If you would like to find out more about any of our practice areas or barristers please get in touch here. Our experienced practice management team will be pleased to provide you with more details and answer any questions you may have.
1 in 2 people will get cancer in their lifetime – and there are around 1,000 new cancer diagnoses every day in the UK. While most people will have positive experiences of their treatment, the sad reality is that there are many avoidable deaths every year as a result of delayed or wrongly diagnosed cancer.
Our clinical negligence barristers have extensive experience of cancer misdiagnosis cases – acting for both patients and their families on the claimant side, and for hospitals and doctors on the defendant side. We also have a niche practice in acting in a small but significant number of cases where people without cancer are wrongly diagnosed as having it – which can lead to life-changing treatment and physical and psychological consequences.
Our experience and empathy helps clients to navigate the significant personal and emotional demands of cancer misdiagnosis cases, as well as the more technical aspects of litigation.
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  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  EWCA Civ 883, a landmark Court of Appeal case on causation by ‘material contribution’, and Younas v Dr Okeahialam  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.
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