Every year more than 350,000 people are diagnosed with cancer in the UK, while over 160,000 people die from the disease. Early diagnosis is often critical to give patients the best chance of beating this devastating disease, so where cancer is misdiagnosed, leading to a delay in treatment, it can be disastrous.
In cases where there was the failure to diagnose cancer, claiming compensation can often be the only way to get the help and support you and your family need to deal with the effects of the cancer misdiagnosis. Misdiagnosis of cancer compensation could pay for private treatment and ongoing care support, replace lost income and provide redress for some of the pain and suffering you have experienced.
We know how confusing and distressing dealing with cancer misdiagnosis can be, so we want to make the process of claiming compensation as simple and stress-free as possible, providing all of the practical and emotional support you need.
IBB Claims personal injury lawyers have the specific experience to help with all types of cancer compensation claims, to make sure your claim is handled the right way from the outset.
We can provide compassionate, highly practical advice and support every step of the way through the cancer misdiagnosis claims process, giving you the best chance of securing appropriate compensation for the harm you have suffered from the failure to diagnose cancer.
We offer a free initial consultation for all clinical negligence claims so we can get a clear understanding of your situation and give an honest assessment of whether we believe you have a claim worth pursuing.
Where we believe your claim justifies further investigation, we are usually able to offer a no-win no-fee agreement, meaning there is normally no upfront cost to start a cancer negligence claim with IBB.
Our expertise in cancer negligence claims
Our clinical negligence lawyers help people across the country to claim cancer diagnosis compensation for all types of cancer negligence. With decades of experience across our team, we are able to offer clear, confident advice and guidance on the best approach to help you secure fair compensation for your claim.
We are accredited by the Law Society for Personal Injury Law, reflecting our expertise.
Our team has also been recognised by the two leading client guides to the legal profession Chambers & Partners and the Legal 500, for our skill in handling personal injury and clinical negligence claims.
We are able to secure substantial compensation for our clients in relation to issues such as:
- Cancer misdiagnosis
- Delayed diagnosis of cancer
- Negligent treatment of hydrocephalus and other secondary conditions related to cancer
- Surgical errors during a mastectomy, amputation or other surgical interventions
- Mesothelioma and other workplace-related cancers
To find out more about our specific expertise relevant to your situation, please get in touch.
How we handle cancer compensation claims
Dealing with the impact of cancer is challenging enough, so we appreciate that most people would prefer to avoid the added stress and uncertainty of court action when pursuing compensation.
Fortunately, this is rarely necessary as we are able to resolve the overwhelming majority of cases out of court. This can save you time, money and stress compared to court proceedings.
However, where an out-of-court settlement cannot be agreed upon, court proceedings are sometimes necessary to secure fair compensation for your cancer misdiagnosis claim.
Our team have strong experience with pursuing medical negligence claims, so we can provide all the support you need at every stage of proceedings, no matter what approach is required.
What others say about us
Our team has been recognised by Chambers & Partners and the Legal 500, the two leading client guides to the legal profession, for our skill in handling personal injury claims.
Chambers describes Malcolm Underhill as being a highly experienced personal injury practitioner.
A client notes: "He is a very personable, sympathetic professional that has helped us as a family….."
Others have said:-
“Because nothing is ever too much trouble, if who you want to speak to is not there, they will always be in touch as soon as they can. They don’t cut corners.”
Malcolm Underhill “has been very supportive to me, especially as the nature of the case was very difficult for me, but he’s been with me all the way, and always in contact. 100%”
“At probably the hardest time in my life, Malcolm made this time a lot more bearable, he kept me informed throughout the whole process and made me feel reassured throughout.”
“I would highly recommend IBB Law, their service and understanding is something rare this day and age.”
“Upon first contact I felt at ease and comfortable with explaining my case to them. From day one to the end they have been there all the way, helping me, answering any questions I had, everything was done with respect and a friendly aspect….”
“Always keeping me fully informed, advising me in the best way forward, very approachable and always at hand.”
“Malcolm Underhill is someone who has been there all the way. I would like to thank him for the 4 years, very polite, honest and kind in the way he was with me in a difficult case.”
“Simon Pimlott.. methodical, experienced and efficient, as well as having an empathetic understanding of the client’s situation”
“Simon Pimlott has a real eye for detail and works incredibly hard to get the best result for each client”.
Out-of-court settlements for cancer misdiagnosis claims
Using our skills in negotiation and alternative dispute resolution, we can typically reach a voluntary settlement for clinical negligence with the relevant NHS Trust, allowing you to avoid a court hearing.
As well as being less stressful, this also normally means compensation can be secured faster, allowing you to get a fair result and move on with your life sooner.
Court proceedings for cancer negligence
Where court action is the best or only option to secure suitable compensation, we have the skills and experience you need to ensure your claim is handled effectively at every stage of proceedings.
Even where we do have to begin court proceedings on your behalf, most claims can still be resolved with an amicable settlement, out of court. As a result, very few claimants will ever need to attend a court hearing to claim cancer misdiagnosis compensation.
Where you do need to attend a hearing, we realise that this can be an intimidating experience. We will make sure you are as prepared as possible, with a clear understanding of what to expect and what is required of you, and that you have all the emotional support you need during the hearing itself. However, court hearings are rare; less than 5% of cases end up going to trial.
As well as our own expertise, we also have strong links with specialist barristers and other professionals, meaning we can call on all the necessary skills and knowledge to help you get the best available outcome.
We have experience in pursuing claims at every level, so our specialist medical negligence lawyers can support you effectively with all types of cancer negligence claims.
Our no win no fee cancer misdiagnosis compensation claims service
The potential cost of pursuing cancer compensation can seem intimidating, but for our clients, this need not be a concern. This is because we offer no win, no fee cancer compensation claims, meaning there is no upfront cost to start a claim.
More properly called ‘conditional fee agreements’, this type of funding agreement means that you only contribute towards your legal fees if your claim succeeds in securing compensation. As a result, there is no financial risk to starting a cancer compensation claim with IBB.
We make the likely cost of a claim clear at the outset, with our fees being based on a percentage of part of any settlement. This way, you will always know what to expect and never need to worry about your legal costs outweighing the value of your claim.
When can you claim compensation for cancer?
To be eligible to claim compensation for cancer, you need to show that one of either two scenarios applies:
- That your cancer was caused by negligence on the part of someone else, e.g. your employer or former employer failing to take proper precautions to protect you from exposure to toxins, such as asbestos. Our accident at work solicitors can assist in pursuing the appropriate claim in regard to cancer caused by industrial employment.
- That the treatment you received for your cancer fell below medically acceptable standards, resulting in a worse outcome that could have been achieved with competent care.
In both cases, you will need to be able to prove that negligence occurred by providing evidence to back up your claim.
How can you prove your cancer was treated negligently?
A standard of proof is needed to show your cancer was treated negligently and that this has had resulted in a worse outcome for your health and lifestyle.
Our medical negligence lawyers will rely on various types of evidence to build your claim, including:
- Your medical records
- Witness testimony
- Evidence from independent oncology experts
Making sure the right evidence is obtained and that this is then presented effectively requires a high level of skill and experience. This is why we strongly recommend working with medical negligence lawyers with specific expertise in cancer compensation claims – something our team can offer.
How much is cancer compensation worth?
Misdiagnosis of cancer can be tough, both mentally and physically. The amount of compensation you could receive will depend on the impact on you by the failure to diagnose cancer. Various factors that will be considered include how serious the impact on your health has been, what effect this has on your life and any specific financial losses you have incurred as a result.
Compensation for cancer negligence is usually split into two types of damages:
Financial Losses and Expenses – For specific financial losses. For example, the failure to diagnose cancer meant you had to pay for private treatment and care, and you suffered a loss of income due to taking time off work and not being able to return to work, or not being able to command the same level of income enjoyed prior to the illness or negligence.
General Compensation – For non-financial losses, such as the pain, suffering and lifestyle changes caused by the failure to diagnose cancer.
Our cancer negligence solicitors can provide an estimate of the likely value of your claim, giving you a clear indication of how much compensation you may be able to secure.
How long does it take to get compensation for cancer negligence?
This will entirely depend on the circumstances of your case.
Exactly how long the cancer misdiagnosis claims process takes will depend on various factors, including whether the defendant admits liability of the failure to diagnose cancer, whether they make a reasonable offer of settlement and whether court proceedings are required.
Generally, if your claim can be settled out-of-court, this will mean you receive compensation far sooner than if court proceedings are required.
Where you need compensation as soon as possible, for example, to pay for essential treatment, it may be possible to secure an interim payment. This means the defendant will pay some compensation while the case is still ongoing before the final value of the settlement has been agreed upon.
Can you get interim payments for cancer misdiagnosis?
In order to secure interim payments, we will generally need to show that:
- Your claim is likely to succeed
- Your claim is likely to result in significant compensation
Our cancer misdiagnosis claims team will be happy to advise you on whether interim payments are likely to be an option in your case and secure such payments where appropriate.
Managing cancer misdiagnosis compensation
Because cancer misdiagnosis compensation is often a significant amount of money, it is essential to consider how that money will be managed following a successful claim.
We can advise you on creating a personal injury trust, where required, to ensure that your misdiagnosis of cancer compensation is managed effectively.
Personal injury trusts are usually recommended for large compensation settlements as they allow you to receive the benefit of your compensation while ensuring the money you have received does not affect your entitlement to any means-tested welfare benefits that you rely on or may need to rely on in future.
Time limits for cancer negligence claims
You normally have three years to bring a claim for negligent treatment of cancer, with this time limit being counted either from when the negligence occurred or when you found out about it.
However, you may sometimes have longer to make a claim, especially if you are doing so on behalf of someone else.
Situations where the time limit for a cancer misdiagnosis compensation claim may be different from the standard three years include:
If the claimant is under 18 – Their parents or guardians can make a claim up until the claimant’s 18th birthday. The claimant can then bring their own claim up until their 21st birthday.
If the claimant lacks the mental capacity to bring a claim – There is no time limit for someone else to make a claim for them.
If you need to make a claim on behalf of someone who has died – The representative of their estate will usually have three years from the date of death to bring a claim.
Get in touch with our expert cancer claims solicitors today
To arrange your free consultation on starting a cancer negligence compensation claim, please call us on 0333 123 9099, email us at firstname.lastname@example.org or fill in our contact form to request a call back.