Personal Injury
Cancer Claims Lawyers

Cancer claims that may qualify for compensation include:

• Failure to diagnose cancer at the correct time resulting in advancement, the need for invasive treatments and a reduced life expectancy
• Misinterpretation of screening tests, biopsies, or imaging studies
• Failure to order appropriate investigations for concerning signs and symptoms
• Failure to refer to specialists for further investigations
• Surgical errors during cancer treatment procedures
• Chemotherapy or radiation therapy errors
• Inadequate follow-up care and monitoring allowing cancer recurrence

The most common cancer negligence claims involve diagnostic delays, where earlier detection would have significantly improved treatment outcomes and survival prospects.

At Stacks Goudkamp, our experienced cancer claim lawyers work with oncology experts to carefully assess whether delays or errors in your cancer care constituted negligence that affected your prognosis.

Proving negligent delayed cancer diagnosis requires establishing:

• You presented with symptoms that warranted investigation for suspected cancer
• A reasonable doctor would have diagnosed the cancer earlier with appropriate investigation
• The delay in diagnosis was unreasonable given your symptoms and risk factors
• The delay resulted in a worse outcome than would have occurred with earlier diagnosis

We gather evidence from various sources, including:

• Complete medical records showing the timeline of consultations and investigations
• Pathology reports and imaging studies with their interpretation dates
• Expert opinions from independent specialists, surgeons and oncologists
• Medical literature on diagnostic timeframes for your type of cancer
• Evidence of standard screening protocols and guidelines
• Documentation of symptoms reported and healthcare provider responses

The key issue is often whether your symptoms or test results should have prompted earlier action. Cancer cases require detailed analysis of what a reasonable doctor would have done in your circumstances.

At Stacks Goudkamp, we work with leading medical experts who can determine whether delays in your cancer diagnosis fell below acceptable medical standards.

The significance of a delay in cancer diagnosis depends on several factors:

Type of cancer: Aggressive cancers may progress rapidly, making even short delays significant, while slow-growing cancers may tolerate longer diagnostic periods.

Stage at eventual diagnosis: Delays that allow cancer to progress from early treatable stages to advanced stages are typically more significant.

Treatment options affected: Delays that eliminate curative treatment options or require more aggressive treatment are generally significant.

Survival impact: Delays that demonstrably reduce survival prospects or life expectancy are highly significant.

Symptom presentation: The clearer and more concerning the initial symptoms, the less delay is considered acceptable.

Examples of potentially significant delays:

• Breast lumps not investigated for months
• Abnormal screening test results not followed up
• Visible skin changes not biopsied appropriately
• Blood in urine or stool not investigated thoroughly

At Stacks Goudkamp, we work with oncology experts to assess whether any delay in your case was significant enough to affect your outcome and constitute negligence.

• Pain and suffering and loss of enjoyment of life
• Past and future medical expenses, including additional treatment required due to delayed diagnosis
• Past and future loss of income and earning capacity
• Loss of superannuation and career opportunities
• Care and assistance needs during treatment and recovery
• Travel expenses for specialist treatment
• Home modifications if disability results from treatment
• Psychological counselling for cancer-related trauma
• Loss of life expectancy (in cases where prognosis is significantly worsened)

• Eliminate curative treatment options
• Require more aggressive and debilitating treatment
• Significantly reduce life expectancy
• Cause psychological trauma from knowing the cancer could have been caught earlier

• 3 years from when you discovered the cause of action
• A maximum of 12 years from when the negligent delay occurred, regardless of when you discovered the negligence

• You suffered harm due to the delayed diagnosis
• The delay was caused by medical negligence
• The harm was serious enough to justify making a claim

You may still have a valid claim even if your cancer has an unknown prognosis, provided the delayed diagnosis altered your survival statistics sufficiently. Compensation may be available for:

• Reduced quality of life during the delay period
• More aggressive treatment required due to advanced staging
• Reduced treatment options available
• Shorter overall survival time
• Loss of chance for better outcomes
• Additional pain and suffering from disease progression
• Psychological trauma from learning the cancer could have been caught earlier

Medical negligence law recognises delays depriving patients of better odds of survival or less invasive treatment, even when the overall prognosis remains uncertain.

The key question is whether earlier diagnosis would have provided any real benefit, including less aggressive treatment, sufficiently greater survival, or better quality of life during treatment.

At Stacks Goudkamp, we work with oncology experts to assess how delayed diagnosis affected your specific case, even when dealing with aggressive or advanced cancers.

Yes, cancer negligence claims can involve both diagnostic delays and treatment errors, including:

Treatment Errors:

• Surgical errors during cancer removal procedures
• Incorrect chemotherapy dosing or drug selection
• Radiation therapy targeting errors
• Failure to monitor treatment complications
• Inappropriate treatment decisions
• Inadequate follow-up care

Combined Claims:

• Diagnostic delay followed by negligent treatment
• Failure to diagnose treatment complications
• Inadequate monitoring during treatment leading to preventable harm

Cancer treatment is complex and involves multiple healthcare providers, creating various opportunities for negligence. Each aspect of your cancer care is assessed separately for potential negligence.

At Stacks Goudkamp, we thoroughly investigate all aspects of your cancer journey to identify any negligence in diagnosis, treatment, or follow-up care.

• Tumour doubling time calculations
• Staging progression models
• Published survival data for your cancer type
• Treatment efficacy studies
• Individual prognostic factors

• Your current life expectancy and whether proceedings need to be expedited
• The complexity of establishing when cancer should have been diagnosed
• Whether liability is disputed by healthcare providers
• The need for multiple expert opinions from oncology specialists
• The time required to determine long-term prognosis
• The complexity of calculating loss of life expectancy
• Court schedules if litigation becomes necessary

• Detailed analysis of tumour biology and progression
• Complex statistical analysis of survival impacts
• Multiple specialist expert opinions
• Careful assessment of ongoing treatment needs

• You pay no upfront legal costs
• We fund all expenses during your claim, including expert oncology reports, which can be costly
• Legal fees to us are only payable if your claim is successful
• A percentage of your legal costs will be recovered from the insurer if your claim succeeds