A 20 year old man was compensated for a misdiagnosed bladder tumour. It caused permanent disability which meant he would never work. He was awarded:
Finding out you have any form of cancer can be a very difficult, but if you suspect that you have had poor treatment leading up to your diagnosis or delayed treatment afterwards it can be even more difficult to bear.
If you’ve been affected by a late bladder cancer diagnosis or another form of medical negligence we can help you. If those responsible for your care failed to provide you with appropriate treatment, you may be able to bring a claim for misdiagnosis or delayed diagnosis. We know that financial compensation cannot undo the harm you have experienced but it can help you to recover without worrying about financial obligations. If you’re looking for answers about what went wrong and why you were let down, a bladder cancer misdiagnosis investigation it can help.
Here at Your Legal Friend, we’ve supported those that have been affected by medical negligence, helping them to secure the compensation and justice that they deserve. Our experienced team of specialist medical negligence lawyers will be on your side and on hand every step of the way, from initially talking about your potential claim to representing you in court if necessary.
If you would like to make a medical claim after suffering from misdiagnosis you must do so within a 3-year period.
The starting point of this timeframe is the ‘date of knowledge’, referring to the point that you first realised you had been misdiagnosed or received a level of care that was below standards. In the case of bladder cancer misdiagnosis claims, this can sometimes occur long after you first visited your GP with concerns and you may even have already started treatment. For this reason, calculating when the ‘date of knowledge’ occurred can be difficult. If you’re unsure whether you can still make a claim following misdiagnosed bladder cancer, we can help you.
Even though you have 3 years to make a medical negligence claim in Court, we recommend that you start the process sooner rather than later. Not only does this mean that it will be concluded quicker too, it can make the process smoother. To support your claim, we will gather evidence, such as a witness statement from yourself and medical records, and this is often a simpler and swifter task when done closer to the ‘date of knowledge’.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
Throughout your claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
Our medical negligence team has years of experience working on a wide variety of cancer negligence cases so we understand just how difficult a decision it can be to bring a bladder cancer negligence case.
That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
Our bladder cancer negligence team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value bladder cancer negligence cases.
Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.
Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.
Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
Pay nothing if you lose your case, get maximum compensation if you win
Whatever the nature of your bladder cancer negligence claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard bladder cancer negligence claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.
We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.
You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery. You may also need to return to work as soon as it’s safe to do so.
You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury. To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.
We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.
The value of your claim comprises:
You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.
If you’ve been affected by misdiagnosis when you were suffering with bladder cancer you may be able to make a claim for compensation. In order to be successful, you will need to demonstrate that medical professionals failed t o provide you with the proper treatment and as a result you have had a worse outcome.
Successful bladder cancer misdiagnosis claims can be based on many factors, for instance:
If you’re unsure whether you have medical negligence claim for delay in bladder cancer diagnosis, you can contact us to discuss your experiences.
The amount of compensation you could receive varies. The final amount depends upon your personal circumstances, that is how you have been affected physically and emotionally by the negligence and what financial losses you have experienced in the past and what the future will hold for you and your family
Delay in bladder cancer diagnosis claims can also involve other factors when calculating the value, including loss of income, travel expenses, and additional medical costs.
It’s not possible to value your claim without fully understanding your circumstances and how it has affected you, but we will talk to you about this and give you the best advice that we can as your case progresses.
If you would like to bring a misdiagnosis for bladder cancer claim forward, there is a time limit that you must be aware of. The time limit starts from the ‘date of knowledge’ and gives patients that have been affected three years to hold those responsible to account.
The term ‘date of knowledge’ can make it difficult to understand whether some claims fall within the specified timeframe. The term refers to the point that you first realised that a misdiagnosis or delayed diagnosis had occurred. In some cases, this can be sometime after you first visited your GP with concerns. If you’re unsure whether you have a claim that you can take forward, speaking to our team can help you understand and pinpoint the ‘date of knowledge’. In most cancer cases it is the date of diagnosis.
While you do have up to 3 years to make a compensation claim in Court, we recommend that you start the process as soon as possible. While we know bladder cancer misdiagnosis compensation claims are often the last thing on patients’ minds, it can help the process. Closer to the ‘date of knowledge’ it’s easier for those affected to recall details, such as the severity of symptoms or how a doctor responded. Evidence used to support your case, such as medical records and witness statements, are also often easier to obtain if the process starts sooner.
All types of cancer are the result of cells growing abnormally and creating masses known as tumours. In the case of bladder cancer, the cells that initially began acting differently are from the bladder lining, which can then spread to affect the surrounding muscles and other parts of the body.
In the UK, around 10,400 people are diagnosed with bladder cancer every year, making it the 7th most common cancer in the country. There are numerous causes and risk factors associated with the disease. Among factors that have been linked to increasing the risk of developing bladder cancer are:
Other factors have also been associated with bladder cancer but the research supporting these links have less evidence and are present in fewer cases. These include:
The most common bladder cancer symptom is blood in the urine. It’s often the bladder cancer sign that patients first notice. The symptom isn’t usually associated with pain and it may come and go or may not always be noticeable. Around 80% of people will bladder cancer have some blood in their urine, even if it isn’t always visible.
Other signs of bladder cancer are less common but include:
In some cases it is possible for the early signs of bladder cancer to be missed and the NHS recommends making a GP appointment if you ever have blood in your urine. However, in most cases blood being present signals another condition, such as a UTI or kidney stones, rather than bladder cancer.
As the cancer develops and begins to spread beyond the bladder lining other symptoms may become present, including:
The first step to a bladder cancer diagnosis is often an appointment with a GP. Your doctor should speak with you about your symptoms, family history, and exposure to possible risk factors. It’s likely they will also ask you for a urine sample that can be further tested for abnormal cells. If your doctor believes you have bladder cancer you will be referred for further testing at a hospital.
The NHS has guidelines to outline how quickly patients should be referred if a doctor suspects bladder cancer. In some cases this should be as quickly as 2 weeks. There are several ways health professionals can obtain a bladder cancer diagnosis. In most cases you will be offered a cystoscopy first. This is where a specialist examines the inside of the bladder by passing a cystoscope through the urethra.
If further examination is needed or abnormalities have been found, other tests may include:
After a diagnosis has been obtained it’s important for professionals to stage and grade the cancer. This process affects the treatment you will be offered and signals how developed the cancer is and whether it has spread to other parts of the body.
It is possible for bladder cancer misdiagnosis to occur. The typically mild symptoms of the disease means that the initial signs of bladder cancer can be associated with other conditions at first, resulting in a delay in treatment beginning. Achieving an accurate diagnosis often relies on the GP to spot the early warning signs and refer a patient for further testing.
A late bladder cancer diagnosis can have a serious impact on the treatment options available and the chances of the patient beating the disease. There are a number of conditions that bladder cancer may be misdiagnosed as, including:
All hospitals in the UK use multidisciplinary teams to treat bladder cancer. These teams contain specialists in a variety of areas who will consider your personal circumstances, from the stage of the cancer to your general health, to create a treatment plan for you. Treatment will also consider the type of bladder cancer you have. While the team will make recommendations and talk you through different options, the final decision remains with the patient.
If you’ve been diagnosed with non-muscle invasive bladder cancer, the treatment you’re recommended will depend on the risk of the cancer spreading or returning following treatment. Treatment for non-muscle invasive bladder cancer may include:
Again, the treatment for muscle-invasive bladder cancer will depend on your personal situation, including how far the cancer has spread. Treatment will aim to cure the condition where possible but if this isn’t the case it will aim to control the cancer and relieve symptoms. Treatment options include:
There are several different types of bladder cancer. The type of cancer indicates the type of cells and where the cancer first began to develop. The type of cancer diagnosed can have an impact on the treatment that is recommended for a patient.
The most common form of bladder cancer in the UK is transitional cell bladder cancer. Around 90% of all bladder cancers are this type, sometimes referred to as urothelial cancer, and it’s starts if the cells of the bladder lining. Transitional cell cancer are split into a further two categories – non-muscle invasive bladder cancer and invasive bladder cancer – and the treatment for the two is very different.
Other forms of bladder cancer include:
There are other forms of bladder cancers but these are rare. It’s also possible for cancers that started in other parts of the body, such as the prostate or cervix, to spread to the bladder, these are known as secondary cancers.
In the UK, there are around 10,000 new cases of bladder cancer each year and in 2014 5,369 patients died due to the disease. In total half of those diagnosed with bladder cancer survive for 10 years of more and 72% survive their diagnosis by more than a year but the survival rate varies depending on many different factors.
Cancer Research UK explains that it’s difficult to interpret bladder cancer statistics because of the changes in classification and coding practices. However, the figures show that when diagnosed at the earliest stage more than 8 in 10 people with bladder cancer survive their disease by five years or more. If the cancer isn’t diagnosed until the last stage, then just 1 in 10 people outlive their diagnosis by more than 5 years. Age also has an impact, with those that are younger more likely to beat the disease and the survival rate is higher in men than women.