Medical Negligence, Cancer Misdiagnosis

Medical negligence in cancer misdiagnosis is a serious issue that can have life-altering consequences for patients and their families. When a healthcare provider fails to accurately diagnose cancer in a timely manner, it can lead to delayed treatment, reduced survival rates, and unnecessary suffering. Cancer misdiagnosis is a distressing experience, and it's essential for patients and their families to be aware of their legal rights in the event of such negligence. 

How does Misdiagnosis Occur?

Understanding how misdiagnosis occurs and what can be claimed in a compensation claim can help you or your family seek justice and financial relief when lives have been significantly affected by medical negligence.

Inadequate Screening: Misdiagnosis often begins with inadequate or improper cancer screening. Healthcare providers may not order the appropriate tests or screenings based on a patient's symptoms, medical history, or risk factors.

Interpretation Errors: Radiologists and pathologists play a crucial role in diagnosing cancer. Misdiagnosis can occur when these professionals misinterpret test results, such as X-rays, CT scans, or biopsies, leading to incorrect conclusions.

Failure to Follow Up: If a doctor does not follow up on abnormal test results or overlooks concerning symptoms, a misdiagnosis can occur due to negligence. This may result in missed opportunities for early intervention.

Confusing Symptoms: Some cancers present with symptoms similar to other medical conditions, making it challenging to arrive at a correct diagnosis. Medical professionals may incorrectly attribute symptoms to a less severe illness, leading to misdiagnosis.

Types of cancer misdiagnosis

Bowel Cancer (also known as rectal or colon cancer): medical professionals have a responsibility to act quickly once these symptoms have appeared.  Bowel cancer is often misdiagnosed as a less serious illness or recognised at a point where treatment won’t provide a cure. Piles are often misdiagnosed. Depending on where the cancer starts, bowel cancer can be referred to as colon or rectal cancer. You may be able to claim compensation if the medical professional who treated you didn’t recognise the symptoms of bowel cancer, diagnose your illness correctly, refer you for specialist treatment or conduct the correct tests to discover/monitor your bowel cancer

Breast Cancer: Breast cancer’s early warning signs are well known due to coverage and research. Despite the public coverage doctors often still fail to diagnose the condition as early as they should have done. In order to properly assess breast cancer, a referral to a specialist should take place alongside a  performance of a biopsy, an investigation in to the symptoms and a referral  for the relevant scans

Cervical cancer: Regular screening plays an important role in preventing cervical cancer. If your doctor fails to spot the signs of cervical cancer at one of these screenings, you may have a claim for compensation. If a screening is poorly carried out resulting in critical medical information being missed you may have a compensation claim.  Other cervical cancer claims occur when the disease is recognised at an early stage, but inadequate treatment is given or smear tests read incorrectly. In other cases, overly aggressive treatment is advised, resulting in unnecessary hysterectomies. Cervical cancer misdiagnosis happens frequently when symptoms are mistaken for heavy periods or the menopause. It’s vital that pain and bleeding after sex, unusual vaginal discharge, bleeding between periods and changes in menstrual cycle are investigated.

Lung cancer: late detection of cancer can make all the difference to presentation, life expectancy and treatment options. If medical professionals didn’t link your symptoms to lung cancer, refer you to a specialist, provide the correct tests or give you the right treatment after diagnosis we can investigate and help you secure compensation.

Prostate cancer: Misdiagnosis of prostate cancer, or delay in diagnosis, by GPs and other medical professionals can be devastating. Some of the most common misdiagnoses of prostate cancer include urinary tract infections, enlargement of the prostate and prostatitis

Ovarian cancer: Awareness and treatment of ovarian cancer is advancing but some cases are still misdiagnosed or not treated correctly. Symptoms of ovarian cancer often don’t show until a late stage, which means it’s essential that health care professionals identify the signs and refer you for treatment as soon as possible. In cases of ovarian cancer, most cases for compensation arise due to failure by the health care professionals to diagnose, perform the correct tests, refer you to a specialise, interpret scans correctly, failure to biopsy or take blood, misreading biopsy samples and failing to take blood tests.

Pancreatic cancer: it can be hard to diagnose pancreatic cancer because symptoms often don’t always show early on. However, if doctors don’t provide the treatment you need, it can have devastating consequences. Pancreatic cancer can be misdiagnosed, symptoms of your condition can be missed, tests interpreted incorrectly, incorrect surgery can be performed and procedure not followed. If any of these have happened to you or you think they have, we can assist you in pursing compensation.

Skin cancer: if caught early, most types of skin cancer are very treatable. However, some cancers (malignant melanoma for instance) can aggressively spread to other parts of the body when left undiagnosed. GPs and other medical professionals should be able to spot any red flag symptoms associated with skin cancer, especially the more aggressive forms of the disease. These signs include the mole or lump bleeding or hurting, changing colour, having an asymmetrical shape, increasing in size (melanomas are generally bigger than 6mm in diameter) and itching. If your skin cancer has developed or spread due to poor medical advice, you may have a claim for medical negligence. Similarly, if you received substandard treatment – for example, surgery that didn’t properly remove the lump – we could help you make a compensation claim.

Testicular cancer: has a high survival rate and is relatively easy to treat when diagnosed properly. However, when doctors fail to diagnose its symptoms, properly examine, diagnose, refer for specialist tests and investigation, perform a biopsy, perform an orchidectomy or interpret those test results correctly the cancer can spread and become increasingly difficult to treat. The symptoms include pain or aching in the testicles, swelling or a lump in the testicles or a heaviness in the scrotal area. If you have been failed this could lead to a claim for compensation.

What Can Be Claimed in a Compensation Claim?

Medical Expenses: individuals who have experienced cancer misdiagnosis can claim compensation for medical expenses incurred due to the misdiagnosis.

Pain and Suffering: patients and their families may be entitled to compensation for physical and emotional pain and suffering resulting from the misdiagnosis. This includes the emotional distress, anxiety, and trauma associated with delayed treatment.

Loss of Income: If the misdiagnosis leads to your inability to work or earn an income, you can claim compensation for lost wages, future earning potential, and financial stability.

Rehabilitation Costs: cancer misdiagnosis can lead to prolonged or more aggressive treatment, necessitating rehabilitation services. These costs can also be included in a compensation claim.

Additional Costs: patients may incur various additional expenses, such as transportation, home healthcare, or the need for special medical equipment. These costs can be claimed as part of the compensation.

Compensation routes for cancer misdiagnosis

If you or a loved one has suffered from sepsis due to medical negligence, don't hesitate to contact us. We offer a free initial consultation to evaluate your case and discuss your legal options. Let us help you seek justice and hold those responsible accountable for their actions. There are time scales and you should contact us as soon as possible to investigate an action for you

Your well-being is our priority, and we are committed to providing you with the legal representation you need during this challenging time.

Our solicitors understand the complex and long-lasting challenges posed by sepsis injuries.

Discuss your Medical Negligence Claim

If you or a loved one has experienced medical negligence reach out to Speir Buchan today. We are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing the justice and compensation you deserve.

Further reading and support

Cancer support Scotland  

Breast cancer care north Scotland 

Breast cancer now 

McMillan cancer care

Maggies cancer care 

Beating Bowel Cancer  

Bowel Cancer UK 

Lung cancer Foundation 

Pancreatic cancer action 

Odyssey - A charity which runs activity courses for anyone over 18 who have been treated for cancer. The courses include a programme of outdoor challenges with physical, creative or artistic activities

Children’s cancer and leukaemia group 

Prostate cancer UK 

Prostate Scotland 

Ochre Charity- oesophageal cancer support  

Brain Tumour Buddies 

Headsmart – Child support for brain tumours 

 

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