Claiming Compensation for Delayed Diagnosis of Pancreatic Cancer
A delay in diagnosing pancreatic cancer can deprive the patient of a chance of long-term survival and deprive their family of a much-loved member. Where medical negligence has been the cause of this delay, it may be appropriate to make a claim for compensation.
Survival of pancreatic cancer
Pancreatic cancer is one of the fastest causes of cancer mortality in the UK. Currently, around 75% of people with a diagnosis of pancreatic cancer will not survive for more than one year. According to Pancreatic Cancer UK, only around 7% of pancreatic cancer patients in the UK have a five-year survival expectancy in comparison with over 12% in Belgium and more than 11% in the United States.
Diagnosis delays
A key factor in determining survival rates for this killer illness is the timing of diagnosis. This will determine the type of treatment available to the patient as well as how quickly the patient accesses that treatment.
If the patient is diagnosed at an early stage, they may be able to undergo surgery which can give them the greatest chance of survival. If diagnosis and treatment are delayed, the chances of survival for one year and five years are reduced. Specifically, a delay in diagnosis and treatment can deny a patient the chance of surgery if they have become too ill for surgery during the period of delay.
Diagnosis of pancreatic cancer can be difficult and the variable symptoms may indicate a range of possible explanations.
Symptoms of pancreatic cancer can include the following:
- Jaundice
- Unexpected weight loss
- Pain in the abdomen or back
- Altered stools
- Nausea
A patient presenting with these symptoms probably requires a rapid referral for a scan such as a CT or MRI scan or an ultrasound. A failure to make such a referral may be considered to be a substandard level of care.
Patient factors in diagnosis
Patients who also come into an 'at-risk' category for pancreatic cancer such as those with diabetes or who are overweight should raise a note of particular warning for medical professionals that their symptoms may be due to this potentially-fatal illness.
Patient delays can be a contributing factor in delayed diagnosis. Pancreatic cancer is most common in the elderly who may be reluctant to visit their health practitioner. However, pancreatic cancer can also occur in the younger generation where a delay in attending their GP may be due to a failure to consider the possible sinister significance of an individual's symptoms.
Once a patient attends their GP or Accident and Emergency facility with possible symptoms of pancreatic cancer, however, such is the risk of rapid mortality that every precaution should be taken and a willingness to refer for the appropriate tests should be essential.
Cancer treatment targets
Pancreatic Cancer UK has called for patients with a diagnosis of pancreatic cancer to commence treatment within 20 days of diagnosis by 2024, trying to achieve potentially life-saving surgical treatment for 15% of these cancer sufferers.
Unfortunately, the NHS is currently struggling to meet the government's targets for cancer diagnosis and treatment. Less than 40% of NHS Trusts are presently meeting the 62-day referral to treatment waiting time for cancer patients according to a study carried out earlier this year.
Legal advice
If you believe that you or a loved one have received a substandard level of care in relation to pancreatic cancer, contact Glynns to talk to a specialist medical negligence solicitor.
It might be appropriate to make a claim for compensation for the associated pain, suffering and financial losses.
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