Statistics show that one in two people will be diagnosed with some form of cancer during their lifetime. One of the most important factors in improving outcomes is early detection and prompt treatment.
The NHS provides an urgent referrals and timely treatment to people who report possible cancer symptoms.
When a patient presents with symptoms that could be due to cancer, the NHS follows a structured cancer referral pathway designed to make sure that patients are assessed, diagnosed and, where necessary, treated as quickly as possible. The details are set out in the Government’s National Cancer Plan for England - GOV.UK.
Unfortunately, delays can sometimes occur within this process. Where delays in diagnosis, referral or treatment have resulted in harm, it may be appropriate to investigate whether a cancer negligence claim can be brought.
The questions below explain the cancer referral pathway, when delays may become a concern, and how our solicitors may be able to help.
NHS Targets – What should I expect?
The NHS aims to ensure that a where cancer is suspected by a GP, this person receives a diagnosis of cancer or advised that they do not have cancer within 28 days of being referred urgently by their GP.
- Urgent Suspected Cancer Referral (Two-Week Wait)
If a GP believes your symptoms could indicate cancer, they should make an Urgent Suspected Cancer referral to a specialist. This is often referred to as the “two-week wait” pathway.
Under this system, patients should be seen by a specialist within 14 days of the referral being received.
- Faster Diagnosis Standard (28-Day Target)
The NHS operates a Faster Diagnosis Standard, which aims for patients to receive a confirmed diagnosis, or have cancer ruled out, within 28 days of the urgent referral.
This typically involves investigations such as scans, biopsies, or further specialist appointments.
- Treatment Time Targets
If cancer is diagnosed, the NHS should begin treatment within another 31 days and ensure that the entire jorney, from diagnosis to starting treatment, lasts no longer than 62 days.
However, in some cases the targets are not met, which causes delays in both diagnosis and treatment. This can have a profound impact on the patient.
Common medical negligence claims
While not every delay is negligent, problems can arise where there are:
- Delays in referral by a GP *
- Failure to recognise cancer “red flag” symptoms
- Delays in arranging or reporting tests
- Delays in referring to the appropriate specialist
- Failure to act on abnormal test results
- Failure to perform or correctly report investigations
- Failures to send out reminders for routine check- ups
Where delays occur, they can sometimes lead to later diagnosis and reduced treatment options.
* The NHS has published a review of successful medical negligence claims against GPs where there has been a delay in diagnosis. Click here to read an analysis of this review.
What can I do if I feel there has been a delay in diagnosis of my cancer?
If you have not been diagnosed with cancer but are concerned that your symptoms are not being properly considered. Jess’s Rule is a primary care initiative to encourage GPs teams to rethink a diagnosis if a patient presents three times with the same symptoms or concerns, particularly if symptoms unexpectedly persist, escalate, or remain unexplained. If you feel that that your GP has not properly considered your symptoms, you should raise this with them.
If you have received a diagnosis but are concerned about circumstances surrounding your diagnosis of cancer and feel that you have experienced any delay in treatment or a poor standard of care, our solicitors will listen to your concerns and advise whether it would be appropriate to investigate further.
Will a claim affect my treatment?
No. Bringing a claim should not have any effect on the treatment you are receiving, and you should not have to move your treatment to an alternative GP or hospital.
Why should I bring a claim?
Whilst bringing a claim sadly cannot change the circumstances around the diagnosis, bringing a successful claim may be able to help you to pay for care, therapy and private medical treatment going forward. Compensation can also be recovered for travel costs and any loss of earnings, should you be unable to return to work in the same capacity.
Bringing a claim can also help answer some of your questions about what happened and provide emotional closure, and whilst a claim cannot force the defendant to improve their procedures it will help to shine a light on the mistakes made, which may help prevent another similar incident happening in future.
Is it possible to bring a claim for someone who has died because of suspected medical negligence?
Yes. If you are concerned that a loved one may have passed away due to delays in diagnosis or negligent treatment, please do get in touch. In some circumstances, their dependants may still be entitled to bring a claim and seek compensation.
We understand how difficult it can be to think about these issues at such a challenging time. Our team will work with you sensitively to help understand what happened and provide clear, compassionate advice about the options available.
Will it cost me anything to bring a claim?
Most of our cases are funded on a no-win, no-fee basis, also known as a Conditional Fee Agreement (CFA). This means that if your claim is unsuccessful, you will not have to pay our legal fees. If your claim is successful, the defendant will usually pay the majority of the legal costs, with the client contributing a capped amount (agreed at the start of the case) from the compensation awarded. We will discuss all available funding options with you in detail and are always happy to answer any questions or concerns you may have.
Will I have to go to court?
The overwhelming majority of our cases are settled without the need for a trial. Should your case be one of the exceptions that is decided at trial, we will fully support you through the process.
When should I contact a solicitor for advice?
You should seek legal advice as soon as possible if you are concerned about delays or failures in your medical care, as time limits do apply with medical negligence claims.
You do not need to wait until your treatment has finished before contacting us.
Quote from author, Alpa Rana, Legal Director and Specialist Medical Negligence Solicitor from MDS, said “Cancer touches the lives of most people today, either directly or indirectly. Evidence shows that early diagnosis and prompt treatment significantly improve patient outcomes. Despite considerable advances in this area of medicine, further progress is needed to ensure equitable access to appropriate care for all."
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