Yes. If you believe your lung cancer diagnosis was delayed or missed due to clinical failings, you may be eligible to claim against the NHS.

These failings could include ignoring early symptoms, not arranging appropriate tests (like chest X-rays or CT scans) or failing to refer you for urgent specialist review. Claims are usually brought against NHS Resolution, the body that manages legal claims on behalf of NHS trusts.

To succeed, we will show that the delay or error in your care caused avoidable harm (e.g. allowing the cancer to progress, requiring more invasive treatment, or reducing your chances of survival).

The value of a claim depends on the nature and extent of the harm caused by the negligence. You may be able to claim for:

• General damages: to compensate for pain, suffering, reduced quality of life, and psychological trauma.
• Special damages: covering financial losses such as missed earnings, medical bills, travel to appointments, mobility aids, or future care needs.

If your prognosis worsened due to the delay – for instance, if you were no longer eligible for surgery or curative treatment – this could lead to a significant six-figure settlement. Each claim is assessed individually, with expert medical evidence used to calculate the long-term impact.

Lung cancer symptoms often appear subtly at first and may be mistaken for more common respiratory illnesses. Warning signs include:

• A persistent cough that doesn’t go away or gets worse over time.
• Coughing up blood, even in small amounts.
• Breathlessness or wheezing without another clear cause.
• Frequent chest infections that don’t fully resolve.
• Chest or shoulder pain, especially when breathing deeply or coughing.
• Unexplained weight loss, fatigue, or loss of appetite.
• Hoarseness or changes in your voice.

If you presented with any of these symptoms and were not referred for diagnostic testing in a timely manner, you may have grounds to bring a negligence claim.

Because early-stage lung cancer often mimics other conditions, it can be misdiagnosed as:

• Chest infections such as bronchitis or pneumonia.
• Asthma or COPD, particularly in smokers or older patients.
• Acid reflux, which can also cause a persistent cough.
• Muscular chest pain or anxiety-related symptoms.
• Long COVID, in more recent cases.

While these are plausible diagnoses, failure to investigate further when symptoms persist or worsen can amount to negligent care, especially when red flags like weight loss or haemoptysis (coughing blood) are present.

Being incorrectly diagnosed with lung cancer can be incredibly distressing and may lead to unnecessary treatments such as chemotherapy, surgery, or radiation – all of which carry serious physical and emotional effects. You may also experience anxiety and long-term psychological trauma from believing you had a life-threatening illness.

If you were told you had lung cancer when you didn’t, and that diagnosis was made due to errors in interpreting scans or biopsy results, you may be entitled to compensation for unnecessary harm. 

Yes, you can bring a lung cancer negligence claim on behalf of a loved one if:

• They have sadly passed away due to a delayed or missed diagnosis.
• They are under 18 and legally unable to pursue a claim themselves.
• They lack the mental capacity to bring a claim, for example, due to a brain tumour or dementia.

These cases are handled with sensitivity and care. In fatal cases, compensation may include financial losses to the family, funeral expenses, and damages for the deceased’s pain and suffering before death.

Cancer misdiagnosis is more common than many realise. Studies have shown that approximately 4 in 10 people with cancer are misdiagnosed at least once before their correct diagnosis is made. For lung cancer, this is particularly concerning, as symptoms are often vague and attributed to less serious conditions, especially in patients with a history of smoking or chronic lung issues.

Delays of even a few months can dramatically change the prognosis. If your cancer was not caught at a treatable stage due to avoidable mistakes, a legal claim could help you access the compensation and care you deserve.