Pancreatic Cancer Misdiagnosis

Pancreatic cancer is a disease caused by abnormal cell growth within the pancreas, a glandular organ responsible for producing hormones and digestive juices. This cancer is uncommon in people aged under 40, with over half of new cases diagnosed in those over 75 years old.

It has a five-year survival rate of less than 7%, the lowest of all common cancers in the UK. There are two main types of pancreatic cancer:

• Exocrine pancreatic cancer – the most common type, accounting for 95% of cases. It starts in cells within the lining of the pancreatic ducts.
• Endocrine pancreatic cancer – these are quite rare. These tumours develop in the endocrine cells, which are responsible for insulin and hormone production.

When cells divide abnormally and become cancerous, a tumour may grow. This compromises the health and function of your pancreas. It might stop producing critical hormones like insulin, which regulates blood sugar levels. Pancreatic tumours can also affect digestion and leave you feeling very unwell.

In the early stages, there are typically no symptoms of pancreatic cancer. Because of this, the cancer is most often diagnosed at an advanced stage; around 80% of patients are diagnosed at stage three or stage four.

Unfortunately, most patients start to feel unwell only once the cancer grows. At this point, it can cause symptoms including:

• Unexplained weight loss
• Pain in the lower back or tummy (abdomen)
• Jaundice – yellowing of the skin around your eyes
• Changes to your stools – fatty, or with mucus

The symptoms may be vague, and they can also come and go. Doctors can mistake them for signs of other conditions, which can be one of the reasons why our clients come to us having experienced pancreatic cancer misdiagnosis.

When the cancer spreads to another body part or organ, it is known as advanced pancreatic cancer. The liver is the most common place for pancreatic cancer to travel. Any existing symptoms will typically worsen but there are also some clear signs that pancreatic cancer has spread. These may include:

• Feeling more tired and unwell
• Fluid building up in the abdomen
• Feeling nauseous or vomiting
• More persistent tummy pain

If the pancreas isn’t producing enough insulin due to the tumour inside it, patients may also develop the symptoms of diabetes. These include excessive thirst, weakness and passing a lot of urine.

Yes. Under the Mental Capacity Act, you may be able to seek compensation on behalf of a loved one with pancreatic cancer. The law stipulates that they must be either:

• Under 18 years of age, or
• Unable to independently litigate.

If you’re unsure whether the person claiming has sufficient mental capacity, please get in touch and we’ll guide you through your options.

Yes. You have three years to make a claim for you or a loved one, starting from either:

• The date of the negligence, or
• The date you first became aware of it.

Medical negligence claims, including those for pancreatic cancer misdiagnosis, are subject to official time limits. However, there are some exceptions:

• Once someone turns 18, they have three years to claim for negligence that took place while they were a child.
• No time limit applies to those who lack the mental capacity to claim without help.

Pancreatic cancer claims vary in their complexity and severity. Some aim to prove mistakes in medical prescriptions, causing relatively short periods of unnecessary pain and suffering, while others investigate the circumstances behind a sudden death.

At Been Let Down, all our solicitors have access to tools to assist in valuing your claim, such as the latest edition of the Judicial College Guidelines. This is a formally approved document, used by regulated solicitors across the UK.

We always make sure to try and obtain the maximum amount of compensation that we can. The final amount will depend on various factors, including:

1. The impact that the negligence had on your health and quality of life.
2. Any financial losses you incurred, including loss of earnings.
3. The severity of your cancer and the rate of progression.
4. Costs of future treatment, including palliative care.

If you’ve received a terminal diagnosis, you deserve to seek justice. We also understand that you’ll be looking for a sense of closure and peace of mind.

Putting things right as soon as possible includes ensuring that you and your family are fairly compensated for the suffering you’ve endured. If your prognosis is poor, we recommend asking a trusted friend or relative to represent you in court as a Litigation Friend.

Our team of specialist medical negligence solicitors will investigate as efficiently as possible but we can’t guarantee a date for completing your claim. The timeline for each case varies according to evidence and other circumstances.

If you or a loved one has been affected by pancreatic cancer misdiagnosis, we believe that you need the highest possible quality of legal support. If you’re not happy with the advice that’s being given by your current solicitor, we’ll happily discuss taking on your case.

To learn more, please call us on 0800 234 3234. We’ll do our best to help.