Misdiagnosis & Lung
Cancer Negligence Claims
A diagnosis of lung cancer is life altering, and you may well be struggling to come to terms with what this means for you. However, if you have been misdiagnosed, this is likely to have an impact on your prognosis, and you may be left feeling devastated, angry and powerless.
At Sheldon Davidson Solicitors, we work with many clients who are misdiagnosed, and we passionately believe that you should not be left to deal with the impact of a lung cancer diagnosis alone. We understand the anxiety that comes with your diagnosis, not just about your health but also about the impact it may have on those around you, especially if you find that you are financially impacted and aren’t sure how you are going to provide for your dependents.
If you were initially misdiagnosed, or you have had to wait too long for your diagnosis as a result of negligent care, you may have good grounds to make a claim. As medical negligence experts, we work with a network of medical specialists; we will do everything we can to make sure that you get the care you need while we fight for the compensation that you deserve.
What can I claim compensation for?
Prompt diagnosis and treatment for lung cancer directly affects your survival rate. If your misdiagnosis has affected your survival rate this can be factored into your claim, as can the emotional distress caused, and any subsequent impact on your quality of life. You may also face expenses due to medical treatment, or loss of earnings if your condition has impacted your ability to work. The amount you can claim will depend on the circumstances of your case; if you have any questions, one of our claim specialists will be happy to talk to you about your options.
Who can claim?
If you feel that you should have been diagnosed sooner, or received treatment earlier than you did, then it is possible that you have a claim. If you were financially dependent on someone, or have a family member who has been misdiagnosed, you may be able to claim on their behalf.
If the answer to any of these questions is “yes”, you should speak to us as soon as possible:
- Did your GP fail to diagnose symptoms in a reasonable way?
- Was your referral to a specialist delayed?
- Did you experience a delay in receiving further tests or treatment after possible symptoms of cancer were discovered?
- Do you think there was a delay in responding to your biopsy results?
- Do you think that after your diagnosis of lung cancer that your treatment was delayed?
- Did you experience a total failure in care at any point?
Get in touch with our experts here at Sheldon Davidson Solicitors; we will quickly assess your situation and let you know whether you have a strong claim.
I've been a smoker; can I still make a claim?
Smoking can often, although not always, be a factor in developing lung disease or cancer. However, if you contract a disease for whatever reason you are entitled to expect the same level of professional health care as anyone else; if you have suffered as a result of negligent treatment then you may have a claim, regardless of the circumstances.
Is there a time limit to bring a lung cancer misdiagnosis claim?
As with most medical negligence claims, there is a limit of 3 years from the time of misdiagnosis to bring a claim. However, the point that you realise that you have been misdiagnosed usually occurs some time after the misdiagnosis itself. In this situation the 3-year time limitation to make a claim starts from the 'date of knowledge'. If you have any queries about your case, speak to one of our medical negligence experts as soon as possible – the earlier you act, the less chance you have of your claim timing out.
Diagnosing Lung Cancer
Lung cancer is the third most common cancer in the UK. It tends to occur in older people and often alongside other health conditions, although this is not always the case.
Primary lung cancer breaks down into two main types:
- non-small cell lung cancer (NSCLC)
- small cell lung cancer (SCLC).
Secondary lung cancer occurs when the cancer in the lungs spreads to other areas of the body by metastasis. Currently, there is no national screening program for lung cancer in the UK, as it isn't clear that screening everyone is effective and the tests used have some risks.
In around a third of cases, lung cancer is diagnosed when a patient presents at A&E as an emergency, but in most cases, patients are referred on by their GP after showing symptoms.
If you are concerned about symptoms your GP should examine you, and there are a number of procedures that they need to follow:
- Your GP should examine you and take full note of your symptoms.
- They may use a spirometer to gauge how efficiently your lungs are working
- They may take blood tests in order to rule out other causes for your symptoms.
- You should be referred to hospital for further investigations.
Once referred to hospital, you are likely to have a range of diagnostic procedures, which may include:
- a chest x-ray
- sputum cytology (where samples of phlegm are tested)
- a CT or PET-CT scan
- a bronchoscopy
- an ultrasound
- Tissue samples or a biopsy
If after testing you are shown to have lung cancer, then you will need further tests to establish the type of cancer that you have, and the stage that your cancer is at. NICE (The National Institute for Health and Care Excellence) issued guidelines in 2019 to help GPs manage the diagnosis of lung cancer. The guidelines are designed to improve outcomes for patients “by ensuring that the most effective tests and treatments are used.” If a healthcare professional has failed to follow the appropriate guidelines, then it is possible that you might have cause to make a claim against them.
What is a lung cancer misdiagnosis?
Lung cancer misdiagnosis covers three possible scenarios:
- Your diagnosis was delayed, causing your illness to progress without treatment
- You were misdiagnosed, or your lung cancer symptoms were attributed to some other condition
- Your GP failed to diagnose you completely.
Early diagnosis is very important with all types of cancer and other progressive diseases, but with lung cancer the need for early diagnosis is particularly crucial. According to the Cancer Research UK, 88% of patients diagnosed at Stage 1 survived their disease for at least one year, compared to 19% of patients diagnosed at Stage 4. Any delay in diagnosis or treatment can have a real and very severe effect.
So, if your symptoms have been dismissed, or you weren’t given a referral by your GP when it is likely that another would have done so, or if test results have been interpreted incorrectly, then speak to Sheldon Davidson Solicitors. We will arrange for an independent medical assessment of your treatment to establish whether negligence was at fault. If we find that your treatment fell below the standard expected, we will do everything we can to ensure that you get the recompense that you need. We know that money can’t make everything right, but knowing that you and your family won’t be financially disadvantaged by your misdiagnosis is one less thing for you to worry about.
Why choose us?
Sheldon Davidson Solicitors have a team of experts who specialise in medical negligence and cancer misdiagnosis claims. Based in the North West, we have helped clients with medical negligence claims for over twenty years.
If we take on your case you can expect us to make sure you have all the support you need; we will use our network of medical experts and counsellors to ensure that you finally get the right treatment and will do everything we can to resolve your claim efficiently. We will represent you in court, although most of the time lung cancer misdiagnosis claims are settled before they get that far.
We understand the serious consequences that lung cancer misdiagnosis can have, and the impact it can have on your quality of life and long-term survival prospects. We want to do everything we can to help you to move forward.
Speak to us today for an initial assessment – one of our claims specialists will assess your situation and it will cost you nothing to find out if you have a case. We can work on a no win no fee basis, so you don’t need to worry about financing your case upfront – if we don’t win you have nothing to pay.
Our Medical Negligence Solicitors act regularly for clients across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham, and Whitefield.
We can support your needs wherever you live in Wales, England & Northern Ireland.
We specialise in no win no fee claims, which means if you don't win, you won't have to pay.
Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.
Sheldon Davidson Solicitors are a Lexcel accredited law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service.
With Sheldon Davidson Solicitors in Manchester you can be confident that your claim is in safe hands.
I would like to thank you so much for all the hard work that you put into my case which was complex and challenging. You were always professional, polite, and efficient but also had that human touch which was most welcome, especially when having to discuss personal medical information.
You have done an outstanding job in dealing with my claim and treated both myself and my wife in a totally professional manner