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A new study has revealed that although hospital negligence claims remain low, clinical Negligence Injury Compensation Claims is still a serious issue amongst NHS cancer patients. The study has caused concern amongst patient safety groups who claim that medical negligence, particularly cancer misdiagnosis, is not being ‘given the priority it deserves’ whilst patients are left in the dark about whether they are treated negligently and whether they have the right to make a hospital negligence claim.

The study looked at cancer patients in a twelve month period between 2007 and 2008 and found that 1,650 patients at the very lease had suffered negligence in the form of misdiagnosis or mixed-up tissue samples, with 177 suffering unnecessarily and two dying.

The study has raised concerns about safety in the process of cancer diagnosis and comes at a time when medical negligence more generally has been in the news following cases of negligence at a Stafford hospital. Other reports in the press have recently underlined the relatively low number of patients coming forward to make hospital negligence claims. This in turn has raised concerns that not enough patients are aware of their entitlement to make hospital negligence claims to win compensation for the losses and pain they have suffered. Further concerns have been brought to light about the lack of transparency and honesty of NHS Trusts when dealing with negligence cases. At the moment there is no legal requirement for doctors and trusts to divulge information of negligent care to the patient. As a result many patients are finding out about the extent of the negligent care they received only when they approach a solicitor regarding hospital negligence claims.