Claiming Compensation for Delayed Sarcoma Diagnosis
The uncertainty of medical professionals in diagnosing and referring patients with soft-tissue sarcomas can lead to a devastating outcome for the patient and justify compensation claims for medical negligence.
Risks associated with sarcomas
A delay in diagnosing a soft-tissue sarcoma will increase the likelihood that the cancer will spread to other parts of the body.
It will also increase the chance that the patient will die.
Early diagnosis is crucial to reducing the risk of mortality and the timing from suspicion of cancer to diagnosis of a sarcoma and then to the commencement of treatment is key to a good long-term outcome.
What is a sarcoma?
A soft-tissue sarcoma is a form of cancer that can affect almost any part of the body, particularly the digestive tract the arms or legs and the abdomen. They can also develop in the female reproductive system. Although uncommon, around 4000 people in the UK are diagnosed with a bone or soft-tissue sarcoma each year.
A sarcoma presents as a soft tissue lump which may be deep to the fascia or body's connective tissue. This may be accompanied by pain.
NICE Quality Standard
The need for improvement in the diagnosis and treatment of sarcomas is highlighted in the NICE quality standard which recognises the problems caused by the rarity of this condition and the need for improvement in the following areas:
- Patient experience of care
- Recurrence rates
- Survival rates
- Treatment morbidity and physical function
Referral guidelines
When a patient first attends a medical professional with concerns about a soft tissue lump, a prompt referral to a specialist for further investigation is crucial. Government targets for the referral and treatment of cancers are as follows:
- Patients should receive their first treatment within 62 days following an urgent referral for suspected cancer
- Patients should receive their first treatment within 31 days (one month) of a diagnosis of cancer
- If an urgent referral is made due to concerns about suspected cancer, the patient should be seen by a specialist within two weeks
The targets reflect the recognition that delays in referral for specialist assessment lead to delays in treatment which cannot be good for the patient.
Nonetheless, delays do occur, often at the first step due to a failure by a medical professional to recognise that the patient may be suffering from cancer or a failure to make a referral direct to a specialist.
Diagnosis and referral
Recognition of the possible symptoms of sarcoma requires an urgent response.
Symptoms which should prompt an urgent referral include pain alongside a lump which is at least 5cms in diameter and increasing in size.
It is likely that the patient would undergo an ultrasound as well as a biopsy in order to assess the cause of their symptoms.
It is also vital that referrals for patients with possible sarcoma are made to the most appropriate and specialised professional.
A referral to a non-specialist centre will delay investigation and treatment where necessary.
Causes of delays in diagnosis and treatment:
- Failure to recognise the key symptoms
- Misdiagnosis of symptoms
- Referral to a non-specialist unit
- Misinterpretation of test results
Medical negligence
Where substandard care by a medical professional causes a delay in the commencement of treatment for a sarcoma, the patient may suffer a poorer, long-term outcome.
Where that deterioration is significant, it may be appropriate to make a claim for compensation for pain, suffering and any financial losses associated with the patient's poorer outcome.
Speak to a solicitor
If you or a loved one have suffered significantly due to a delay in sarcoma diagnosis, contact Glynns today to talk to a specialist medical negligence solicitor.
We have supported numerous clients in pursuing claims for delayed cancer diagnosis and will be very happy to advise you.
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