Compensation for Delayed Cancer Diagnosis
A new report by The Health Foundation, as reported by the BBC, has analysed the current state of cancer diagnosis in comparison with the situation in 2000 when the government launched the NHS Cancer Plan aiming to improve cancer care in the UK.
Comparing rates of survival in the UK with other countries worldwide, the report has assessed the level of progress made since 2000 and considers contributory factors.
Context
Research has consistently demonstrated that early diagnosis is likely to lead to a better long-term outcome and yet 20% of cancers are diagnosed as emergencies at Accident & Emergency units.
The new report stated that 10,000 lives could be saved each year if levels of early diagnosis were improved.
Report findings
The report observed that, whilst there has been improvement in the UK's diagnosis rates, we are still lagging behind other comparable countries who have also continued to improve.
The percentage of people diagnosed with cancer in the UK who survive for more than 50 years has increased from less than 45% in 2000 to more than 50%.
However, the UK consistently under-performs in comparison with Denmark, Sweden, Canada, Australia and Norway with regard to colon cancer, cancer of the rectum, ovarian cancer, lung cancer and breast cancer. For example, there is a 60% survival rate for patients with colon cancer in the UK whereas in Australia there is a 71% survival rate.
Causes of delayed cancer diagnosis
The explanations suggested for why this disparity continues focus on a combination of funding issues, recruitment and staffing issues and government policy failings.
- A shortage of diagnostic equipment means an increase in the waiting time from referral to diagnosis of cancer. The report noted that the UK ranks 35th out of 37 countries for CT scanner and 31st out of 36 for MRI scanners'.
- Staff shortages are also a contributing factor where there are insufficient staff to operate the scanners and to report on the results. Only three months ago the BBC reported that there are currently over 100,000 staff vacancies in healthcare services, including over 40,000 nursing vacancies.
- The Times reported earlier this year that around 300,000 scans remained unassessed across the UK
- Increasing demand is also combined with the above factors is also adding to the delays with GPs coming under pressure not to refer too many patients for scans according to the new report
- The report also described the 2012 Health and Care Act as having had a detrimental impact on the speed of cancer diagnosis with the scrapping of regional cancer specialist groups.
Case studies of delayed diagnosis
In some cases, we have found that diagnosis has also been delayed due to a failure on the part of the GP to recognise that the patient may be exhibiting cancer symptoms:
- One client was told that his symptoms were caused by stress when, in fact, he was suffering with rectal cancer
- Two surgeons told a client that he did not have cancer when he actually had a large tumour, the removal of which has left him with significant disability
- Clients have been told that they had urinary tract infections when, had they been referred as necessary, it would have shown that they were suffering with bladder cancer
Another client was referred urgently by his GP but his blood tests and endoscopy failed to show the bowel cancer which was causing his symptoms.
Where it can be shown that the delay in diagnosis and subsequent delay in treatment have caused the patient to suffer a significantly worse, long-term outcome, it may be appropriate to make a claim for compensation.
Bowel Cancer
The Health Foundation report highlights bowel cancer as an example of the need for urgency when diagnosing this terrible disease. It states that, if bowel cancer is diagnosed promptly, the 5-year survival rate is over 90% but if diagnosis is delayed that percentage drops to only 10%.
Medical negligence
If you or a loved one are suffering from the severe impact of a delay in diagnosing cancer, contact us to talk to a specialist medical negligence solicitor.
We have supported numerous clients whose lives have been devastated by a delayed cancer diagnosis and we would be happy to advise you.
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