Lung cancer negligence is if you suffer medical negligence in your diagnosis, treatment, or care when you could have lung cancer. To make a diagnosis error or treatment error with your lung cancer can have serious effects on your life today and in the future. 

The oncologist could miss a diagnosis of lung cancer or misdiagnose the lung cancer as another condition. A prescribing doctor could put you on the wrong treatment plan, or hospital errors could delay your lung cancer treatment. Any type of lung cancer negligence is medical negligence in your cancer care. 

Medical negligence is when the medical professional provides you with medical care below the standard any other medical professional would provide. The GP, oncologist or other medical professional owes you a duty of care and if they breach that duty of care, it could be medical negligence. 

A No Win No Fee medical negligence solicitor can make a compensation claim on your behalf for the lung cancer negligence.

Lung cancer negligence

What is a lung cancer negligence claim?

A lung cancer negligence claim is when you seek compensation for the damages you suffer due to medical negligence with your lung cancer. You seek damages for the effects of the lung cancer negligence today and in the future. 

Lung cancer is a severe and often fatal form of cancer. According to the NHS, nearly 43,000 people are diagnosed with lung cancer every year. About 70% of people with lung cancer are smokers, and in the UK, 40% of all diagnoses are in people over 75. 

Only 10% of people diagnosed with lung cancer live ten years or more after diagnosis, mainly due to prompt, quality treatment such as surgery. Early, top-quality treatment is necessary to help people survive lung cancer and to keep the disease under control. 

Lung cancer negligence is when the GP misses the signs of cancer, the oncologist misdiagnoses the lung cancer as another lung condition, or you suffer other errors during your diagnosis and treatment. 

You make a lung cancer negligence claim against those responsible for the lack of duty of care in your medical treatment. 

A No Win No Fee medical negligence will examine your case and see if you have a valid lung cancer negligence claim.

Medical Negligence Claim Assessment

Take our 5-minute claim assessment to determine the strength and validity of your case. This is a 100% cost and commitment free service.

Common claims for lung cancer negligence

Common claims for lung cancer negligence range from errors in your diagnosis to claims for errors in your lung cancer treatment. 

An oncologist should provide you with a duty of care during your lung cancer diagnosis and treatment, and to not receive that duty of care could be a claim for lung cancer negligence. 

Some common claims for lung cancer negligence:

  • GP fails to refer you for further tests for lung cancer claim
  • Oncologist misses the diagnosis of lung cancer claim
  • Delays in treatment cause the lung cancer to worsen claim
  • Treatment errors for lung cancer help the cancer to spread claim
Common claims for lung cancer negligence

GP fails to refer you for further tests for lung cancer

When the GP fails to refer you for further tests for lung cancer, they are putting your life at risk by not making an early lung cancer diagnosis. 

The GP should examine you fully, take your medical history into account and send you for further testing as soon as possible. 

Symptoms of lung cancer a GP should note:

  • Loss of weight
  • Chest pains
  • Recurrent chest infections

The GP should refer you for further testing to help confirm a diagnosis of lung cancer and put you on an early course of treatment or to make a diagnosis of another condition which may need treating.

The oncologist makes a misdiagnosis of lung cancer

The oncologist makes a misdiagnosis of lung cancer when they breach their duty of care to you when you are referred to them for suspected lung cancer.

The oncologist can make a misdiagnosis of lung cancer by:

  • Missing the signs of lung cancer during screening
  • Missing the diagnosis of lung cancer when reading test results
  • Making an error when dealing with your patient notes

An oncologist must give you full attention when examining you when you have suspected lung cancer. To make a misdiagnosis of lung cancer may be medical negligence.

The oncologist misses the diagnosis of lung cancer

The oncologist misses the diagnosis of lung cancer, and you are only diagnosed with lung cancer at a later stage and when the lung cancer may have spread. 

The oncologist should not miss a diagnosis of cancer when they are treating you for suspected lung cancer. 

An oncologist can miss the diagnosis of lung cancer when:

  • The oncologist does not see the signs on the test results
  • The oncologist is stressed due to cutbacks, waiting lists and staff shortages
  • The oncologist fails to take a complete history when you are in their care

A missed diagnosis of lung cancer will allow the cancer to spread and could prove fatal in some cases. 

You may make a lung cancer negligence claim when the oncologist misses a diagnosis of lung cancer.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical records

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Delays in treatment cause the lung cancer to spread

Delays in treatment cause the lung cancer to spread, which can happen due to hospital negligence, errors in reading test results and NHS cutbacks in cancer treatment. Any delay will give the lung cancer a chance to spread and become even more challenging to treat. 

Delays in treatment for lung cancer happen when:

  • NHS cutbacks cause cancellations in cancer treatments
  • The oncologist fails to refer you for lung cancer treatment
  • The NHS hospital fails to make your lung cancer treatment appointment

Delays are unacceptable to lung cancer treatment, and you could have experienced medical negligence if you suffered treatment delays when you were diagnosed with lung cancer.

Treatment errors cause the lung cancer to spread

Treatment errors can cause the lung cancer to spread and may make the lung cancer difficult to treat in the future. 

The oncologist should prescribe a clear treatment path and give you a fighting chance with tackling your lung cancer. 

Treatment errors in lung cancer may be:

  • Failing to schedule surgery for removing lung cancer tissue
  • Failing to prescribe the correct medication for the treatment of lung cancer
  • Failing to follow up on surgery with further lung cancer treatment

Any errors in lung cancer diagnosis and treatment may cause delays in beginning treatment or leave the lung cancer undiagnosed until it has spread in your body. 

You should not have to suffer lung cancer negligence, and if you do, you may be able to seek compensation in a lung cancer negligence claim.

Compensation for lung cancer negligence claims

In a lung cancer negligence claim, you can seek compensation from a medical specialist in amounts from the low £10,000s to over £10 million in some cases. 

The medical negligence by a GP, hospital doctor or oncologist may be due to poorly trained staff, the misreading of test results or fatigue, but the lung cancer diagnosis errors can have many effects on you, and you can claim for those effects today and in the future. 

The compensation awarded when your oncologist makes an error with your lung cancer treatment or when the GP fails to refer you for further testing depends on many factors, such as how much discomfort and disruption you experience in your life today and in the future. 

Claims sometimes see very high awards, such as when a patient becomes very ill due to the wrong treatment or suffers unnecessary pain and anxiety due to a missed diagnosis of lung cancer. 

Compensation for lung cancer negligence can see awards of:

  • GP negligence leads to delays in lung cancer diagnosis -£44,500
  • A missed diagnosis of lung cancer by an oncologist – £68,900
  • Delays in lung cancer treatment allow the cancer to spread- £102,350
  • Lung cancer becomes difficult to treat due to diagnosis errors -£128,900
  • Diagnosis errors by an oncologist lead to fatal lung cancer – £250,000
compensation claim calculator

All amounts are approximate and are only a guide to what is possible in a lung cancer negligence claim. Figures can be high in some claims as you or a loved one could need long-term care, and you may face medical bills for life due to errors in treating the lung cancer or errors in diagnosing your lung cancer. 

You may be able to claim for these care expenses and the medical costs in the future with a lung cancer negligence case. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to the medical negligence by the GP, hospital doctor or oncologist. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a lung cancer negligence claim. They will know from experience what your case may be worth and how to make a successful lung cancer compensation claim.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

Who is eligible for compensation in a lung cancer negligence claim?

The patient who suffers pain and anxiety and sees their lung cancer getting worse due to medical negligence may be eligible to claim compensation. 

Medical negligence may make their cancer worse, or any subsequent poor medical treatment may also affect their recovery. A patient can claim compensation for the effects of the lung cancer negligence on their life today and in the future. 

You, the patient, are the one to suffer due to the misdiagnosis of lung cancer or a missed diagnosis of your lung cancer in the early stages. The medical negligence by the oncologist may cause the lung cancer to worsen or even put your life in danger. 

Medical negligence may lead to psychological trauma, unnecessary pain, and further surgery. The patient may be unable to claim due to the effects of the lung cancer negligence, and their dependants may be able to make the compensation claim. 

The loved ones in a lung cancer negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the injured person
  • Someone who lived with the patient for two years as a husband, wife, or civil partner.
  • Blood children adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

When you have a lung cancer negligence claim, your No Win No Fee medical negligence solicitor can help make the case for compensation.

What can you claim for in lung cancer negligence compensation?

You can claim compensation for any damages that occurred when you sue for lung cancer negligence. 

There are two types of compensation damages due when suing for any kind of medical negligence, such as lung cancer negligence:

General Damages in a lung cancer negligence claim are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to a misdiagnosis, missed diagnosis, poor treatment or other form of medical negligence when suffering from lung cancer. 

  • Pain is that above what is normally expected for your condition, made worse by the negligence 
  • Suffering is the inconvenience and changes to your life that cause you unnecessary discomfort when you experience lung cancer negligence
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping. 

Special Damages in a lung cancer negligence claim can include any loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future
  • Future care costs are for any care you will need as a result of the lung cancer negligence, causing your cancer to worsen 
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals 

Be sure to keep payslips, receipts, and proof of any losses you experience due to the lung cancer negligence by the NHS hospital, GP, oncologist, and hospital doctor.

You deserve compensation to cover all losses, including loss of life for dependents, medical costs, and long-term care needs. 

When you or a loved one experiences unnecessary suffering due to lung cancer negligence by a medical professional, such as that caused by a misdiagnosis of lung cancer, you can claim medical negligence compensation.

two types of compensation damages

Who is responsible for lung cancer negligence?

Any NHS medical professional can be responsible for your lung cancer negligence. They are the ones who owe you a duty of care, and when they breach that duty of care, leading to lung cancer negligence, you are the one to suffer. 

The NHS is a hard-working and excellent health service for the people of the UK. Administrators and medical professionals working within the NHS can make errors, though, which may lead to lung cancer negligence.  

Those responsible for your lung cancer negligence can be:

  • The GP who fails to refer you for further tests
  • The oncologist who makes an error in your diagnosis
  • The hospital doctor who fails to refer you to an oncologist
  • The GP who makes a missed diagnosis of your lung cancer
  • The cancer treatment team who makes errors with your medication
  • The NHS hospital which does not employ fully trained staff
  • The NHS hospital which does not follow lung cancer treatment guidelines
  • The radiologist who makes an error with your cancer screening
  • The NHS hospital, which causes a mix-up in your medical notes and records
Who is responsible for medical negligence

Lung cancer negligence, like a misdiagnosis or a delay in treatment, can have severe, long-term effects on your life and that of your family and loved ones. 

When your lung cancer diagnosis is delayed, or you suffer a missed diagnosis of lung cancer, your loved ones may have a claim for the potential effects of lung cancer negligence.

Potential effects of lung cancer negligence

The potential effects of lung cancer negligence range from the cancer spreading in the body to delays in beginning treatment to death due to the lung cancer in many cases.

Lung cancer is a difficult-to-treat and stabilise form of cancer. Early detection, diagnosis and treatment are crucial to surviving lung cancer beyond the first year of contracting it. Lung cancer negligence can cause the cancer to worsen and put your life in danger. 

Potential effects of lung cancer negligence can be:

  • Longer treatment time due to delays in beginning treatment
  • More intensive treatment due to errors in diagnosis
  • More intensive and invasive lung cancer surgery
  • The loss of a lung due to a missed diagnosis
  • Becoming unable to work due to lung cancer negligence
  • The lung cancer spreads to the brain
  • The lung cancer becoming incurable
  • Death due to lung cancer negligence

Fatal lung cancer negligence is not unusual, as successful treatment for lung cancer depends on early detection, diagnosis, and treatment. When lung cancer is left undiagnosed, it can quickly spread in the lungs and to the bones and the brain. 

The loved ones left behind as a result of fatal lung cancer negligence can claim compensation for the medical negligence. In any medical negligence case, such as that by an oncologist or other cancer doctor, those left behind who can claim are known as ‘dependents.’ 

The dependants who can claim compensation for lung cancer negligence can be:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

The deceased’s family may be able to claim compensation on behalf of the estate for the fatal lung cancer negligence. 

They may be able to claim for:

  • Mental anguish
  • The economic effects of the death today and in the future
  • The costs of care if the deceased was a carer for a relative
  • Any medical costs due to the negligence, before the death of the loved one
  • Adaptions to the home and car before they passed away
  • Other damages from the fatal negligence, such as loss of income

The dependents of the victim may have a compensation claim, and a No Win No Fee medical negligence solicitor can guide them through the steps in making a claim for fatal lung cancer negligence. 

Lung cancer caused by your workplace

Many people have lung cancer caused by their profession. You can claim compensation for lung cancer negligence if you can show the cancer was caused by your profession, but the medical professional did not include your profession when making a diagnosis. 

Types of professions where you could contract lung cancer:

  • Working as a miner or similar employment
  • Working with asbestos, such as on a building site or on a demolition crew
  • Working with cotton and other fibres, where you can suffer ‘Brown Lung’
  • Working with silica particles in foundries and similar occupations
  • Working with mineral oils without protective breathing masks
  • Working in car repair and other occupations involving diesel and petrol fumes

Your occupation can be a factor in causing lung cancer. The medical professional should examine your work history and include it when referring you for further tests and when diagnosing lung cancer. 

Errors in correctly diagnosing and treating your lung cancer may be part of your lung cancer compensation claim.

lung cancer at work

How to make a claim for lung cancer negligence

To make a claim for lung cancer negligence you need to follow the steps from seeking medical advice to contacting the medical professional responsible to issuing court proceedings, when all other means fail, against that medical professional. 

The steps are a part of any successful medical negligence compensation case, and settlement can happen at any stage in the process. 

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

Seek medical advice on the effects of the medical negligence and any unnecessary suffering you experience as soon as you realise you may be a victim of lung cancer care, a misdiagnosis of lung cancer or a missed diagnosis of lung cancer.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at the case, see where the problem lies, and advise if you have a claim for medical negligence. 

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a lung cancer negligence claim. 

You or a loved one suffered the medical negligence of lung cancer negligence, and you should get all the money due for the effects on your life today and in the future.

Your medical negligence solicitor obtains the medical records with your permission. By reading the records, they will confirm if they think you have a valid claim for lung cancer negligence. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the medical negligence in what is known as ‘sending a letter of claim.’ 

When the negligent party receives the letter of claim, they have up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move the compensation claim closer to a conclusion. 

The insurer will either admit to the claim of lung cancer negligence or say they intend to defend the case. Deciding to defend the claim is known as ‘deny liability’ in legal terms.

If they admit liability, your medical negligence claim can be valued, and the two parties will meet to decide on the lung cancer negligence compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve for any medical negligence in your lung cancer diagnosis and treatment.

Issuing court proceedings is the next step if they deny liability in your claim for medical negligence in your lung cancer care. 

Going to court happens, too, when they are not prepared to pay a fair amount for the damages you or your loved ones suffered. Your medical negligence solicitor issues the court proceedings. 

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

How long do I have to make a claim for lung cancer negligence?

You have three years to make a claim for lung cancer negligence. All medical negligence claims are subject to limitation periods. 

For example, in England and Wales, medical negligence cases for lung cancer negligence must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim. 

If someone has passed away due to a breach of duty of care by a medical professional leading to lung cancer negligence, it is the date of death if the limitation period has not expired by that time. 

Children not under a disability typically have until they reach 21 to start a medical negligence claim or court proceedings. 

Persons with a disability, who lack capacity, are not subject to any limitation period.

Will I have to go to court with a lung cancer negligence claim?

No, you are very unlikely to have to go to court with a lung cancer negligence claim. 

The majority of cases are settled well before there is a need for court action, and NHS Resolution will see most cases are dealt with, in conjunction with your solicitor, before a referral to court by either side. 

Lung cancer negligence can cause you and your family a lot of distress, and if you discover the errors could be due to poor treatment by a medical professional, you will want answers and compensation for the effects of the lung cancer negligence. 

Your solicitor will want to keep the medical negligence claim out of court and get it settled in your favour as quickly as possible. 

If your claim is one of the very few cases that do go to court, it will be handled by your No Win No Fee medical negligence solicitor.

Using a No Win No Fee medical negligence solicitor

Using a No Win No Fee medical negligence solicitor is the only way to a successful compensation claim for lung cancer negligence. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win. 

The medical negligence solicitor will have experience dealing with the NHS and insurance companies when handling your lung cancer negligence claim. They will know the causes of lung cancer negligence, discover who caused the medical negligence in your treatment, and the effects of any negligence by a medical specialist. 

Your No Win No Fee solicitor will handle your compensation claim when you suffer lung cancer negligence and how to make it a successful compensation claim. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees. 

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor. 

You are the one who experienced the lung cancer negligence, and you deserve the compensation to get your life back to normal.

Using a No Win No Fee solicitor

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your claim for lung cancer negligence. You suffered from the effects of the misdiagnosis, missed diagnosis or poor medical treatment with your lung cancer, and you may be able to claim compensation for the medical negligence. 

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis, and you will not be out of pocket for an unsuccessful claim. We have both the legal and medical experts to guide you along the steps to a successful claim for lung cancer negligence compensation. 

We have a very high success rate and a reputation for a speedy and successful resolution to medical specialist negligence claims. 

Our 100% Compensation Guarantee puts all the money you win into your pocket. You may have a compensation claim if you experience lung cancer negligence, such as errors in scheduling your treatment or when an oncologist makes errors in diagnosing the lung cancer. 

Contact us at the Medical Negligence Team, and let us handle your claim for lung cancer negligence compensation.

speak to a medical negligence expert today