Lung Cancer Claims

Lung cancer negligence lawyers

Lung cancer is the fourth most common cancer in the UK, with one person diagnosed every 15 minutes. Yet, despite being so prevalent, many cases go unrecognised by healthcare professionals who should have picked up on the signs and symptoms.

Lung cancer treatability has significantly improved in recent years, but early detection is key. Most people diagnosed early via screening will survive beyond 5 years, and often require only minimally invasive treatment.

For those diagnosed at stage 4, only around 5% will make it that far. This is why receiving an early diagnosis is so important. If there is any delay in detecting the cancerous cells, the cancer may spread, which can greatly lower the chances of fully curing it.

If you feel that your medical care fell below reasonable standards, you may be able to claim compensation. The money you receive could make your family’s life more comfortable and help you get access to specialist care, equipment and rehabilitation throughout your cancer journey.

Can I seek compensation for lung cancer?

Our cancer misdiagnosis solicitors offer a free consultation to anyone who would like to know if they can make a lung cancer negligence claim. During the interview, we will ascertain whether:

• The healthcare provider owed you a duty of care; and
• The practitioner breached that duty of care (negligence); and
• You suffered harm (e.g. a worse prognosis) as a result (causation).

All healthcare professionals, including doctors, specialists, nurses, anaesthetists and radiographers – whether they work for the NHS or privately – owe a duty of care to their patients. This means they must provide treatment that meets an appropriate and safe standard.

The legal tests for negligence and causation are not so black and white.

Expert medical evidence will be needed to prove that the medical professional acted in a way that fell below the standard expected of them (based on how medics in a similar field would have acted), and those actions caused your lung cancer to get worse than it would have done had the correct treatment been given.

If the doctor was late in making a diagnosis, but the lung cancer would have developed anyway, there may not be a basis for a medical negligence claim.

This is a key reason for having specialist legal representation. Your solicitor will need to prove exactly why the medical professional was responsible for your lung cancer to secure a successful outcome.

What are the common issues when diagnosing lung cancer?

Lung cancer negligence happens when a medical expert makes a mistake that causes delays in diagnosing your lung cancer and starting treatment. Some common reasons for a lung cancer misdiagnosis include:

• A GP fails to recognise the symptoms of lung cancer such as swelling in the lymph nodes or laboured breathing.
• They don’t refer the patient to a specialist for further investigations (e.g. x-rays, CT scans or a biopsy).
• Tests are not carried out properly.
• Test results are not communicated or abnormal test results are not followed up.
• The patient is put on the wrong treatment plan, so the cancer continues to progress.
• Medical professionals fail to notice the spread of cancer to other parts of the body, affecting treatment options and outcomes.
• Errors during delivery of the treatment, such as incorrect dosage or wrong drug administration.

Because the symptoms of lung cancer are similar to many other non-threatening respiratory conditions, a misdiagnosis is unfortunately not rare. For example, shortness of breath, persistent coughing or chest pain can be attributed to a range of respiratory infections, allergies or even stress. A GP will not necessarily consider lung cancer as the underlying cause if no other risk factors are present.

This is why the test for medical negligence is a peer test. Your solicitor is not qualified in medicine and therefore will rely on a panel of medical experts to establish whether other, reasonably competent healthcare providers would have acted the same way. Medical evidence is critical to the success of a medical negligence claim.

Lung cancer compensation amounts

Any settlement will be based on the severity of your lung cancer and the impairment on your life, including any reduction in your life expectancy. This will differ from person to person. The Judicial College publishes guidelines which set out the range of compensation amounts for different types of lung cancer. Courts, lawyers and insurers use the guidelines to determine compensation award levels.

In addition, your compensation will include any financial losses you have incurred as a result of your lung cancer, such as medical expenses, lost income due to time off work, and the cost of ongoing treatment or care. This can often form the largest part of your compensation, especially if you are unable to work as a result of your illness.

For a free consultation, speak to one of our expert medical negligence solicitors. They will be able to give you an estimation of the settlement figure you can expect for your circumstances.

Time limits for lung cancer claims

A 3-year time limit applies to medical negligence claims. This will start on the date you became aware that your lung cancer was made worse by medical negligence. For misdiagnosis claims, this usually will be the date on which your lung cancer was finally diagnosed.

Our advice is to begin your claim as soon as you receive your diagnosis. Your solicitor has a lot of work to do before submitting a claim, such as collecting evidence, investigating medical protocols for your type and stage of cancer, and finding expert witnesses. Starting your claim early gives your solicitor the maximum time to gather all necessary evidence.

Can I make a lung cancer claim for someone who has died?

Close family members can make a lung cancer claim on behalf of someone who has sadly passed away from the disease, and may be able to access other types of bereavement support. Please see our dedicated page on fatal medical negligence claims.

How Osbornes supports your lung cancer claim

We know that having an experienced solicitor by your side gives you the strongest chance of receiving the full compensation you deserve. Most claims are defended by the NHS’s legal team, whose primary goal is to minimise the amount they pay out. If you cannot clearly demonstrate why the NHS (or private provider) was responsible for the worsening of your lung cancer, you risk losing the compensation that could be rightfully yours. That’s where our expert solicitors come in.

Our team will build a strong, well-supported claim on your behalf, gathering and presenting all necessary evidence. They will also manage all communication with the NHS, private practice or their insurers, so you don’t have to deal with complicated legal or medical discussions. Throughout the process, we will keep you informed every step of the way, ensuring transparency and support.

We manage most lung cancer claims on a no win no fee basis, so you don’t have to worry about any financial risks.

To start your lung cancer compensation claim, contact us for a free claim review by:

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