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Misdiagnosis of Cancer

Q: What is the time limit to make a medical negligence claim?

There are strict guidelines regarding the time limit of making a medical negligence claim dependant on the circumstances of your case. If you would like to find out straight away if you can still make a claim call our team on 0800 298 9690 or fill in the Claim now form to the right of this screen and someone will call you back.

Alternatively click here to read our guidance sheet on the time limits of making a medical negligence claim.

Q: What do you need to prove misdiagnosis of cancer and medical negligence?

There was a House of Lords case, Gregg –v- Scott, which now means that you have to prove that negligent diagnosis was the cause of the problems you have experienced. If the misdiagnosis simply increased the chance of further problems it might not be enough to enable you to make a medical negligence claim.

Q: What if the person misdiagnosed has died?

In terms of Limitation, the Limitation Act 1980 states that a person must bring a claim within three years of the date that they knew or ought to have known that they had a claim for clinical negligence. Therefore if the deceased knew of their condition 3 years prior to their death then that means the primary limitation period has expired and the claim may be statute barred.

If the claim can proceed then there are two Statutes that we would be able to recover damages under:

If you feel that you could have been misdiagnosed with cancer as a result of medical negligence call our medical negligence solicitors on 0800 298 9690 or alternatively fill in the claim now form to the right of this screen and we will call you back.


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