Cancer clinical negligence: diagnosis, staging and treatment; common breaches, NICE referral, MDT practice; Bolam/Bolitho standards; causation and quantum; expert selection and practical litigation tips

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

The medical specialty focused on diagnosing and treating cancer is oncology. Handling oncology clinical negligence claims requires an understanding of cancer’s nature, its many forms, symptoms and treatments, diagnostic methods, and the limits of what diagnosis and intervention can achieve. The timing of both actual care and the hypothetical non‑negligent treatment in the counter‑factual scenario is crucial to causation and injury. Choosing an expert is not always straightforward. These cases also demand careful management of a claimant’s expectations from the outset. Sometimes a decision is needed between seeking damages for a living claimant or for the estate or dependants of someone who has died. This Practice Note therefore outlines the essentials: what cancer is, how and when it is identified and treated, the limitations on treatments, and the applicable case law.

What is cancer?

Cancer develops when cells in the body divide faster than they should, forming a lump or tumour. Such tumours can be benign or malignant. There are more than 200 different cancers, including breast, lung, prostate and bowel cancer. A benign (non‑cancerous) tumour is made up of cells that pose no threat...

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Marcus Weatherby

Pattinson Brewer

Marcus is a partner at Pattinson and Brewer Solicitors specialising in serious injury work for Claimants. He has considerable experience acting in all types of personal injury work including clinical negligence, major catastrophic injury/disability, and notably spinal injuries. He settled a spinal case in 2012 for £4.1 million. Marcus has a particular interest in industrial disease claims, acting for victims of asbestosis and mesothelioma. Reported Court of Appeal cases include Anderson v Newham College of Education on contributory negligence....

Web page updated on 21/05/2026

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