Lung Cancer Misdiagnosis Claims

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If you or a loved one has experienced avoidable harm due to a delayed diagnosis or misdiagnosis of lung cancer, our clinical negligence solicitors can help you to claim the compensation you deserve. We are highly experienced in helping people who have received negligent treatment by medical staff, and are well-placed to assist you at this difficult time.

We understand that claiming compensation may seem daunting, but making a lung cancer misdiagnosis claim can provide financial assistance to help you and your family to move forward. Most of our cases are pursued on the basis of a “no win, no fee” agreement, so there is no financial risk to you.

For a free, no-obligation discussion with one of our clinical negligence experts, contact JMW today by calling 0345 872 6666, or complete our online enquiry form and we will be in touch at a time that is convenient for you.

How JMW Can Help

Lung cancer is one of the most frequently occurring cancers and sadly is also one of the most serious. If diagnosis of the disease is missed or delayed, this can have grave consequences for a patient’s condition and prognosis.

Often, lung cancer in its earliest stages will be asymptomatic, so it is not unheard of for a diagnosis to be missed at the point when it is easiest to treat. However, if there are signs or symptoms that should have raised the suspicion of lung cancer, it is important that they are acted upon. If not, it may mean the cancer is allowed to develop untreated. 

Conditions for which the disease may be mistaken for can include:

• Pneumonia
• Chronic obstructive pulmonary disease
• Bronchitis
• Asthma

JMW is best-placed to pursue your claim for any mismanagement of your lung cancer diagnosis due to the wealth of experience our specialist solicitors have. Our team, headed by leading solicitor Eddie Jones, is one of the most highly respected in the country and includes members of the Law Society's specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitor’s panel.

We take a proactive yet sensitive approach to every claim we take on and we will keep you updated throughout, ensuring you have all of the information you need to provide you with the peace of mind that everything is progressing as it should be. We have a huge amount of experience in securing compensation for clients who have received negligent treatment. 

Meet Our Team of Lung Cancer Misdiagnosis Claim Experts

We act for individuals whose lung cancer was misdiagnosed or diagnosed too late due to the fact that their symptoms were not recognised, scans were misinterpreted or onward referrals for investigation were delayed. JMW will investigate your cases forensically, securing the assistance of the requisite experts to assemble your case, in order to obtain the compensation for the loss you have suffered..

What Is Lung Cancer Negligence?

If you have experienced a lung cancer misdiagnosis or were given incorrect treatment and your condition has worsened as a result, you may be entitled to make a lung cancer claim for compensation. Negligent medical care occurs when the standard of care expected from a reasonably competent medical professional has not been met, and this failure has caused direct and quantifiable harm. 

Negligent medical care can occur in a number of ways:

• Failure to diagnose: if a GP or hospital doctor overlooks clear signs or symptoms of lung cancer (such as a persistent cough, unexplained weight loss, or coughing up blood) and investigations (such as a chest X-ray or CT scan) are not carried out, this may equate to negligence, if minimum standards dictate that those investigations were mandatory.
• Delayed referral: patients at risk of lung cancer should be referred promptly under NHS guidelines for urgent tests. Delays in referral can mean the cancer progresses to a more advanced stage before treatment starts.
• Misinterpretation of test results: radiologists and pathologists are expected to read scans and biopsies accurately. A failure to identify a tumour, or wrongly reporting the findings as benign, could be negligent if the error was one that a reasonably competent specialist would not have made.
• Treatment errors: negligence can also occur where the wrong treatment is provided. For example, if doctors prescribe unsuitable chemotherapy, fail to operate where surgery was an appropriate treatment option, or do not follow established treatment protocols. When lung cancer is treated quickly and effectively, there is a much greater rate of survival, and sadly delays can lead to devastating consequences, meaning that in some cases potentially life-saving treatment will no longer be effective. 

A delayed diagnosis or incorrect treatment can lead to a worse prognosis. Early-stage lung cancer is generally more treatable than advanced forms of the disease. Any delay may also mean that a patient needs to undergo more invasive treatment, such as extensive surgery or aggressive chemotherapy. In the more serious cases, medical mistakes can lead to a reduction in life expectancy or quality of life due to progression of the disease.

Q

What are the causes of lung cancer?

A

Smoking is the primary cause of lung cancer and is responsible for the majority of lung cancer claims. However, there are other causes of the disease, which include:

• Passive smoking 
• Exposure to certain chemical exposure 
• Asbestos exposure 

Find out more about the causes of lung cancer from the NHS. 

Q

How is lung cancer diagnosed?

A

Symptoms such as a prolonged or persistent cough and/or breathlessness may result in you being referred for further investigations. In addition, haemoptysis (coughing up blood) can be a red flag, meaning further tests need to be initiated. These tests can include tests via a spirometer device to measure how much air you can breathe in, and/or a blood test. A referral to a physician may take place, or a recommendation to attend hospital for a chest X-ray. Sometimes, a CT scan or a PET-CT scan may be carried out. Following these steps, the doctor may wish to perform a bronchoscopy and/or a biopsy.

If mistakes are made along this diagnostic pathway, a lung cancer diagnosis may be missed or delayed. In such instances, JMW can help you to investigate any concerns you have and to quantify the claim with a view to securing compensation for the loss that you have suffered. 

The NHS website includes further information about the diagnosis of lung cancer. 

Q

How can a delayed diagnosis of lung cancer lead to compensation?

A

Medical professionals have a responsibility to thoroughly investigate symptoms, refer cancer patients for follow-up tests, prescribe treatment, and act as quickly as standards require to deliver the best possible outcome. If doctors or healthcare professionals failed to do so, and your health or prognosis has suffered as a result, you may be entitled to make a lung cancer compensation claim.

To succeed in a medical negligence claim, a patient (or their family) must show:

• That a duty of care exists - a doctor or healthcare professional will always owe a duty to a patient 
• That the duty was breached - namely, that the medical professional failed to meet the standards expected that are in force, or were in force at the relevant time
• That the breach has caused harm: that the poor care has directly resulted in harm or injury

If you believe that there has been mismanagement in relation to any aspect of the diagnosis and treatment of lung cancer, leading to harm, you should contact the experienced medical negligence solicitors at JMW for advice on making a claim.

Q

How can compensation help?

A

In cases involving lung cancer misdiagnosis or errors in treatment, compensation is awarded to address the harm caused by negligent care, rather than the cancer itself. The purpose is to put the patient, insofar as is possible, in the position they would have been in if the negligence had not occurred. This means that your medical negligence solicitor will work to assess the difference in outcomes and assess how your health and condition would have been. This may well include a claim for private medical treatment, lost earnings during your recovery, or the cost of additional care and assistance required. 

The Court divides damages claims into two broad categories, namely general damages and special damages.

General damages cover “pain, suffering, and loss of amenity” experienced as a result of the negligence. In a lung cancer context, this could mean:

• The physical and psychological impact of the cancer being diagnosed later than it should have been.
• The necessity to undergo more aggressive treatment (for example, chemotherapy or radiotherapy that may have been avoided with an earlier diagnosis).
• The loss of enjoyment of life, if life expectancy has been reduced or quality of life impaired.

Special damages cover financial losses and expenses directly linked to the negligence, which may include:

• Loss of earnings, if the patient has had to stop work earlier than expected or reduce working hours due to the progression of the disease.
• Medical expenses, including private consultations, treatment not available through the NHS, and specialist therapies.
• Care and support costs for professional carers, or compensation for the time family members have spent providing care.
• Adaptations, home modifications or mobility aids that you need to manage reduced independence.
• Travel expenses for attending hospitals or specialist centres for medical treatment.

Our specialist team will investigate your losses forensically to ensure any damages you claim for compensation are maximised, taking into account the harm which you have suffered as a result of the poor care.

Q

Is there a time limit for the lung cancer claims process?

A

Time limits do exist in relation to medical negligence claims.  Court proceedings must be issued by the three-year anniversary of when you knew, or should have known:

1. That an injury or harm had been sustained, 
2. That the injury or harm was significant, and 
3. That it occurred due to something that the hospital, doctor or healthcare provider has done, or failed to do

In most cases, therefore, the time will start to run from the date of diagnosis of the lung

cancer, but it is important to approach a solicitor sooner rather than later, because there is a lot of preliminary work and investigations that need to be carried out, before court proceedings are involved.. A solicitor at JMW can advise you on whether you are eligible to make a claim and able to begin the process within the relevant deadlines.

Special rules apply to those under the age of 18, and the time period will not start to run until their 18th birthday, or in the case of someone who lacks the mental capacity to make decisions on their own behalf, there may be no time limit applied. Again, if appropriate, our team will advise you further.