Lung Cancer - Medical Negligence Solicitor

Our lung cancer solicitors operate the no win no fee scheme which is totally without risk. You only pay legal charges if the case is won. There are no upfront charges to pay whatsoever. If you would like to discuss your potential compensation claim with a specialist medical negligence solicitor just complete the contact form or email our lawyers offices or use the solicitors helpline. Once you have provided sufficient information you will speak with a lung cancer solicitor who will advise you on the prospects of success for your claim and an estimated amount of compensation that may be awarded. Our advice is totally without cost and there is no further obligation to use our legal services. Do yourself justice and give us a call.

Our lung cancer solicitors have offices situated in Adelaide, Brisbane, Canberra, Melbourne, Perth, Darwin, and Sydney.


A biopsy is used to diagnose lung cancer. A biopsy involves removing a small tissue sample which is then examined by a pathologist. There are several different procedures that can be used to obtain the tissue sample :-

  • inserting a bronchoscope into the mouth or nose and down through the windpipe
  • laparoscopy techniques
  • inserting a hypodermic needle through the wall of the chest and into the tumour
  • using a hypodermic needle to obtain a sample of the fluid which surrounds the lungs

The extent of a patients lung cancer can be assessed by using the following tests :-

  • mediastinoscopy: This test is used to determine whether the lung cancer has spread to the lymph nodes in the patients chest
  • radionuclide scanning: This scan can be used to determine whether the lung cancer has spread to other organs in the body
  • MRI, CAT or CT scan

Asbestos Exposure

When people think of the causes of lung cancer, cigarette smoking is typically the first thing that comes to mind. However, another common cause of lung cancer is exposure to asbestos. Cigarette smoking combined with asbestos exposure is a particularly deadly combination. The smoke and asbestos have a synergistic effect, and the risk factor of each carcinogen is actually multiplied when they are present at the same time. In fact, a smoker who has also been exposed to asbestos is seven times more likely to develop lung cancer.

Medical Negligence

A number of different mistakes on the part of a healthcare professional can lead to a delay in the patients proper diagnosis. When a healthcare professional fails in their duty of care to a patient there may be a case for lung cancer solicitors to claim compensation as a result of medical negligence negligence. A delay in the diagnosis of lung cancer can be caused by the healthcare providers failure to :-

  • refer a patient to a specialist after detection of symptoms
  • perform a biopsy following abnormal results of a physical exam
  • perform appropriate tests on a patient exhibiting relevant symptoms
  • take appropriate action following unfavourable biopsy results
  • properly monitor a patient with a family history of lung cancer
  • recommend proper treatment options to the patient
  • locate any lost records, test results or doctors otes

Lung Cancer Medical Overview

Lung cancer begins in the lungs and is divided into two main types. There is non-small cell cancer, the most common type of cancer at 80 percent. There is also small cell cancer, which makes up approximately 20 percent of all lung cancer cases. Lung cancers can be a mixed collection of small cell cancer and large cell cancer. Cancer can start elsewhere in the body and is called metastatic lung cancer.

Lung cancer is the deadliest form of cancer for men and women alike. More people die from lung cancer than those who have breast cancer, prostate cancer and colon cancer combined. Lung cancer is a rare disease in those less than 45 years of age. The major cause of lung cancer is, of course, smoking. The more cigarettes smoked per day and the earlier you begin smoking, the greater is your risk of developing lung cancer. Low tar cigarettes are not as dangerous as regular cigarettes. Lung cancer can still occur in those who have never smoked.

Secondhand smoke, which is breathing the smoke of others, increases the change of lung cancer. About 3000 people who have never smoked die each year from lung cancer due to second-hand smoke.

The risk of lung cancer increases with an increased level of air pollution, an increased level of arsenic in drinking water, asbestos exposure, radon gas, radiation therapy to the lungs, family history of lung cancer, and exposure to multiple cancer-causing chemicals.

Symptoms may be minimal in the early stages of the disease. Lung cancer is sometimes just found on x-ray. When you develop symptoms, you often have cough, shortness of blood, coughing up blood, wheezing, loss of appetite and weight loss, and chest pain. You tend to be overwhelmingly tired. In the late stages of lung cancer, you become weak, have swallowing problems, joint pain, clubbing of the nails, hoarseness, pain in the shoulder, swelling of the face or of the arms, eyelid drooping, paralysis of the face and bony pain.

Tests and exams for lung cancer can be difficult. There can be a physical examination showing crackles in the lungs and fluid on the lungs. A chest x-ray can show a diagnosis of lung cancer. An MRI scan, PET scan or CT scan of the chest can further identify the degree of the cancer and can look for metastases. Sputum can be evaluated for cytology, which can show up the cancer cells in some cases.

Confirmation of lung cancer relies on several tests that can be done. These include a bronchoscopy combined with biopsy of the lung tissue; pleural biopsies can be done on peripheral lesions. CT scan directed biopsies can be done using a sterile needle, a mediastinoscopy can be done along with a biopsy and open lung biopsies are possible.

Treatment depends on the type of lung cancer you have. A combination of surgery, chemotherapy and radiation are often used for many types of lung cancer. It has been found that surgery does not help small cell cancer but chemotherapy and radiation do help. Surgery is reserved for large cell or non-small cell cancer.

The prognosis of cancer is much worse in small cell cancer. If the cancer has spread, the prognosis is worse. It is worse if you are older and if your overall health is poor. Some people respond to treatment better than others. The death from lung cancer is still very high. The five year survival rate for lung cancer is about 14-17 percent for women and about 10-13 percent for men. The survival rate for whites is slightly higher than the survival rate for men.

Lung Cancer Solicitors

As with any type of cancer, survival depends on early detection. Even if the cancer is terminal, the patient and their loved one face less financial hardship, suffering and pain when the lung cancer is detected early. If your diagnosis was delayed because of medical negligence, contact our lung cancer solicitors for a legal consultation at no cost and without further obligation.

HELPLINE: ☎ 1800 633 634

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here