Cancer compensation claims

If you claim compensation for harm as a result of failures in treatment or diagnosis of cancer, the amount of money you receive is made up of two elements: general damages and special damages.

General damages are guideline amounts to compensate for the pain and suffering caused and are usually adhered to quite closely.

Special damages vary greatly. The amount of special damages you receive depends partly on the solicitor you have and how thorough and specialist they are. They must consider and calculate all aspects of the costs you may incur as a result of your injury – including but not limited to ongoing medical costs, requirements for home adaptations and loss of earnings. 

It is usually the case that you have three years from the date you were aware of the negligence. In the case of children or someone with mental capacity issues, the rules are different.

If you have concerns it is always best to speak to a specialist even if you think you might have left it too late as they may still be able to help you.

A relative or loved one can bring a claim on behalf of a child or person lacking capacity to do so themselves.

If a loved one has died after failures in their cancer care it is possible for relatives, such as the parent of a child or spouse of an adult, to claim compensation. Relatives often want an explanation or apology for what happened and compensation may be awarded to help offset the financial hardship caused by a loved one’s illness and death where medical negligence was a factor.

It has been reported that as many as four in ten people with cancer in the UK are initially misdiagnosed – and one in five wait more than six months for a correct diagnosis.