Delays in Diagnosing Cancer Claims - The Essentials
Cancer remains the leading cause of death for both men and women in England and Wales.
Recent years have seen several published articles which suggest that cancer survival in the UK is the worst anywhere in Europe and that late diagnosis of cancers in the UK may explain the poor survival rates compared with other countries. It is not surprising against this background that delayed cancer diagnosis claims are on the rise.
These cases are legally and often factually complex, and hugely emotive. Errors in managing these cases can not only be costly financially but emotionally for client and lawyer alike. They require careful and sensitive handling.
This course is aimed at those with little or no previous knowledge of this area of law.
What You Will Learn
This course will cover the following:
- The history of delayed diagnosis - media, data and the use of recently introduced league tables and voluntary audits
- Initial review of a potential claim - how to prioritise and manage evidence before instructing experts. What are the key questions that need to be asked and in what order?
- Using the NICE guidelines from a legal perspective, utilising changes between older and newer versions of the guidance, and thinking creatively about using other available sources of information and relative risk ratios
- Differences in management between different types of cancer
- Selecting, ordering and instructing experts, and the MDT structure
- Factual causation - which questions to ask and how to get the best answers
- Cancer staging and traps for the unwary - the risks of back extrapolation and how to assess expert data on growth rates and life expectancy
- Legal causation - the range of tests available and how to apply them in practise
- Dealing with the prospects of survival - Gregg v Scott and alternative mechanisms of assessment
- Material contribution - the future?
- Managing clients who are seriously ill, dying or bereaved
- When and how to frame and bring the claim - especially where there is an early prospect of death - interim payments, periodical payments, living PI claims v FAA claims
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme