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New research suggests that UK cancer cases have risen in women but fallen in men. Women’s cancers include gynaecological cancer (i.e. cervical, ovarian and vaginal cancers) and breast cancer. Here I look at the impacts of delays in diagnosis and treatment failures, provide some guidance on bringing a medical negligence claim and consider why there is hope for the future with new technologies.
A recurring theme throughout our women’s health blog series so far has been treatment delays and waiting times. This sadly is echoed within the sphere of cancer diagnosis and treatment with recent data showing that for cancer in general, the target of 85 percent of people in England starting treatment within 62 days of an urgent referral has not been met in nearly 10 years.
Breast cancer remains the most common cancer among women in the UK. Charity Breast Cancer Now warns that thousands are still being denied timely access to care, years on from the pandemic.
Black women of Caribbean and African Descent are up to twice as likely to be diagnosed with breast cancer at a late stage, according to data published in the BMJ Open. Reasons include the greater prevalence of more aggressive tumour types among these women and lower screening uptake, in part attributed to limited knowledge of the symptoms of breast cancer. The racial disparity in breast cancer outcomes is extremely concerning. The recommendations for health professionals in the study are a welcome intervention, although we need to go much further to address these inequalities.
Negligence in breast cancer claims
Medical negligence claims for women’s cancers can arise where there has been a failure to recognise red flag symptoms by a GP (or other medical professional) and make a suitable referral. There may also be a claim where cancers or warning signs have been missed by screening technologies (such as a smear test or mammogram), not picked up on a CT or MRI scan, or where there have been failures to treat the cancer correctly.
What needs to be proved
Bringing a claim for failures in relation to cancer diagnosis and treatment requires specialist knowledge. Lawyers acting for clients in this area should have an understanding of the different types of women’s cancers, their symptoms, how they are diagnosed and potential treatments. While in order to prove a claim independent expert evidence will be needed, your lawyer should be experienced in dealing with cancer cases in order to be able to identify the key issues, locate the best experts and ask the right questions.
What has to be proven in order to be successful is essentially twofold – that the treatment received was below a reasonable standard (breach of duty) and that this caused injury (causation). Causation can be particularly tricky in cancer claims. For example, where there has been a delay in diagnosis it will be necessary to put together a timeline of what would have happened had there been a timely intervention. This may include what stage the cancer would have been at and the treatment options available in that hypothetical scenario, along with the likely outcome. This exercise can be difficult particularly given that cancer treatment varies depending on the circumstances.
Some cancers are faster growing than others and this is often a key factor when considering what difference an earlier diagnosis or alternative treatment would have made.
The amount of compensation that may be able to be claimed is dependent upon the injury and its impact in each particular case. In addition to sums for pain and suffering, claims will often include sums for care, lost earnings and treatment costs (such as private reconstructive surgery). Gynaecological cancer claims impacting fertility may include the costs of IVF or surrogacy. Many claims include compensation for psychiatric harm.
Where the negligence has affected the chance of survival there may be difficult issues to consider in regard to the value of the claim and the best time for the claim to be brought. A specialist lawyer can advise fully.
Hope for the future
There is reason for optimism in the diagnosis and treatment of women’s cancers. Currently there is a nationwide trial to test how AI tools can be used to catch breast cancer cases earlier.
According to Cancer Research UK, a breakthrough in cervical cancer treatment can now cut the risk of death by 40%. This relates to giving a short course of chemotherapy before starting standard treatment.
Research is also underway to create the world's first vaccine to prevent ovarian cancer.
Further information
If you have any questions regarding this blog, please contact Chloe Jacot in our Medical Negligence and Personal Injury team.
About the author
Chloe is an Associate in the Medical Negligence & Personal Injury team. She supports clients across of range of legal claims. She has particular experience in litigating birth and spinal 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.
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