Blood Cancer Symptoms and Delayed Diagnosis: When Could It Be Clinical Negligence?
September is Blood Cancer Awareness Month, an important opportunity to raise awareness of blood cancers, their symptoms and the importance of timely diagnosis.
Blood cancer includes more than 100 different types, with leukaemia, lymphoma and myeloma among the best-known. Because many blood cancer symptoms can be vague or resemble other less serious conditions, reaching the correct diagnosis can sometimes be challenging.
However, when a healthcare professional fails to recognise important symptoms, does not appropriately investigate abnormal test results, or delays a necessary referral, the consequences can be serious.
At Phoenix Legal Solicitors, we understand that a delayed diagnosis of cancer can be devastating for patients and their families. In some circumstances, a delay may amount to clinical negligence.
Why Is Early Diagnosis of Blood Cancer Important?
Blood Cancer UK reports that around 31% of people with blood cancer have to visit their GP three or more times before receiving a diagnosis. It also reports that almost 30% of people with blood cancer in England and Northern Ireland are diagnosed after presenting to hospital as an emergency.
What Are the Symptoms of Blood Cancer?
Blood cancers can be particularly difficult to identify because their symptoms are not always specific.
For example, symptoms may include:
- Persistent or unexplained fatigue
- Unexplained weight loss
- Recurrent or persistent infections
- Unexplained bruising or bleeding
- Breathlessness
- Swollen lymph nodes or unexplained lumps
- Night sweats or fever
- Bone or joint pain
- Pale skin
- Abdominal discomfort or swelling
The symptoms can vary significantly depending on the type of blood cancer. NHS guidance identifies painless swollen lymph nodes, night sweats, breathlessness and unexplained weight loss among symptoms associated with lymphoma, while symptoms of myeloma can include persistent bone pain, fatigue, breathlessness and unexplained weight loss.
Having one or more of these symptoms does not mean that someone has blood cancer, as many have other causes. However, persistent, unexplained or worsening symptoms should be appropriately assessed.
When Might a Delayed Diagnosis Be Clinical Negligence?
A delay in diagnosing blood cancer is not automatically negligence.
Healthcare professionals are not expected to diagnose every illness immediately, particularly where symptoms are non-specific. However, doctors and other healthcare professionals have a duty to provide care to an appropriate professional standard.
A clinical negligence claim may arise where the care provided falls below the required standard and this causes additional injury or harm.
In a delayed diagnosis case, this might involve circumstances such as:
1. Failure to Investigate Concerning Symptoms
A patient may repeatedly report symptoms such as unexplained fatigue, weight loss, recurrent infections, bruising or persistent pain, but the possibility of a serious underlying condition may not be adequately investigated.
2. Failure to Act on Abnormal Blood Test Results
Blood cancers can sometimes be identified or suspected following abnormal blood results.
If significant abnormalities are not appropriately reviewed, followed up or investigated, this may result in a diagnosis being delayed.
The Parliamentary and Health Service Ombudsman has previously examined a case involving missed opportunities to diagnose leukaemia sooner, where abnormal blood test results were not appropriately acted upon.
3. Delays in Referral
Where a patient’s symptoms or test results warrant further investigation or specialist assessment, an inappropriate delay in referral may have serious consequences.
NHS guidance confirms that patients with symptoms that could indicate cancer may require urgent referral for further investigation.
4. Failure to Recognise a Developing Pattern of Symptoms
Individual symptoms can appear relatively non-specific. However, a patient’s medical history may reveal a pattern that warrants further investigation.
For example, repeated consultations for unexplained fatigue, infections, weight loss or bruising may provide important information that should be considered alongside examination findings and test results.
What Harm Can a Delayed Blood Cancer Diagnosis Cause?
The consequences of delayed diagnosis can be profound.
Blood Cancer UK has highlighted concerns that delays can result in fewer treatment options, poorer quality of life and potentially reduced life expectancy.
A delay can sometimes mean that a cancer progresses before treatment begins. It may also result in a patient requiring more intensive treatment, experiencing avoidable complications or suffering additional physical and psychological harm.
Importantly, however, not every delay will have changed the outcome.
This is why medical evidence is so important in a clinical negligence claim.
What Needs to Be Proved in a Delayed Diagnosis Claim?
Generally, a successful clinical negligence claim requires evidence of both breach of duty and causation.
In simple terms, it is necessary to establish that:
- The healthcare professional owed the patient a duty of care.
- The standard of care fell below what could reasonably be expected.
- This breach caused or materially contributed to the injury or loss suffered.
It is important to understand that both breach of duty and causation must be established for compensation to be awarded. In particular, it must be shown that the harm suffered was linked to the failure to provide appropriate care and that the outcome would probably have been different, or less severe, if appropriate treatment had been provided.
In a delayed blood cancer diagnosis claim, this can involve detailed review of the patient’s medical records and independent expert medical evidence.
For example, experts may need to consider questions such as:
- Should blood tests or other investigations have been arranged sooner?
- Should the patient have been referred to a specialist?
- Should abnormal results have been acted upon?
- When should the cancer reasonably have been diagnosed?
- Would an earlier diagnosis probably have resulted in earlier treatment?
- Would earlier treatment have changed the patient’s prognosis or reduced the harm suffered?
What Should You Do If You Believe a Blood Cancer Diagnosis Was Delayed?
If you or a family member has been diagnosed with blood cancer and you are concerned that there was an unreasonable delay in diagnosis, it may be appropriate to seek independent legal advice.
You may wish to consider obtaining copies of the relevant medical records and keeping a record of appointments, symptoms, investigations, referrals and important dates.
A solicitor specialising in clinical negligence can review the circumstances of the case and advise whether there may be grounds for a claim.
It is important not to assume that a poor outcome automatically means that negligence occurred.
Blood Cancer Awareness Month: Raising Awareness
Blood Cancer Awareness Month provides an important reminder that knowing the potential signs of blood cancer matters.
It is equally important that concerns raised by patients are listened to and that potentially significant symptoms and test results are appropriately investigated.
For families affected by a blood cancer diagnosis, discovering that there may have been a missed opportunity to diagnose the condition earlier can be extremely distressing. While no legal claim can undo what has happened, a clinical negligence claim may provide compensation where negligent care has caused avoidable harm.
If you have concerns about a possible delayed diagnosis of leukaemia, lymphoma, myeloma or another blood cancer, our clinical negligence team can discuss the circumstances of your case and advise whether further investigation may be appropriate.
Contact Phoenix Legal Solicitors today for free confidential advice.
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