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Delays in diagnosing cancer are a common area for claims of medical negligence.
Why can cancer be diagnosed late?
There are many factors which affect why cancer diagnosis may be delayed, including where a patient does not notice their symptoms. However, it may be that a GP or hospital doctor fails to recognise potential cancer symptoms and investigate them appropriately, or refer a patient on time. Referrals can also be made to the wrong specialty. In these circumstances, there may be a claim for medical negligence.
A study from 2019 by Cancer Research UK found that one in four cancer patients experienced a delay in diagnosis that could have been avoided. The causes were multiple but according to the study included long waiting times for tests. Patients with other pre-existing conditions were found to be more likely to experience an avoidable delay, potentially because of difficulties distinguishing between symptoms attributed to the condition and those that could be an indicator of cancer.
The picture is made even more complex since, following the pandemic, there are significant problems within the NHS regarding general waiting times, including those for cancer tests and treatment. Oncologist Professor Pat Price, founder of the CatchUpWithCancer campaign and a medicolegal expert, recently stressed that we should not be accepting these delays as the norm. Analysis from cancer charity Macmillan found that 2022 was the worst year on record for cancer waiting times.
What is the impact of late diagnosis?
The British Medical Journal has published data suggesting that those whose cancer diagnosis is delayed by even one month may have a six to thirteen percent greater risk of dying. This increases the longer that treatment does not begin. For some people the delay is literally the difference between life and death. However, the impact will depend on the type of cancer and the length of the delay. Some types of skin cancer, for example, can be slow growing.
Screening issues
National screening programmes are in place in several areas of cancer care, including breast screening for women aged 50 to 70. There are home testing kits to screen for bowel cancer for those between 60 and 74 and cervical screening for women aged 25 to 64.
These programmes are critically important. However, arguably they could be extended or improved in some areas to prevent delays in diagnosis. Results of a study published in 2020 suggest that women in their 40’s may benefit from annual breast cancer screening. Yet, as matters stand, there is no current plan to extend the programme.
At a recent inquest into the death of Rachelle Ross from cervical cancer, the Coroner called for a standardised approach to missed smear tests. She highlighted that if an automatic flag or alert was created when a patient failed to attend for a test as part of the national screening service, this would avoid GP surgeries having to manually add a warning to an individual patient record. Clearly an initiative of this kind could help avoid errors leading to deadly delays in diagnosis.
The Government’s war on cancer
Just over a year ago, the Government launched a ‘national war on cancer’ with a proposed ten-year plan. This has now been replaced with a five-year Major Conditions Strategy which lists cancer as one of six major conditions. Others include cardiovascular disease and mental health. Despite the Government's statement that early diagnosis ‘needs to continue to be at the heart of our plans for cancer’, the situation is undoubtedly concerning.
A clear and funded plan to improve cancer services, waiting times and screening, appears vital to help prevent delays in diagnosis, including those due to negligence. Any initiative should, in my view, encompass ongoing training and updates for doctors as well as the evolution and updating of referral guidelines.
Do I have a claim?
To prove a claim for delayed diagnosis of cancer it must be established that the delay was the result of care being provided below a reasonable standard and that this altered the outcome. For example, with earlier diagnosis, treatment would have led to a better result. We are specialists in these types of claims which can be complicated and sometimes difficult to prove. We work with leading oncologists and other experts to obtain the best outcomes for our clients.
Cases we have acted in
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FURTHER INFORMATION
If you would like any further information or advice about the topic discussed in this blog, please contact our Medical Negligence and Personal Injury team.
Medical Negligence and Personal Injury Team
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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