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Why does software ownership matter? Six key legal takeaways for tech businesses
Christopher Perrin
Skin cancers are rising rapidly and melanoma is now at the highest level in the UK since records began. A delay in diagnosis, or misdiagnosis, can have a devastating impact. Early diagnosis is essential. Here I look at some of the difficulties, when there may be a claim for medical negligence, as well as the roll out of promising new technologies.
Melanoma has been called ‘the most serious skin cancer’ because of its tendency to spread. It is usually caused by ultraviolet light (from the sun or sun beds). According to Cancer Research UK, melanoma is the fifth most common in Britain, with 86 percent of cases being preventable.
Melanoma develops when there is a mutation within cells called melanocytes which allows the cell to grow and divide more quickly than normal. Without diagnosis and treatment melanoma will grow and spread through the layers of the skin, eventually coming into contact with lymph and blood vessels. Thereafter it can spread throughout the body most commonly to the liver, lungs, bones or brain.
At this point the condition is known as stage 4 or metastatic melanoma and it is notoriously difficult to treat.
The main symptoms of melanoma are a new mole or a change in an existing one such as a change in size, shape or the development of itching or bleeding.
Cancer Research UK says that cases of melanoma have more than doubled since the early 1990s and are still rising, with a potential increase of 50 percent over the next 20 years. However, deaths are decreasing with early diagnosis and treatment being key.
Rising rates in those aged over 55 are likely to be linked to past trends for tanning and the cheap package holiday boom dating from the 1960s - before people became more aware of skin cancer.
Furthermore, according to Melanoma UK, the number of cases diagnosed in young people is disproportionately high, being one of the most common cancers among those aged 15 to 34.
With cases so significantly on the rise, the importance of early diagnosis is paramount. At Kingsley Napley we help clients who were not diagnosed at the right time or did not get the right treatment. Delays in diagnosis of cancer are unfortunately a common cause of negligence claims.
Regarding the current landscape of skin cancer cases, it has been found that healthcare restrictions during the pandemic have led to delays in treatment and diagnosis. An article in the BMJ explains that the reasons for the problems include ‘limitations of diagnostic capacities and delays in referring patients’.
In terms of melanoma, many legal claims are against GPs for failures to recognise potential cancer and make a suitable referral. Where there are signs and symptoms, it is incumbent upon a doctor to consider the possibility of melanoma and carry out an appropriate assessment. If a doctor suspects melanoma or if the nature of the skin lesion is uncertain, National Institute for Health and Care Excellence (NICE) provide guidelines for when to make an urgent referral to see a specialist within two weeks.
Melanomas can arise on any part of the body and cases for delays in diagnosis can occur from presentations which are more unusual such as an eye melanoma or subungual melanoma (cancer in the skin under a nail).
Melanoma can be a challenging diagnosis as skin lesions can be variable and can look benign initially. There may also be a risk in a young patient of a doctor having a lower threshold for suspecting cancer.
At Kingsley Napley, we are always interested in innovations and changes in technology that may have positive impacts on our clients and in turn for the future of healthcare. It has recently been announced by NHS England that this month should see ‘teledermatology’ rolled out to all areas of England. This is where high spec images are taken of spots, moles or skin lesions through a dermatascope – a small lense the size of a 50p piece that can be attached to a smart phone camera.
It is said this technology will enable specialist dermatologists to double the number of patients they can see in a day. The use of dermatascopes to take photos is also being expanded across GP Practices. This should support those living in more rural communities to get a quicker diagnosis without having to travel for specialist appointments.
If you are concerned about the medical care you have received around skin cancer please contact us to discuss if you have a claim. As specialist lawyers in this area, the team here at Kingsley Napley help many clients get the compensation they deserve when there has been a delay in diagnosis of cancer.
If you have any questions regarding this blog, please contact Andrea Wadden in our Medical Negligence and Personal Injury team.
Andrea is an Associate in the Medical Negligence Department.
She qualified as a solicitor in 2023 and then joined Kingsley Napley. She has experience in both medical negligence and personal injury claims having worked at a national law firm in Birmingham for five years. She has undertaken work with clients who have sustained a variety of injuries including brain injuries, birth injuries and orthopaedic injuries.
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.
or call 020 7814 1200
Christopher Perrin
Kirsty Cook
Waqar Shah
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