Delay in diagnosis of cancer

In an area that is the subject of ongoing research and changing treatments, whilst we cannot stop the development of cancer, we can help you if your diagnosis of cancer was delayed.

Contact us if you believe that this applies to you, and we will talk you through the process.  With our known expertise in this area, we have access to some of the best experts in the country.

How to prove medical negligence

It is not enough for there to have been simple error or mistake. We must prove that there have been failures in your care which no ordinarily competent doctor or nurse would have made if acting with ordinary skill and care. We must then prove that these failures caused the injuries you suffered.

How we investigate your claim

We will take full details of what happened, where it took place, and when.  We will then obtain your medical records and instruct an appropriately qualified expert. This expert will then review your medical records and prepare a report addressing the treatment received in line with the test for medical negligence. We have an excellent working relationship with medical professionals in a wide variety of disciplines to assist us.

There are legal rules about the timescale for making a legal claim. In terms of Scots law, the clock starts running from the date of the negligence taking place. If you are aged over 16 at the time of negligence, you have three years to raise a claim in court. The position involving injury to a child is different. A child generally has three years from their sixteenth birthday to commence a claim. The courts apply these time limits strictly but will make exceptions in some cases.

Funding your medical negligence claim

We offer a range of funding options, including Legal Aid in certain circumstances, which we can discuss with you.

Case study 1

Our client had been referred by her GP to hospital to be assessed by a breast cancer specialist. She was noted to have various symptoms of breast cancer and also a family history of breast cancer. A mammogram was carried out but was misinterpreted and clear abnormalities were missed. Our client was subsequently re-referred back to the hospital specialists over a year later and was found to have advanced cancer. We successfully secured compensation for our client to recognise the distressing experience she suffered and the negative impact on her prognosis.

Case study 2

Our client had attended at a hospital complaining of bowel symptoms. He was assessed but was not referred for the urgent investigations which should have been carried out. When the investigations were finally carried out they were performed inadequately. Our client was finally informed of his cancer diagnosis years after he should have been diagnosed. His condition was more advanced on diagnosis than it would have been had he been properly treated. He could no longer work and suffered significant pain and distress about his terminal prognosis. We obtained compensation for our client from the Health Board.

Call our medical negligence team directly on 0131 200 1358.

Let us help you

Contact us to find out what we can do to help