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.

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  • “They are able to handle all clinical negligence claims including the very biggest catastrophic brain injury claims.”

  • “Stephanie is absolutely fantastic. She works incredibly hard for her clients and has a great deal of compassion.”

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.

      Chambers UK 2024

    • They handle really complex cases very well

      Chambers UK 2024

    • The clinical negligence team are knowledgeable and professional in their approach and demonstrate a high level of skill in litigation work.

      Chambers UK 2024

    • Osbornes Law offers experience in obstetric and fatal claims as well as niche cauda equina cases.

      Chambers UK 2024

    • Osbornes Law is an established firm which handles a breadth of complex and high-value clinical negligence matters.

      Chambers UK 2024

    • Osbornes has a skilled team of solicitors advising clients on a wide range of clinical negligence matters.

      Legal 500 2024

    • Hard working, approachable, good knowledge of clinical negligence and clients’ specific conditions

      Legal 500 2024

    • A joy to work with and always 100% client focused at all times.

      Legal 500 2024

    • The clinical negligence team at Osbornes is much lauded for its ability to ‘represent the diverse range of London-based clients

      Legal 500 2024

    • “The team is very quick and efficient in responding."

      CHAMBERS UK 2023

    • "Obsbornes Law is always client-focused and works tirelessly to obtain the best outcomes for clients."

      CHAMBERS UK 2023

    • ‘They are ambitious for their clients and expect high standards from all who work with them.’

      Legal 500 2023

    • "Osbornes somehow combine the accessibility of a local firm, with the professional standards of a national or city outfit."

      Legal 500 2023

    • "Osbornes, is described as having ‘superb judgement and a medical knowledge that is second to none."

      Legal 500 2023

    • 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.

      Chambers UK

    • "An excellent firm which achieves fantastic outcomes for clients."

      Legal 500 2021

    • "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."

      Legal 500 2021

    • "Stephanie Prior is hugely dedicated, adored by her clients, tenacious, efficient and extremely knowledgeable."

      Legal 500 2021

    • "Stephanie Prior is very good with troubled clients and is easily able to make them feel at ease."

      Legal 500 2021

    • "Stephanie shows sensitivity and deals with things in an understanding way."

      Chambers UK 2021

    • Osbornes provides a very intimate and personal client service which is increasingly rare in this sector.

      Legal 500 2020 - Clinical Negligence

    • The lawyers in the team are highly experienced and will drive cases very hard on behalf of their clients.

      Legal 500 2020 - Clinical Negligence

    • "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."

      Legal 500 2020 - Stephanie Prior

    • "Stephanie Prior... manages a varied caseload, including obstetric claims, child and adult brain injury cases and fatal and non-fatal spinal cord injury cases."

      Chambers UK

    • "Stephanie is experienced, knowledgeable of all aspects of clinical negligence work, and strategic in running cases."

      Chambers UK

    • "An exceptional outfit. They take on difficult cases, fight hard and win."

      Chambers UK

    • "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."

      Chambers UK

    • Stephanie Prior is always very professional and kind. Highly recommended.

      Medical Negligence Client

    • 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.

      Medical Negligence Client

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    Medical Negligence Accreditations

    • Times best law firm 2024
    • scil logo
    • legal 500 leading firm
    • chambers logo

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