Cancer Misdiagnosis Claims

Who can bring a cancer misdiagnosis claim?
If you have been diagnosed with cancer and believe that this should have been diagnosed earlier which would have resulted in alternative treatment and/or a better outcome, you may be able to make a claim for compensation irrespective of whether the treatment was received under the NHS or on a private basis.

Why choose Hay & Kilner?
Hay & Kilner’s team of specialised clinical negligence solicitors has recovered hundreds of thousands of pounds of compensation on behalf of their clients in cancer misdiagnosis claims.

• Case report: settlement following negligent treatment of polyps
• Claimant awarded six-figure settlement in delay in cancer diagnosis case

We provide a high-quality service and will take the time to get to know you and understand exactly what you have been through to get you the compensation you deserve. We represent clients throughout the North East and are happy to come out to see you at home or arrange a video call if you ever have difficulty attending the office.

When to make a cancer misdiagnosis claim?
An Act of Parliament sets out time limits for bringing a clinical negligence/cancer misdiagnosis claim. Failure to issue proceedings within this time scale may mean that the claim is time barred and cannot proceed.

The Limitation Act provides that the time limit is three years from the date on which harm resulted from the allegedly negligent action; or, if later, the date when you became aware that you received negligent treatment.

In the case of minors that is for the people who are under the age of 18 years, the limitation period does not begin to run until their 18th birthday.

If the injured person is suffering from a mental disability the time limit does not start to run until mental capacity has returned. If mental capacity never returns then an action for damages can be started at any time in the future even though the primary 3-year limitation period may have expired.

Find out more about when to pursue a cancer misdiagnosis claim with our article Is it too late to bring a clinical negligence claim?

How much does it cost to make a cancer misdiagnosis claim?
There are several ways a cancer misdiagnosis claim can be funded; the most common being under a Conditional Fee Agreement on a ‘no win no fee’ basis. Read more about the different ways to fund your potential cancer misdiagnosis claim with our article No Win No Fee and other options for funding your medical negligence claim.

How long will a cancer misdiagnosis claim take?
Cancer misdiagnosis claims can take anywhere from a few months to a few years to reach a resolution. The likely timescale usually depends on the severity of your injuries and whether or not your doctor or other healthcare practitioner accepts responsibility for your injuries.

How do I start a cancer misdiagnosis claim?
If you think you may be entitled to compensation for an injury you have suffered as a result of a delay in diagnosis of cancer, contact our team on 0191 232 8345 or using our online contact form and we will arrange an initial appointment to discuss your potential cancer misdiagnosis claim free of charge.