urgent referral on the two-week-wait suspected cancer pathway. A lesion that looks like a nodular melanoma should be referred regardless of the score. A pigmented or non-pigmented lesion that suggests melanoma on dermoscopy should also be referred urgently.

When we review records, we look for whether the checklist was applied, what the dermoscopy showed, and whether the lesion was photographed and reviewed at the next appointment. If those steps were skipped, that is often the starting point for a breach of duty argument.

When a missed melanoma diagnosis amounts to medical negligence

A claim does not arise just because the diagnosis came late. We have to show two things. First, that the care fell below the standard of a reasonably competent GP or dermatologist. Second, that the delay made a real difference to your treatment options or your prognosis.

NICE NG12 and NICE NG14 (melanoma: assessment and management) are the benchmarks we use. NG14 sets the pathway from the point of suspicion through staging, sentinel lymph node biopsy, surgical management, BRAF mutation testing and immunotherapy options.

Causation in melanoma claims turns on Breslow thickness, the depth of the tumour measured under the microscope. A melanoma found at less than 1mm is usually cured by wide local excision alone, with a five-year survival above 95%. The same tumour caught months later at 4mm or with sentinel lymph node involvement requires more extensive surgery, adjuvant immunotherapy, and carries a far worse prognosis. We instruct independent dermatologists and oncologists to compare what your treatment and outcome would have been at the missed appointment with where you are now.

The impact of a late melanoma diagnosis

Early melanoma is one of the most curable cancers. A thin lesion, excised promptly with a clear margin, often requires no further treatment beyond surveillance.

The picture changes as the Breslow thickness increases. Beyond 1mm, sentinel lymph node biopsy becomes standard. Stage III disease means lymph node involvement and the offer of adjuvant immunotherapy with drugs such as pembrolizumab or nivolumab. Stage IV disease means metastatic spread, and treatment shifts to systemic immunotherapy, targeted therapy for BRAF-mutant melanoma, or palliative care.

The impact reaches beyond clinical outcome. Wider excisions leave more disfiguring scars. Lymph node clearance can cause chronic lymphoedema. Systemic treatments come with their own side effects, and the prospect of recurrence shapes everything that follows. We act for families in fatal medical negligence claims where a thin curable melanoma at the missed appointment had progressed to stage IV by the time of diagnosis.

What you can claim compensation for

Compensation is calculated under two heads. General damages cover the pain, suffering and loss of amenity caused by the negligence. The Judicial College Guidelines set the brackets for cancer cases, including scarring. Special damages cover the financial losses.

In practice, that includes:

• Loss of earnings if the late diagnosis has stopped you working, or shortened your working life.
• Private treatment costs, including private immunotherapy or follow-up imaging not always offered on the NHS.
• Scar revision surgery, compression garments and lymphoedema management.
• Travel costs for hospital, dermatology and oncology appointments.
• Psychological treatment for the impact of the diagnosis and any disfigurement.
• Future losses, including pension shortfall and dependency claims under the Fatal Accidents Act 1976 where the prognosis is poor.

The figure in any individual claim depends on the Breslow thickness at the missed appointment, the Breslow thickness at diagnosis, the impact on treatment and life expectancy, and the financial losses.

Making a melanoma claim with Osbornes

We work in three stages.

1. Initial review. You tell us what happened. We listen, ask questions, and tell you honestly whether we think there is a claim worth investigating. There is no obligation at this stage.
2. Investigation. We obtain your full GP, dermatology and histology records. We instruct an independent dermatologist to review the standard of care, and an oncologist to address what difference earlier diagnosis would have made. This work is funded under a no win no fee agreement.
3. Resolution. Most melanoma claims settle out of court once the medical evidence is exchanged. If yours does not, our medical negligence lawyers will issue proceedings and take the case to trial.

You have three years from the date of the negligence, or the date you became aware that negligence may have caused harm, to bring a claim. In melanoma claims, the second date often applies because the link between the missed appointment and the eventual stage at diagnosis only becomes clear later.

Why families choose Osbornes for melanoma claims

Our medical negligence team is led by partner Jodi Newton, whose work on delayed cancer diagnosis claims is recognised by Chambers UK 2026 and Legal 500 2026. Several of our solicitors hold medical qualifications, which means we read dermatology notes, histology reports and oncology records the way an expert witness would.

“They know the law inside out and proactively work with counsel to drive cases forward. They are a go-to for complex claims.”

Chambers UK 2026

We are members of the Action against Medical Accidents (AvMA) clinical negligence panel and hold the Law Society Clinical Negligence Accreditation. Both signal specialist expertise in this area of clinical negligence.

Speak to a melanoma claims solicitor today

If you believe your melanoma was missed, misdiagnosed or diagnosed too late, our cancer misdiagnosis lawyers will review your case in confidence and without obligation.

Call 020 7485 8811 or fill in the contact form below.