Cancer Misdiagnosis

Just as cancer comes in many forms so, unfortunately, does its misdiagnosis.  Our experience in clinical negligence claims more generally – in cases involving GPs, pathologists, dermatologists, respiratory physicians, urologists, gynaecologists, orthopaedic surgeons, and many other medical specialities – makes us well-placed to address breach of duty.  

Our barristers have featured in reported cases (and numerous settlements) on breach of duty, such as Muller v King’s College Hospital NHS Foundation Trust [2017] 128 (QB), a High Court trial featuring a delayed diagnosis of skin cancer.

Causation – how a patient’s hypothetical condition and life expectancy would have been different following earlier treatment – forms a crucial part of cancer misdiagnosis cases.  Our experience in dealing with expert oncologists, and the wealth of statistical data and academic literature on cancer survival rates, helps clients to navigate this complicated but crucial field. 

Outer Temple has a very strong track record on causation, with members featuring in leading cases like Bailey v Ministry of Defence [2008] EWCA Civ 883, a landmark Court of Appeal case on causation by ‘material contribution’, and Younas v Dr Okeahialam [2019] EWHC 2502 (QB), a key High Court case on ‘claimant benevolence’ and hypothetical treatment timescales.

On quantum, our barristers have experience across the range of clinical negligence cases – from lower value to very high value, plus Fatal claims.  We can advise pragmatically and represent clients at settlement meetings and mediations, since the vast majority of cancer misdiagnosis cases are settled successfully by the parties, away from the public glare of a courtroom.