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Cancer services are vastly improved across Britain compared with 20 years ago but occasionally misdiagnosis of cancer does happen.
There are many different types of cancer. Making an accurate diagnosis depends on a medical professional correctly interpreting your symptoms and on the result of any scientific tests carried out. Sometimes cancer is diagnosed when in fact you are not suffering from the disease at all. This can cause you highly increased anxiety and depression.
The more serious problem is where you suffer from cancer but you are given a negative result following tests, or the medical team treating you fails to make a diagnosis at all. In this scenario, failure to diagnose can mean that the cancer is allowed to grow untreated. The opportunity to treat the cancer can be lost completely, and we have dealt with cases where it has lead to a reduced life expectancy or death.
The minimum period of delay which can be stated to cause an adverse outcome will vary depending on the type of cancer and how aggressive the tumour is, but it is likely to be months rather than weeks. from the date that a doctor should have made the diagnosis – or suspected the diagnosis and referred you to someone more expert for an opinion. The test for getting compensation is what, on balance of probability, would have been done differently with an earlier diagnosis, and whether that earlier treatment would have made a difference to the outcome.
A recent House of Lords case, Gregg –v- Scott, has made it necessary to prove that the negligent diagnosis was the cause of an unfavourable outcome before any compensation can be awarded. In other words, an increase in the chance of an unfavourable outcome is not enough to constitute a recoverable head of damages.
Whatever the cause, the failure to diagnose cancer can be devastating.
At Thompsons we have the right experience to deal with many types of cancer. Here are a sample of the types of cases we have dealt with:-
Breast cancer is the most common form of cancer found in women. Most diagnoses are in women over 50. However, it can affect much younger women and sadly, this is where a number of cases involving misdiagnosis can occur. Breast cancer can either be invasive (invasive ductal carcinoma) or non-invasive. If the cancer is of a non-invasive type an early diagnosis can often allow an operation to remove the cancer to take place. Early diagnosis gives a much better chance of survival.
If the cancer is invasive it is known as invasive ductal carcinoma. The cancer cells are found in the ducts and the breast tissue. Sadly, it is known that these cells can spread to other parts of the body.
If you discover changes in your breast or a lump, you should be referred to a specialist unit for further tests by your GP. A biopsy will be necessary. We have been successful in obtaining admissions of liability where biopsies have not been offered or where a woman has reported changes to her breasts and where bleeding has also occurred, but no further follow up treatment has been given.
Your test results have to be correctly interpreted and failure to do so can lead to an incorrect/inadequate diagnosis or inadequate treatment being given.
Cancer of the colon is often preventable if you are diagnosed with the condition at an early stage. Cancer of this type can start as a polyp, which can take many years to become cancerous. If the polyp is removed the cancer will not therefore be allowed to formulate. Doctors advise that patients should look out for symptoms such as bleeding from the rectum and bowel movements. On presentation of such symptoms your GP should refer you to hospital for screening/tests. If there is a failure to do this, there may be a delay in diagnosis. Tests carried out to diagnose colon cancer can include a barium enema and a colonoscopy. Where there is a misdiagnosis however the forms of treatment available are much more unpleasant and may involve chemotherapy.
Sadly, in extreme circumstances we have known patients to die as a result of a delay in treatment.
The initial problem usually arises when a mole changes shape and form. We would advise you take medical advice whenever a mole changes in any way whatsoever. Cancerous moles are suggested to be raised, perhaps split and be of more than 6 millimetres in diameter. However, this is not a hard and fast rule.
Should you report a problem to your GP, the mole should be removed. The excised material should be sent for testing to see if it is cancerous. Early diagnosis is very important. If such a diagnosis is not made, then the course of treatment can be much more serious and may lead to a risk of premature death.
We have obtained an admission of liability for a client against a Trust where an incorrect result was given during tests on excised material. The cancer was not discovered for a further 2 year period.
If you or anyone you know has suffered from any form of clinical negligence, telephone us now for accurate claim advice.
There are strict time limits in place to make any personal injury compensation claim. For further information, contact us or visit our Questions Answered page.
Thompsons Solicitors are experts in all matters relating to clinical negligence and will be able to advise you as to whether or not you have a valid compensation claim. Their specialist clinical negligence lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have.
Telephone us now on 08000 224 224 or complete one of our online compensation claim forms.
For more information about clinical negligence visit our Information Page.