Cancer compensation claims
The following guide sets out what you need to know about making a cancer compensation claim.
Awareness of cancer and its symptoms appears to have improved in recent years. High profile sufferers and media campaigns have helped to raise awareness of the importance of early screening for the condition as early as possible.
According to Cancer Research, the survival rates for cancer have improved dramatically. The number of people who manage to overcome cancer has doubled in the past 40 years. There are thousands of people diagnosed with cancer every year (over 331,000 in 2011), and their ability to recover is often dependent on early diagnosis and treatment.
If you have experienced cancer in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
If cancer is discovered early, it is much more likely that the patient will recover and continue to have a normal life expectancy. Cancer that has spread to other parts of the body is much more difficult to treat, so early diagnosis can dramatically alter the potential prognosis for the sufferer.
I have a strong claim - why won't a solicitor take it on?
Cancer Research states that:
- 9 in 10 patients who are diagnosed with bowel cancer at the earliest possible stage recover and survive for at least 5 years.
- Over 90% of women who receive an early diagnosis of breast cancer survive past 5 years.
- In excess of 90% of women who are diagnosed early with ovarian cancer reach the 5 year survival point.
- 70% of people who are diagnosed with lung cancer in the earliest stages survive at least 5 years.
If you approach your GP with symptoms that could be ascribed to cancer, it is vitally important that you are referred to a specialist and for testing. Unfortunately, some cancers produce symptoms that could be attributed to other conditions, and this is where errors can occur.
If your GP has any doubt that any of your symptoms could be caused by cancer, he or she has a responsibility to ensure that all necessary precautions are taken to protect your health.
If there has been a delay in diagnosing cancer, it may be that your prognosis is affected by this. If an earlier diagnosis could have resulted in less invasive treatment, or could have halted the spread of a cancerous tumour, you may be entitled to claim compensation for medical negligence.
Doctors have a responsibility to investigate all symptoms, and all possible causes of those symptoms.
Misdiagnosis of cancer can have a significant impact on your recovery, and on the length and quality of your life. If the doctor or specialist discovers abnormalities, he is duty bound to investigate further and arrange appropriate testing. Failing to do this can cause misdiagnosis, which can be very traumatic as well as dangerous for the patient.
If a doctor has conducted a biopsy or other tests to detect cancerous abnormalities, he then has a responsibility to act appropriately. Acting appropriately includes ensuring that the patient is fully informed of the results of tests, and that appropriate treatment is given in a timely fashion.
Doctors who fail to act appropriately in the wake of cancer testing or diagnosis may be liable for a clinical negligence claim.
A No Win, No Fee compensation claim gets underway with a claimant agreeing to, with a solicitor, a Conditional Fee Agreement (also known as a CFA).
The CFA is essentially the contract between your lawyer and you.
The agreement explains the service your solicitor provides, and crucially, the "success fee". This success fee is the percentage to be taken from the compensation if the claim is successful.
Selecting a Quittance personal injury solicitor, you have complete peace of mind knowing that you will never be out of pocket.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Meet the team
The national panel of Quittance solicitors take on all types of personal injury claims, from fast track claims to catastrophic injury. Our solicitors are chosen for their success rate in winning claims and their professionalism.