A cancer diagnosis is stressful and life altering enough, without adding medical negligence to the equation. This can be as a result of incorrectly performed procedures or unnecessary treatments. This usually arises due to misdiagnoses. Where a claim is appropriate, the standard 3 years from the date the pursuer becomes aware of the issue would apply. In cancer cases, perhaps more than other forms of medical negligence, it is worth noting that the family of a deceased person can also claim for up to 3 years.
There are two main factors leading to an amputation caused by medical negligence
Misdiagnosis is always a distressing and unsettling situation for any patient to process. Where cancer is involved, the delay in correctly identifying the correct type and stage, can be the difference between treatable and terminal. The most common types of cancer include breast, ovarian, colon, prostate and skin cancers. Although common, these types can still be misdiagnosed or missed altogether. Common reasons cancers are missed or mistaken for other conditions include:
Another issue with cancer being misdiagnosed is how drastically different the treatments and prognoses can be between the different types. Common issues for patients after misdiagnosis include:
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It is important where the patient has any doubt about their diagnosis, to speak to their doctors and perhaps seek a second opinion. It is also important for clinicians to seek second opinions where they themselves have any doubt.
There are many factors that can be taken in to consideration when deciding a cancer claim. It isn’t only the patients’ mobility or job that are affected, but often it is their entire life. Factors that may be considered could include:
Or if it is a family member claiming for a lost loved one:
There have also been some cases where patients who have been diagnosed with cancer, as opposed to the misdiagnoses being wrong for the type of cancer, they don’t have the illness at all. This could be equally as mentally distressing as actually having cancer, as the patient may believe themselves to be at risk of death. It could also lead to invasive medical procedures being performed for no reason. There would be an argument here for both mental and physical distress, and for loss of earnings/savings etc due to the patients’ reasonable belief of illness.
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