Cancer comes in many different forms and there are various factors which may increase the likelihood of an individual developing the disease. Your family history, general lifestyle, and other environmental factors may all contribute towards the individual developing the disease.
In recent years, great progression has been made in cancer research and early detection process of cancer. It is well known that early diagnosis of cancer can drastically impact the individual’s chances of survival before it has a chance to spread. Not all types of cancer are so easy to spot, however some of the more common ones can be detected early through careful screening. Failing to recognise important signs of cancer can have drastic consequences on the patient’s quality and life expectancy. Furthermore, if early diagnosis is not made, then the cancer can spread to such a stage that treatment may no longer be a viable option for the patient.
How can you make a claim?
The doctor in the first instance will be assessed against other doctors in the same speciality. The two fundamental questions that will be asked will be:
* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?
* What would the patient’s condition be now if the correct diagnosis had been initially made? And how will this compare with what actually happened?
In assessing the patient’s claim, the courts use what we call the ‘balance of probabilities’ test. This means that if the experts in this speciality agree that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule would be applicable to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation. This is because the survival rate was less than probable in both cases.
The balance of probabilities test has proved to be controversial as many commentators have argued that it can provide unjust results for some of the patients. Nonetheless, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.
Forms of misdiagnoses made by doctors in cases of breast cancer:
* Inadequate following up of test results
* Failing to order new tests
* Failing to spot early symptoms of cancer
* Confusing the tumour for an infection or diagnosing the tumour as benign
* Failing to notice a lump during the screening process
These are just some of the critical mistakes that doctors have been known to make. Critical mistakes that lead to great trauma and anxiety for the individual involved. An early diagnosis would have prevented a lot of the suffering faced by the individual.
If you or someone you love has been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Lawyer, cancer claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
