Compensation for Cancer Treatment Delay
Approximately 300,000 people are diagnosed each year in the UK with some form of cancer. The sooner they are treated, the greater the likelihood that they will survive. Prompt and effective treatment, however, depends on a prompt diagnosis.
Diagnosis, treatment and survival
The earlier cancer is diagnosed, the less traumatic the patient's experience is likely to be in a whole variety of ways: physically, psychologically, practically and financially. The treatment programme may be shorter and less invasive, the long-term prognosis may be better and the impact on the patient's body and their life, where they survive, may be considerably improved.
An early diagnosis may mean that the cancer is less likely to have spread, affecting other parts of the patient's body and reducing their chance of survival.
Cancer survival rates in the UK do not always compare favourably with our European counterparts and the government guidelines on referral times and safety netting are intended to try to reduce diagnosis times and improve survival rates.
Timing of cancer diagnosis
The current targets for the timing of cancer diagnosis are as follows:
- Once a GP has made an urgent referral for suspected cancer, the patient should be seen in hospital within two weeks
- From the time when a GP or cancer screening programme makes an urgent referral of suspected cancer, the patient should have a diagnosis of cancer, or know that cancer has been ruled out within 28 days.
Of course, meeting these target times can only be attempted if a referral is made. If a GP fails to recognise that a patient's symptoms might indicate that the patient is developing cancer, a referral may not be made.
In these circumstances, and where the patient subsequently succumbs to this terrible disease, the medical professional may be regarded as having been negligent and it may be appropriate to make a claim for compensation.
Timing of treatment for cancer
Guidelines also exist for the timing of treatment in cancer to try to ensure that the patient achieves the best outcome.
- If a patient is diagnosed with cancer, they should wait no longer than 62 days from their GP's first referral until they begin treatment
- From their initial diagnosis, a patient with cancer should not have to wait more than 31 days before treatment begins.
If treatment is delayed, it may be considered that the patient has received substandard care. If the patient suffers significant, long-term problems as a result of the delay in treatment, it may be appropriate to make a claim for compensation.
What Is Safety Netting?
Safety netting is the process by which medical professionals in primary care try to ensure that patients with cancer are not missed or lost in the system.
Some patients with cancer symptoms may be slow to seek help and their condition may worsen before they access medical support. Medical professionals cannot be held responsible for the impact of such delays and anyone with possible symptoms of cancer is encouraged to seek medical help as soon as possible.
Once a patient accesses the system, however, it is important that medical professionals monitor that patient until there is an explanation for their symptoms. Safety netting procedures could include the following:
- Clear recording of the patient's history, symptoms and the results of examination to ensure that any future assessments are fully informed
- Ensuring that the patient has understood the results of their appointment and any information or instructions given by the medical professional
- Providing advice as to any symptoms which the patient should look out for which may indicate a worsening of their condition and may require immediate attendance at Accident and Emergency or an urgent GP appointment
A failure by medical professionals to ensure as far as possible that a patient progresses through their care pathway effectively may be regarded as poor quality care.
If the patient suffers a poor long-term outcome as a result of medical failings, it might be appropriate to make a claim for compensation.
Medical negligence
If medical professionals fail to provide a reasonable standard of care for their patient, they might be considered to have acted negligently.
If the patient suffers as a result, it might be appropriate to make a claim for compensation for the patient's pain, suffering and financial losses associated with the poor care.
Speak to a solicitor
If you or a loved one are struggling with the long-term impact of a delay in diagnosis or treatment of cancer, you might wish to consider making a claim for compensation.
Glynns Solicitors is a specialist medical negligence legal practice and one of our team of experienced solicitors will be very happy to discuss your experience with you and consider the suitability of making a compensation claim.
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