Men’s Health Week – When delays in healthcare become a legal matter

The spotlight is on men’s health this June 9^th -15^th in a crucial campaign focused on improving the physical and mental health of men across the UK.

While Men’s Health Week promotes prevention, early detection, and awareness, there is another, often overlooked side to the conversation: what happens when the healthcare system gets it wrong?

As medical negligence solicitors, we see the serious consequences that occur when men’s health concerns are misdiagnosed, dismissed, or inadequately treated. When that happens, legal action may be the only path to justice.

Men’s reluctance to seek medical advice

Many men are reluctant to visit a GP, often delaying help until symptoms are advanced. When they do seek care, they place trust in healthcare professionals to act swiftly and accurately. Unfortunately, this trust is sometimes betrayed by diagnostic errors, delays, or medical negligence - leading to significant and avoidable harm.

At Pearson Solicitors and Financial Advisers, we regularly handle claims involving:

• Prostate and Testicular Cancer: Delayed diagnosis or misinterpreted test results.
• Heart Conditions: Symptoms of cardiac issues dismissed as stress, particularly in younger men.
• Mental Health Crises: Failure to recognise or treat depression, anxiety, and suicidal ideation.
• Urological Conditions: Inadequate investigation of symptoms like frequent urination or erectile dysfunction, which may indicate serious underlying conditions.

These failings are not just medical - they are legal. When the standard of care falls below what is expected and harm results, men have the right to seek compensation.

Making a medical negligence claim

To bring a successful medical negligence claim, two key elements must be proven:

• Breach of Duty, this is when the care provided falls below the standard expected of a reasonably competent clinician.
• Causation, when substandard care causes avoidable injury, worsening of condition, or delayed recovery.

A clear example of this could be when a man experiencing symptoms of prostate cancer is repeatedly reassured without proper testing and may go on to suffer irreversible harm if a diagnosis is delayed beyond the window for curative treatment.

Medical negligence case

In one case we represented a 24 year old male who had to have a testicle removed when A&E doctors at a Manchester hospital failed to correctly diagnose and treat him in time - this case was settled out of court by our medical negligence solicitors and our client received £25,000 in compensation.

He initially went to A&E at The Royal Oldham Hospital with unbearable testicular pain and it was observed that he had swelling, redness and tenderness in his right testicle.  No urinary symptoms were noted and he had no history of testicular torsion.

As there was no urologist at Oldham Hospital that evening he was advised to go the North Manchester General Hospital, in notes from Oldham hospital it said ‘testicular torsion suspected’.

The urology assessment by the registrar at North Manchester was substandard and incorrect resulting in a diagnosis of epididymoorchitis. This is an inflammatory condition affecting both the epididymis (a tube at the back of the testicle) and the testicle itself. It's a common cause of scrotal pain and swelling which is often caused by infection.  In this case our client was in the right age group and his sudden onset pain, as well as lack of infection symptoms should have led to more thorough and proper diagnosis.

But for the substandard assessment, it was conceded that the claimant would have avoided orchidectomy, a surgical procedure to remove one or both testicles.

What Men can do to protect their health and legal rights

We strongly encourage people to:

• Document everything: Dates of appointments, symptoms, advice given.
• Ask questions: Challenge vague reassurances and seek second opinions.
• Know your rights: If something feels wrong with your care, it may be.

During Men’s Health Week, we urge the medical community to do more than raise awareness. Men must be listened to, not stereotyped. Assumptions that younger men are “too fit to be ill” or that mental health symptoms are “just stress” must be left behind.

Males continue to account for approximately three-quarters of all suicide deaths, a trend observed since the mid-1990s. However often, male mental health is not taken seriously and this can often have devastating consequences.

How can we help?

At Pearson Solicitors our expert medical negligence solicitors can help whether it is for yourself or a loved one. For legal advice contact us 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.