Sunshine warning as solicitors settle skin cancer negligence case

Skin cancer negligence cases in the UK fall under the broader umbrella of medical negligence law. These cases typically arise when a healthcare provider fails to diagnose or treat skin cancer promptly and competently, resulting in avoidable harm to the patient.

Patients who suffer harm due to such failings may pursue a claim seeking compensation for physical, psychological, and financial losses. In other cases negligence during treatments or whilst getting a biopsy can also lead to compensation claims.

Skin cancer negligence case

In this cancer negligence claim our medical negligence solicitors were able to obtain an out of court settlement for our client of £7,500.00 when his care went wrong.

Our 86 year old client visited his doctor with a persistent lesion and fusidic cream, a topical antibiotic used to treat bacterial skin infections was prescribed.  He was referred to dermatology to check for suspected basal or squamous cell carcinoma.

At the Oldham Integrated Care Centre he underwent two punch biopsies as another lesion had been noted. Once healed very well, however, the other on the frontal scalp was painful and got infected and he had to be treated with antibiotics.  When he returned for his results he was told the wound needed a skin graft, but at the time was not informed of his diagnosis.

It was several weeks later before he was invited back and it was confirmed that he had a squamous cell carcinoma, which are usually not life-threatening however if not treated they can spread to other parts of the body.

At the time although he was told a skin graft would be taken from behind his ear when the wound was treated the surgeon merely pushed the skin together and stitched it.  Over time it became infected, it was painful and the area around it felt tight.  He was administered oral antibiotics and it took several months for the wound to heal, during this time he needed daily help from his daughter to clean it.

Delayed skin cancer diagnosis

In this case a breach of duty of care was admitted by the Northern Care Alliance NHS Foundation Trust.  The hospital did not see him under the National Institute for Health and Care Excellence Legal Framework (NICE) under which patients should be seen within two weeks as part of a suspected cancer pathway referral.  In this case it was 54 days, which falls below the standard expected.

Secondly, not all options of surgical management were documented, the benefits and risks of skin grafts, as opposed to local flap reconstruction, and the patient should have been told both options and the change in treatment was not noted.

“Our client suffered excessive pain from the wound, his sleep has been affected, he has a severely indented scalp and he continues to have numbness and altered sensations around the site of the scar and it was our case that his care fell below the standard expected of a competent professional,” said Solicitor and Head of Medical Negligence, Jacqueline White.

“Skin cancer is something which appears to be on the increase and we had dealt with many skin cancer compensation claims when care falls below the expect standards,” she added.

“As someone with fair skin I know that as we head towards the summer holidays the best advice is to cover up, stay out of the midday sun, use high factor creams and if you notice any suspect moles or skin changes then get in touch with your GP,” advised Jacqueline

Types of skin cancer negligence

• Misdiagnosis or Delayed Diagnosis: Failing to identify melanoma or other skin cancers during consultations or tests.
• Inadequate Treatment: Failure to refer to a specialist, perform biopsies, or provide timely and proper treatment.
• Failure to Inform: Not informing the patient of diagnostic results, treatment options, or risks involved.

“If you suspect you have been the victim of negligence in the first instance it necessary to prioritise your medical care and obtain second opinions if necessary. Collect evidence from your treatment such as medical records (including GP and hospital notes) including any letters, emails, and referrals, and try to create a timeline of events,” advised Jacquie.

“It is also useful to have any photographs of lesions or affected areas as these are useful towards your eventual case.  Your medical negligence solicitor needs to establish breach and causation, and in many cases will commission an independent medical expert in dermatology or oncology to assess your case and images of before, during and after are helpful,” she said.

Skin cancern negligence claims

Many claims settle out of court, but if necessary, the claim is issued in the County Court or High Court, depending on the value and complexity.

Claims must be brought within three years of the date of the alleged negligence, or the date the patient became aware (or ought reasonably to have become aware) of the injury ("date of knowledge" under the Limitation Act 1980).

Medical negligence compensation may cover: general damages for pain, suffering, and loss of amenity, in addition there are also special damages for financial losses, including lost earnings, treatment costs, travel expenses, and care needs.

Skin cancer negligence can have devastating consequences, but there is recourse for those harmed by substandard medical care and seeking timely legal advice is a crucial step towards pursuing a successful claim.

How can we help?

If you have received poor medical care or wish to discuss a compensation for delayed cancer diagnosis contact our medical negligence solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.