Cancer Misdiagnosis & Delayed Diagnosis
Claim Delayed Cancer Diagnosis Compensation
If your cancer diagnosis was missed or delayed, or you did not receive the cancer treatment you should have received, Osbornes can help.
Stephanie Prior Partner
This page will guide you through the cancer misdiagnosis claims process. You will learn more about our specialist cancer misdiagnosis lawyers and get answers to some of your biggest questions. Finally, we will show examples of our work and how we have helped clients obtain favourable settlements in their cancer misdiagnosis compensation claims.
Table of Contents
Fearless advocates for cancer patients
Our medical negligence team is one of the most experienced and reputable in the country. Through our partnerships with Action Against Medical Accidents and other charities, we are at the forefront of fighting for patients’ rights and improving the complaints management process when things go wrong. We fight to get cancer patients an explanation, an apology, and the compensation they need to manage their new reality comfortably.
Expert cancer misdiagnosis lawyers
Receiving a cancer diagnosis can be one of the scariest moments in your life. The realisation that you could have had better treatment options if your cancer had been caught earlier adds to the devastation.
When you choose Osbornes to represent you, our cancer misdiagnosis lawyers are responsible for supporting you through this difficult experience. As well as pursuing compensation for misdiagnosis on your behalf, we focus on arranging the physical, practical and emotional support you need to help you through your cancer journey and beyond.
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:
Contact our specialist cancer misdiagnosis lawyers.
We’ll meet you face-to-face before taking the case on. The appointment can take place at your home, in hospital or at our offices, whatever is best for you. We will assess your case and advise whether you have a valid injury claim.
Decide to work with us.
Following our meeting, we’ll advise you about the prospects of success, the potential value of your cancer misdiagnosis claim, and how long it will take. If we all agree that Osborne Law should take your medical negligence case on, we will discuss the funding of your claim, including whether to run your claim under a No Win No Fee agreement.
You’ll have direct access to a dedicated case worker throughout your case. They will keep you informed of the progress of your claim and consult you about all decisions relating to your case.
Investigate the claim
To help us prepare your claim, we’ll collect all medical records related to the pregnancy, birth, and any treatment provided to the mother and child. This includes records from prenatal visits, hospital records, and any records of follow-up care. Also, documents relating to the baby’s condition and any symptoms or issues that have arisen.
Independent medical reports
To help prove that negligence occurred, we may consult an independent oncologist. They will conduct a physical examination and prepare a medical report giving their opinion about your cancer diagnosis, what treatment should (or should not) have been given, and how long it will take you to recover.
Letter of claim
We’ll write to the healthcare provider that treated you, telling them that you’re taking legal action – this could be your GP or the local NHS Trust. It will clearly outline the details of the misdiagnosis, its impact, and the compensation being sought. The healthcare provider has 14 days to acknowledge receipt of the letter and four months to conduct their own investigations and respond. At this point, we find out if the healthcare provider admits liability or disputes the claim.
Negotiate a settlement
If the healthcare provider accepts liability, we can start negotiating a settlement based on what we think you’re entitled to. The amount will reflect the type and severity of your diagnosis, the impact they have on your quality of life, and financial losses such as loss of earnings, medical bills, and the cost of any future care you may need. We can also apply for an Interim Payment if you need urgent funds or medical care before the settlement is agreed.
Issue court proceedings
If the healthcare provider denies liability or we can’t agree on a suitable settlement, we may need to start court proceedings. As a first step, the Court will set a timetable for the various stages of the litigation. This can stretch over many months, so we keep negotiating with the other side and try to reach an agreement before a court hearing is necessary. We may arrange mediation or some form of alternative dispute resolution at any point of the claim, as this can often lead to a faster, more amicable outcome and help keep costs down.
Settlement or court decision
Cancer misdiagnosis claims, like most medical negligence claims, typically do not usually go to court. If yours does, then a judge will decide on the outcome after hearing evidence from both sides. You will receive compensation for your injuries, financial losses, and legal costs if successful. If unsuccessful, you may not receive compensation and may have to pay the defendant’s legal costs.
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. You can call us now on a no-obligation basis and in the strictest confidence.
- First-rate medical negligence solicitors specialising in complex cancer compensation claims
- Experienced lawyers with a clinical background
- Strong track record securing significant sums of compensation to help cancer patients
- Hailed as one of the “Best Law Firms” by The Times
- Ranked by Chambers and Legal 500 as a leading clinical negligence firm
Speak to a Cancer Misdiagnosis Lawyer
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
Cancer misdiagnosis claim FAQs
What is cancer misdiagnosis?
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.
NHS or private healthcare providers can be responsible for cancer misdiagnosis. Our experienced team is able to bring claims against whoever is responsible.
Can you claim compensation for cancer misdiagnosis?
The legal test is:
- Whether the doctor or hospital breached their duty of care to you, and
- Whether you suffered harm as a result
According to the first part of the test, your treatment may be negligent if it falls below the standard of a reasonable body of medical opinion. Since we are legal experts, not doctors, we bring in independent medical experts to determine if the quality of care you received deviated from the usual professional standards.
The second part of the test is to prove that the healthcare provider’s actions caused the harm. For example, if you receive a late diagnosis of breast cancer and an operable tumour became an inoperable tumour as a result, then it is highly likely that the doctor’s actions caused you harm. But if the cancer was untreatable anyway, then it is likely that the doctor’s actions did not contribute to your condition.
As you can see, cancer compensation cases are often very complicated. Having an experienced lawyer by your side is a must. Year after year, the independent legal directories rank Osbornes at the top of our field. We can help you understand whether you have a credible medical negligence claim.
What will impact my cancer mis or delayed diagnosis claim?
We will look at various factors when valuing your claim, including:
- The severity of your injuries
- Changes to your life expectancy
- Lifestyle changes, such as having to give up work or hobbies
- Lost earnings due to misdiagnosis
- Medical expenses
- Care costs
Our expert cancer misdiagnosis lawyers will be able to give you a better idea of what you may be entitled to based on your circumstances and similar cases they have seen.
When can I make a cancer compensation claim?
You can file a claim within three years of being made aware of the negligent treatment or misdiagnosis. For a loved one who died due to a late or missed cancer diagnosis, you must make the claim within three years of their death.
Please do not delay in making a claim as this may jeopardise your chances of success.
Osbornes is a very respected firm in the marketplace.
They handle really complex cases very well
The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.
Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.
Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.
Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.
Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions
A joy to work with and always 100% client focused at all times.
The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients
“The team is very quick and efficient in responding."
"Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."
‘They are ambitious for their clients and expect high standards from all who work with them.’
"Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."
"Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."
Stephanie has developed a particularly strong reputation for her handling of birth injury claims, as well as cases concerning surgical negligence and delays in surgery.
"An excellent firm which achieves fantastic outcomes for clients."
"Stephanie Prior takes on complex cases and gets excellent results. She has a background in medicine which serves her clients well and is a realistic but tough litigator."
"Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."
"Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."
"Stephanie shows sensitivity and deals with things in an understanding way."
Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.
The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.
"Stephanie Prior has a realistic attitude to the complexities of the cases. She wins the trust of her clients and goes the extra mile to ensure they get the best outcomes."
"Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."
"Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
Stephanie Prior is always very professional and kind. Highly recommended.
Quite simply excellent, with a highly competent and well-rounded team. They understand complex medical litigation and have been our lifesavers, and we will always owe them our immense gratitude.
Client StoriesVIEW ALL
Large Compensation for Delayed Laryngeal Cancer Diagnosis
Actress receives financial award after life-changing missed cancer diagnosis. Jodi Newton acted for a client who was belatedly diagnosed with...Read more
Delayed cervical cancer diagnosis claim
Jodi Newton acted for a woman who died following a delayed cervical cancer diagnosis. The deceased could have been diagnosed...Read more
Delayed skin cancer diagnosis
We are pleased to have successfully settled a client’s claim for a delayed cancer diagnosis – Basal Cell Carcinoma (“BCC”)....Read more
Delayed diagnosis of appendiceal cancer
The medical negligence team at Osbornes Law has recently settled a case involving a patient who passed away following a...Read more
Melanoma misdiagnosis negligence claim
Jodi Newton is acting for a client with a melanoma on her foot, which the dermatologist diagnosed as benign. Concerned...Read more
Delayed Glioma Diagnosis
Our delayed cancer diagnosis solicitors are acting for a family who experienced delays in cancer diagnosis, in that a male...Read more
Cervical cancer misdiagnosis
Cervical Cancer Misdiagnosis Dating Back Four Years Jodi Newton, clinical negligence solicitor Osbornes Law, recently settled a claim for the...Read more
Insights from our Medical Negligence LawyersVIEW ALL
Breast cancer screening mammograms and negligence
Breast cancer screening has improved significantly in the UK due to research bettering the understanding of this terrible disease, which...Read more
Late Cancer Diagnosis Crisis Within NHS
The Health and Social Care Committee recently released a 52-page report on cancer services, expanding on the crisis in England (...Read more
Record high waiting lists put cancer patient lives...
In early January 2022 there were nearly six million people in England waiting for routine operations and treatment: a record high....Read more
Preventing lung cancer delayed diagnosis & misdiagnosis
Lung cancer is one of the most common and serious cancers – sadly, it is often incurable. In common with other...Read more
Delay in Cancer Diagnosis and Chances of Survival
According to Macmillan Cancer Support, there are an estimated 2.5 million people living with cancer in the UK. It is predicted...Read more
Claims Against Ian Paterson for Breast Surgery Errors
Former Consultant surgeon Ian Patterson has been found guilty of 17 intentional wounding counts. In May this year he was sentenced...Read more
The NHS, Computers and Breast Cancer
According to reporting from the BBC, as a consequence of a computer error, nearly half a million women in England...Read more
New treatment for Prostate Cancer Patients
The Royal Marsden Hospital and Guys Hospital, two leading London centres of excellence have just joined an exciting new medical...Read more
Bowel Cancer need not be a killer
Early diagnosis of bowel cancer is key. Cancer is a word that attracts stigma. Many people believe that if you...Read more
Changes to cancer treatment to have devastating effect...
The Government’s Cancer Drugs Fund (‘the Fund) announced that 21 out of 84 cancer treatments would be scrapped to save £80 million....Read more
Our Medical Negligence Team View the whole team
Rob Aylott Partner
Personal Injury Solicitors
Jodi Newton Partner
Ben Posford Partner
Personal Injury Solicitors
Stephanie Prior Partner
Tahsin Choudhury Paralegal
Sophie Cole-Ducker Paralegal
Elline Demetriou Solicitor
Nicholas Leahy Associate
Andreea Martin Paralegal
Josie Robinson Senior Associate