If you believe that you have been affected by failure to diagnose cancer it may well be that you are able to pursue a claim for clinical negligence. Various areas where cancer is misdiagnosed are breast cancer, cervical cancer, ovarian cancer and prostate cancer.
It is generally considered that if one successfully treats cancer from an early diagnosis long term prognosis is very good. As a result the early detection and treatment of cancer is paramount.
Whilst there are a number of different types of cancer clinical
negligence claims can include all types where there has been misdiagnosis or delayed diagnosis.
We appreciate that following diagnosis of cancer it can be a very traumatic and an upsetting period and we are very much aware of the stress, anxiety and upset that such diagnosis can cause at a very difficult time in life. That being said our team are very experienced in offering support at this difficult time and offer a very robust but caring approach to such claims.
CAN I CLAIM
We would welcome the opportunity of discussing your cancer diagnosis and treatment with you. If you feel that there has been misdiagnosis in relation to your cancer or indeed there has been delayed diagnosis then please contact us to discuss your position further.
As a result of The Limitation Act of 1980 this imposes a strict duty upon Claimants to pursue a claim within a strict period of time. Whilst there is provision to dis-apply the strict ruling for Limitation Act essentially you must pursue a claim within three years from:
- The date on which the cause of action accrued or;
- The date of knowledge (if later) of the person injured.
If a person dies before the exploration of the period mentioned above then the period applicable in respect of that cause of action surviving for the benefit of the estate of the deceased party is three years from:
- The date of death
- The date of the personal representative’s knowledge Which ever is later. For all cases involving children limitation will expire on their 21st birthday.
WHAT CAN I CLAIM FOR
The amount of compensation (damages) you receive is made up of:-
- “General Damages” which compensate you for pain and suffering and loss of enjoyment of life
- “Special Damages” which consist of your quantifiable financial damages. They sometimes include medical expenses, transport cost, nursing or child care costs (in some cases) and a claim for loss of earnings if appropriate.
- “Smith and Manchester Award” This is where an award of damages is made for the weakening of the Claimants competitive position on the open labour market.
We would welcome the opportunity of discussing all aspects of your claim with you. We can discuss its merits free of charge. Please feel free to contact us on any of the modes of communication set out on our website. Not only can we discuss the merits of your claim but also methods of funding.
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