This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Throat Cancer Medical Negligence Claims
Last Updated on May 22, 2025 by tanya
Throat Cancer Medical Negligence Claims
Red Flags For Delayed or Missed Diagnosis
Missed diagnoses may lead to throat cancer medical negligence claims as early diagnosis and treatment of cancer is key to a patient’s prognosis. According to Cancer Research UK, throat cancers may be in one of two main areas – the pharynx, or head and neck.
A prompt diagnosis allows for more treatment options, including less invasive surgery and radiation. A delayed or missed diagnosis may happen due to different reasons, such as mistaking symptoms for a minor illness or misinterpreting scans.
If you have received a misdiagnosis or delayed diagnosis of throat cancer, you may be entitled to file a clinical negligence claim. If you want to find out more about starting a claim for compensation, First Personal Injury can help. We partner with lawyers who work on a ‘No Win, No Fee’ basis.
Red Flags for Throat Cancer
Awareness of the warning signs of throat cancer is the first step to ensuring timely medical intervention. Early detection is essential. Unfortunately, throat cancer symptoms can be mistaken for less serious conditions, such as sore throat, acid reflux, or even allergies.
The following symptoms should prompt urgent referral to an ENT (Ear, Nose, and Throat) specialist:
- A sore throat lasting more than three weeks
- Hoarseness or voice changes
- Difficulty swallowing
- Unexplained weight loss
- Persistent cough
- Lump in the neck
- Ear pain
- Breathing difficulties
- Blood in saliva or phlegm
If a GP or healthcare provider fails to act on these red flags, a delay in diagnosis can lead to the cancer progressing to a more advanced stage. This especially applies to high risk patients such as smokers, alcohol consumer and those with HPV).
What Is a Missed or Delayed Diagnosis?
A missed diagnosis occurs when a healthcare provider fails to identify throat cancer altogether. A delayed diagnosis happens when cancer is eventually diagnosed but later than it should have been, resulting in unnecessary suffering or a worse prognosis.
Common causes of missed or delayed diagnosis include:
- Failure to refer a patient for further investigation
- Misinterpreting test results or scans
- Mistaking cancer symptoms for a minor illness
- Delays in biopsy, MRI, or CT scan
- Lack of communication between departments
Such delays may potentially lead to more aggressive treatments, reduced survival rates, and a lower quality of life.
When Can You File a Clinical Negligence Claim?
If you believe your diagnosis of throat cancer was delayed or missed due to substandard care, you may have grounds for a claim. However, it is not enough that a mistake was made. You will have to show that he treatment fell below the acceptable standard of care, and you must have suffered harm as a result.
Therefore, to bring a successful claim, you will need to prove:
- Duty of Care – That the healthcare provider owed you a legal duty.
- Breach of Duty – That they failed to meet the standard expected of a competent professional.
- Causation – That this failure directly caused or contributed to your injury or worsened your condition.
- Damage – That you suffered actual harm, such as worsened prognosis, additional treatment, or loss of income.
Time Limits for Filing a Clinical Negligence Claim
You have three years to file a claim for medical negligence. This period starts from:
- The date of the negligent treatment; or
- The date you became aware that negligence may have occurred.
There are exceptions:
- Children: The three-year time limit begins on their 18th birthday.
- Mental incapacity: No time limit applies until the individual regains capacity.
Due to the fact that the time limits can be strict, it’s advisable to seek legal advice as soon as you suspect negligence.
Compensation for Throat Cancer Misdiagnosis
Compensation aims to put the injured party in the position they would have been in had the negligence not occurred (as far as possible). You may be entitled to claim for:
- Pain and suffering
- Loss of earnings (past and future)
- Medical expenses (e.g. private treatment, therapies)
- Care and assistance
- Travel costs
- Psychological trauma
Each case is unique. The amount of compensation awarded will depend on the severity of the condition, the level of harm suffered, and the impact on your life and livelihood.
Steps to File a Clinical Negligence Claim
Seek Legal Advice – Give us a call as we work with experienced solicitors who can assess your case and take it forward with the support you need.
Gather Medical Records – Your legal team will request your full medical history and diagnostic records.
Expert Medical Opinion – Independent medical experts will assess whether the care provided was negligent. Your lawyer will help you with this.
Many claims are funded on a No Win, No Fee basis, meaning there is no financial risk to the claimant. Many cases are also settled out of court and your lawyer will negotiate the best settlement for you.
We can guide you through the process to get the compensation you deserve. We work with experienced lawyers who work on a ‘No Win, No Fee’ basis. Call us at 0333 358 2345 or contact us online for a free consultation.
This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.