Date: 5 June 2019
This article is intended to explain our work
with cancer cases and to answer a few common questions
clients often have about the process.
Sadly, we work on a lot of cancer related claims, involving cancers of the lungs, breast, bladder and kidneys. We also encounter many cases relating to melanoma that have been missed. These cases usually involve a delay in diagnosis or referral. But cancer cases are often extremely complex, and every case is different.
A delay in referral case is usually bought against a GP who has missed signs or symptoms, such as lumps or swellings, and not referred the patient to hospital soon enough. Often in these situations the patient repeatedly raises the issue but is still not referred. Clients often feel that their concerns have been ignored.
Delay in diagnosis cases brought against a hospital have more varied beginnings as there are more ways the cancer can be missed, such as literally missed on a scan or through test results being misinterpreted. A situation we are seeing more frequently at the moment is when a cancer appears on a scan or x-ray for another unconnected condition and is not reported or acted upon. Later as it develops and is finally found the connection is made with the earlier possible diagnosis. Another cause is the failure to recognise the potential significance of important symptoms, causing a delay in the undertaking of conclusive tests such as a biopsy.
But whichever the cause, the cases can be very difficult. Not only is it our job to prove that there was negligence in the first place, we also need to prove that an earlier diagnosis would have made a difference. The latter part is the most difficult aspect due to the different rates of growth of cancers. There can even be a huge amount of variety within the same type of cancer from person to person. We then need to prove that an earlier diagnosis would have made a significant difference. For example, we need to prove that there would have been a more positive outcome or that it would have avoided the need for more invasive and radical treatment.
In terms of the damages care and assistance is an
important focus. As a cancer patient’s health will often
decline patients often need looking after. When the care
is undertaken by the family we can claim the cost of
providing that care due to the condition itself or the
treatment. We can also claim for loss of earnings and
other out of pocket expenses, such as private treatments
and therapies.
Sadly, some people do die during a claim. In these situations a family member usually takes over. This means the claim will change slightly but will be seen through to the end. This transition is made easier where the patient has already made a will appointing a personal representative.
Sometimes in these cases, the person undergoing treatment does not feel up to giving us instructions, either due to the illness or just not being able to face it. In these instances, we are more than happy for family members to instruct on their behalf.
Most importantly we want readers to know that we handle cancer cases carefully, sensitively and kindly. If you have any questions please call us on 01253 356051 for free advice.
