Claiming for Cancer Compensation
Cancer is a disease that cannot be pinned down to one single cause. There are various factors which may help increase the likelihood of an individual developing the disease. Your genes, general lifestyle, or even the environment may all contribute to increasing the chances of developing the disease.
Many of the claims made in clinical negligence is the failure by doctors to diagnose or treat cancer. Signs that should have been spotted before are not. It is inexcusable in today's modern day society with the advancements in technology to not effectively spot signs of cancer and treat the patient accordingly. Early misdiagnosis of cancer can have drastic consequences on the patient's quality and life expectancy. In some instances, the misdiagnosis can be so serious, that treatment may no longer be a viable option, and the patient may be impacted severely.
How can you make a claim?
The doctor in the first instance will be assessedagainst 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?
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 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.
The types of misdiagnoses made by doctors in cases of breast cancer:
Not following up on test results
Not ordering new tests
Failing to spot early symptoms
Mistaking a tumour for an infection or diagnosing the tumour as benign
Failing to observe an obvious lump during an examination
The list outlined above are just some of the crucial mistakes that doctors make which lead to great anxiety and stress for the individual. If these diagnoses were made early on, then it would mean less pain and hardship for 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.
Author: Ayesha Salim is a law graduate who works fulltime with the UK Lawyers Network researching and writing about legal topics
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