The NHS in England has spent at least £100 million resolving legal claims due todelays, errors or inadequate care related to cancer in the last decade, reveals a Freedom of Information (FOI) request to the NHS Litigation Authority fromMacmillan Cancer Support. This sum is equivalent to funding ten years worth of full time work from almost 200 Macmillan cancer specialist nurses.

Thefindings cover 1,860 legal claims which were made and settled against the NHSrelating to cancer care and treatment within the last eleven years.

Macmillan Cancer Support is extremely concerned that the majority (66%) of successful claims completed over this time are from people who faced issues in gettingdiagnosed or starting treatment and as a result suffered physical and/orpsychological consequences.

Specificexamples include:

·          In 2012/13 fourpeople suffered psychiatric or psychological damage due to a failure or delayin treatment and diagnosis. These legal actions cost the NHS £79, 473.

·         In 2006/07 two people suffered visual problems due to a failure or delay in diagnosis. These legalactions cost the NHS £446, 690.

·         In 2013/14 there were 12 legal claims against the NHS due to a failure or delay in diagnosis that led topatients being diagnosed with advanced stage cancer. These legal actions costthe NHS £1.3 million.

·         In 2012/13 there were eight fatalities due to a failure or delay in diagnosis. These legal actionscost the NHS £1.3 million.

Jagtar Dhanda, Head of Inclusion at Macmillan Cancer Support says:

“We must ensure that these rare but costly cases of legal action are kept to an absolute minimum and are calling on politicians and NHS leaders to make high quality cancer patient care a priority at the upcoming general election. Inparticular, if the NHS was better at diagnosing people on time then most ofthese incidents wouldn’t have happened in the first place.

“Macmillan knows that complex cancer treatment is not risk-free and unfortunately the occurrence of some errors is inevitable. When something does go wrong patientsmust be treated with dignity and respect from the moment they make a complaint.

“Patients say that when they raise a complaint they want someone to listen to them, for the problem to be resolved as quickly as possible and with meaningful solutions so they receive the emotional and physical support they need.Sadly numerous inquiries into the complaints system show that too often this doesn’t happen. This can push people into feeling that resorting to costly legal action is the only solution they face.

“Yet very often this is not the best way to resolve issues for people damaged by medical treatment either, as it is a lengthy and stressful process which ultimately often doesn’t provide people with the support they need.

“The vast amounts of money being spent on legal action when things go wrong is yetanother compelling reason for all political parties to make early diagnosis and a caring culture in the NHS a priority at the upcoming general election.”

Macmillan Cancer Support is urging all Westminster parties to prioritise cancer care and commit to the following in their General Election manifestos:

1.    To deliver cancer outcomes that match the best in Europe, particularly by improving early diagnosis.

2.    Ensuring every single cancer patientsis treated with the highest levels of dignity and respect, and that NHS staff are supported to deliver this.