Cancer Claims

Pardoes have assisted many people with cases involving a failure to diagnose, or delay in diagnosing, many types of cancers such as those of the cervix, ovaries, testes, breast, lung, throat, bowel, bones and soft tissues.

These are often complicated claims and our medical negligence solicitors have specialist experience of a wide range of medical situations. That helps us to identify what signs and symptoms healthcare professionals should be concerned about and when they should refer and to which expert/hospital they should refer.

Breach of duty of care is often established. The real issue often arises with regard to causation and proving that the eventual outcome and treatment would have been substantially different if there had been appropriate and timely referral and diagnosis.

Late referral and diagnosis can result in a very different outcome in terms of the nature and extent of treatment and also mortality. Delays in diagnosis can lead to additional pain and suffering and loss of amenity, more invasive and life-changing treatments resulting in long term physical differences and also differences in long term prognosis and prospects of survival.

It is generally accepted that if an individual survives 10 years then they are assumed to be cured.

The proposition that there is a reduction in the chances of survival, ie say from 80% to 70%, does not in itself found a separate head of damage; but there may still be a case for compensation as a result of additional pain and suffering and different more invasive treatment.

In order to have a claim for future loss you will need to show, on a balance of probabilities, that the doctor(s) negligence has rendered it more likely than not, that you will not survive to natural age, ie from prospects of survival of 60% to 40%, would be sufficient, but not from 30% to 20% or indeed 70% to 60%.

Cancer claims are a very specialist area, with complex medical and legal issues and if you require any further advice please contact our medical negligence team on 01278 457891, email enquiries@pardoes.co.uk or complete our short enquiry form.