Am I entitled to make a claim for gynaecologist negligence for a failure to diagnose a tumour? I visited the same gynaecologist twice and it was only when I saw a specialist that the tumour was diagnosed.
A failure to diagnose cancer – or the misdiagnosis of cancer – could give you grounds to make a claim for gynaecologist negligence. When cancer is diagnosed in the early stages of development the probability of a full recovery being made is at its greatest. As the disease progresses it becomes more difficult to cure, and may require more invasive treatments which can cause significant pain and suffering.
There are a number of factors that must be considered before eligibility to claim for a failure to diagnose cancer can be established or if the misdiagnosis of cancer constituted medical negligence. Even if it is proven that the gynaecologist was negligent for failing to identify a tumour, it may not be possible to make a gynaecologist negligence injury claim.
Only if the disease had been allowed to progress and there was a significant deterioration in your health as a result of the delay in the diagnosis of the disease would you be entitled to claim compensation for gynaecologist negligence. In such cases, compensation claims could be made for the deterioration in the condition that had been allowed, provided that the early treatment of the cancer would have improved the probability of recovery.
To find out if you are entitled to make a claim for gynaecologist negligence you should speak with a specialist medical negligence solicitor. You should explain the reason why you visited the gynaecologist, whether you were experiencing any symptoms of cancer or pain and discomfort.
You should explain what your gynaecologist told you, why you were recommended to see a specialist and the diagnosis you finally received. Timescales are important when assessing whether a gynaecologist negligence injury claim is possible, so if you will need to notify the solicitor about when you first sought medical attention and when the diagnosis of your condition was finally made. A medical negligence solicitor should be able to give you an indication of whether a claim is possible, although this will not be confirmed until a full investigation of your case has been conducted.
Once your claim has been investigated and evidence of negligence has been collected to support your case, it will be necessary for your case to be reviewed by a medical expert. It must be established that a competent gynaecologist of similar standing would have been able to identify the tumour under the same set of circumstances, or would at least have arranged for you to see a specialist or undergo further medical tests to aid with the diagnosis.
Once the review of your case has been completed your solicitor will confirm whether a claim for compensation for gynaecologist negligence is possible, and the amount of compensation that you should be entitled to claim will then be calculated.