Negligence claims 'likely to increase' over Covid delays to cancer care

International law firm RPC warns patients who have had to wait for cancer referrals and treatment could seek compensation

Commenting on today's news that new figures show hundreds more people are dying each month in England from cancer than expected in the wake of treatment delays caused by the pandemic, partner Sian Morgan, said:

"The news that cancer deaths are on the increase is terribly sad, but not unexpected. 

"We know that during the pandemic fewer patients were receiving treatment for cancer, whether that was because cancer screening was so disrupted, cases were de-prioritised or because there was a reticence by some to seek medical advice during lockdown. 

"The backlog of cancer cases that the NHS faces now is concerning especially since the usual winter pressures on services are upon us which will likely be compounded by the nursing staff strikes. 

"The fact that the NHS is seeing a large increase in urgent referrals is positive in that people should now receive the diagnosis and treatment that they need, but the delays within the system is likely to lead to an increase in claims. 

"Receipt of timely treatment is critical in impacting prognosis and life expectancy in many cancers, and those who have had to wait for medical intervention may well seek compensation by bringing negligence claims. 

"Whilst the enforced restrictions in services during the pandemic may render some of those claims defensible, many others may still succeed. Each claim will turn on its individual merits and investigating each will add to growing litigation costs even if damages are found not to be due."