In the UK, a recent House of Commons Committee Report published in April highlights both progress and persistent shortcomings in cancer diagnosis and treatment.
Over the past 50 years, cancer survival rates have improved significantly. In 1972, only 30% of people were expected to survive cancer for five years or more. By 2011, that figure had risen to 54%. Undoubtedly, this progress reflects advances in medical science and the dedication of NHS professionals.
However, despite these improvements, England continues to lag behind comparable countries. For example, only 58.9% of people diagnosed with colon cancer in England survive for five years or more. By contrast, survival rates stand at 66.8% in Canada and 70.8% in Australia.
The Impact of the Pandemic on Cancer Care
Furthermore, the COVID-19 pandemic placed unprecedented strain on cancer services:
- During the pandemic, 36,000 fewer people in England and 45,000 fewer people across the UK began cancer treatment compared to previous years.
- Between March and September 2020, three million fewer people were invited for cancer screening.
- In addition, between March 2020 and March 2021, 326,000 fewer urgent cancer referrals were made in England, alongside 4.6 million fewer diagnostic tests.
As a result, many cancers were diagnosed later than they should have been, often with devastating consequences.
Why Early Cancer Diagnosis Saves Lives
Crucially, the earlier cancer is diagnosed, the better the chances of survival. According to the Committee Report:
Similarly stark contrasts exist for other cancers:
- Breast cancer: 98% five-year survival at stage 1 versus 24% at stage 4
- Prostate cancer: 100 per cent five-year survival at stage 1 versus 40% at stage 4
Clearly, delayed diagnosis can transform a treatable condition into a life-threatening one.
Coping With a Late Cancer Diagnosis
If your cancer was diagnosed late, you may be experiencing fear, anger, or frustration. While many patients understand the immense pressure faced by GPs and hospital doctors during the pandemic, it is equally important to protect your own health and your family’s future.
In these circumstances, compensation can help. For example, it may allow you to:
- Access private medical treatment
- Pay for in-home care and support
- Replace lost income if you are unable to work
How a Medical Negligence Solicitor Can Help
Initially, a medical negligence solicitor will listen carefully to your experience and obtain your full medical records. These records, together with any complaint responses, will then be reviewed in detail.
Next, your solicitor will assess the strength of your case and explain the claims process clearly and realistically. Importantly, medical negligence claims often take between 12 and 36 months to resolve. Therefore, it is essential that you feel comfortable with your solicitor and trust their advice throughout the process.
Will Compensation Affect My Benefits?
If your claim is successful, your solicitor can advise you on setting up a Personal Injury Trust. By placing your compensation into the trust, your entitlement to means-tested benefits can be protected.
How Are Legal Fees Paid?
In most cases, medical negligence solicitors act under a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA).
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.
This means:
- If your claim is unsuccessful, you do not pay legal fees
- The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted.
In addition, your solicitor can arrange After The Event (ATE) insurance, which protects you against the other party’s legal costs if the claim does not succeed.
You pay nothing upfront, and if you lose you pay us nothing.
Will I Have to Go to Court?
Fortunately, most delayed cancer diagnosis claims settle out of court. As a result, you are unlikely to face the stress of a full trial. However, if court proceedings do become necessary, your solicitor will support you throughout.
Final Thoughts
A delayed cancer diagnosis can quite literally be a matter of life and death. If negligent care by a GP or consultant caused your diagnosis to occur later than it should have, you may be entitled to compensation. Ultimately, this compensation can help secure vital treatment and provide financial stability for you and your family.
Our team has more than 200 years of combined legal experience advising and representing clients in medical negligence claims. We are supportive, professional, and committed to guiding you at every stage.
Thinking about a claim? Read about Medical Negligence Claims and how No Win No Fee works, or send us your enquiry.