Claiming For Cancer Compensation

If a medical professional has been responsible for mishandling a cancer diagnosis, the consequences for the patient concerned can be extremely serious. Cancer can be linked to a number of different factors such as genetics or general lifestyle. Some factors work to increase the likelihood of someone 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.

What is involved in making a claim?

In establishing whether the doctor has been negligent, the doctor will first be assessed against other doctors in the same professional capacity. The two main questions that will be asked will be:

* Did the doctor fall below par 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?

Essentially the courts use what we call the ‘balance of probabilities’ test. Therefore, if the experts in this field argue 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 applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.

The balance of probabilities test has caused a bit of an uproar amongst some commentators that have argued that it can lead to unjust results for some of the patients. Despite some differed opinions on the subject, it is still the law that is applied today.

The following are a list of misdiagnoses by doctors that are commonly made in cases of breast cancer:

* Not following up on test results

* Failing to order new tests

* Failing to spot early symptoms of cancer

* Mistaking a tumour for an infection or diagnosing the tumour as benign

* Failing to observe an obvious lump during an examination

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 have 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 solicitor, Lawyer, cancer misdiagnosis, find a solicitor, legal, lawyer, law help advice, solicitors litigation

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