This guide answers the question, “Could I make a claim if misdiagnosed with IBS?” We will examine who could be eligible to make a medical negligence claim following an IBS misdiagnosis. We will also explain the duty of care owed by medical professionals to their patients and how breaches of this duty can lead to patients experiencing avoidable harm.
You will find some examples of scenarios of how an IBS misdiagnosis could occur and the types of harm this could lead to. We have also provided information on the damages that could be awarded following a successful medical negligence claim.
The final section of this guide explores the benefits to you of working with one of our solicitors for your medical negligence claim and the No Win No Fee agreement they can offer.
For an assessment of your potential claim or for answers to any questions you have, our team of advisors are on hand to assist you. You can get in touch using the contact details below:
- Call on 0800 652 3087.
- Use our “claim online” form.
- Find our live chat feature at the bottom left-hand of the screen.
Select A Section
- Could I Make A Claim If Misdiagnosed With IBS?
- How Could You Be Misdiagnosed With IBS?
- Proving Your Claim For Misdiagnosis
- How Much Could You Claim If Misdiagnosed With IBS?
- Why Choose Us For Your No Win No Fee Clinical Negligence Claim?
- Discover More About Claiming For Misdiagnosis
Medical professionals owe a duty of care to all patients receiving treatment from them to provide the correct standard of care. This duty applies to both public and private healthcare professionals.
Medical negligence, also known as clinical negligence, is when a medical professional fails in their duty to provide the correct standard of care during treatment, causing the patient to suffer avoidable harm.
There are circumstances where causing further illness or injury to the patient is unavoidable, even when the correct standard of care is being administered. As an example, you were correctly diagnosed with IBS and prescribed medication to ease your discomfort, as other treatments were ineffective. Any side effects of taking this medication would be unavoidable as the prescription was needed to treat your symptoms.
You could be eligible to start a medical negligence claim if you were misdiagnosed with IBS, provided you can meet the following criteria:
- You were owed a duty of care by a medical professional
- There was a breach of this duty by the medical professional.
- Because of this breach, you suffered avoidable harm.
The Limitation Act 1980 establishes the time limit for starting medical negligence claims. Generally, you will have 3 years from the date the negligence occurred or from the date you would have been expected to connect the harm with the medical professional providing inadequate care. This is known as the date of knowledge. In some cases, exceptions to the general limit can apply and an extension granted.
To ask any questions about the claims time limit or to check if any exceptions apply to your case, speak to one of our advisors. Use the contact information above to talk to a team member.
Irritable Bowel Syndrome (IBS) is a condition that affects the digestive system causing symptoms such as stomach cramps, bloating and constipation. There are a number of potential circumstances where a patient could be misdiagnosed with IBS. We have detailed a few possible scenarios here:
- You were misdiagnosed with IBS when you actually showed clear symptoms of bowel cancer. The medical professional did not refer you for further testing. This led to a delayed diagnosis of bowel cancer. By the time you received the correct diagnosis, the cancer had spread.
- You were misdiagnosed by video examination as having IBS, even though your symptoms did not align with an IBS diagnosis, this resulted in the medical professional not referring you for any further diagnostic testing. Because of this, your ulcerative colitis went undetected and untreated, resulting in significant complications.
Our team of advisors can assess your medical misdiagnosis claim. For more information about the claims process and to ask any questions about your potential claim, speak to an advisor using the above contact details.
Gathering supporting evidence is an important part of the claims process. Evidence can help show that the harm you suffered was avoidable and caused by the medical professional’s negligence in diagnosing you correctly. Some possible examples of evidence you could gather if misdiagnosed with IBS include:
- You can request copies of your medical records. These can be very useful for showing you were misdiagnosed with IBS.
- If someone attended your medical appointments with you, they could provide a statement during the claims process. Be sure to take down their contact information.
- Keep a diary of your treatment and symptoms, noting both the physical and mental impacts this had on you.
Will The Bolam Test Be Used If I Was Misdiagnosed With IBS?
The Bolam test is when selected medical professionals from the relevant field are asked if the care you received was of the correct standard. This can be useful evidence if the findings support your claim. The use of the Bolam test is decided on a case-by-case basis and not organised by the claimant themselves.
Please note that not all cases of misdiagnosis will mean a medical professional has been negligent. They may have upheld the correct standard of care, but the diagnosis was incorrect for other reasons.
You could get the support of a solicitor if you have valid grounds to proceed with the claim. Use the contact information above to get your particular circumstances assessed.
General damages are awarded for the physical impacts, as well as any psychological distress. This is the first of two heads of claim that can make up your compensation settlement following a successful claim.
We have used a selection of figures from the Judicial College Guidelines (JCG) to create this compensation table. The JCG publication details various types of harm and their guideline award brackets. It is important to emphasise that the JCG figures are guideline brackets, not guaranteed payouts. Medical negligence claims are calculated individually, therefore we have provided this table to act as a guide only.
|Up to £184,200
|Total loss of natural bowel and urinary function, with other medical complications.
|Up to £150,110
|Complete loss of natural function and dependance on colostomy.
|In the region of £79,920
|Passive incontinence and faecal urgency post surgery causing distress and embarrassment.
|£44,590 to £69,730
|Severe abdominal injury causing impairment of function, often necessitating temporary colostomy and/or restrictions on diet and employment.
Any financial losses you have sustained due to the avoidable harm you experience could be awarded under special damages as part of your medical negligence compensation. Some possible examples are:
- In-home care and support: for example, assistance cleaning or food preparation, or maintenance of your outside space.
- Costs for travel to and from work: if your ability to drive safely has been affected, you could claim back the costs of transport to and from work.
- Loss of earnings: you may be eligible to be reimbursed for any lost pay during your time off to recover.
- Out-of-pocket medical expenses: such as prescriptions.
- Modifications to your home: examples could include a shower rail or access ramps if your mobility has been affected.
Remember to keep any invoices, receipts, payslips and other documentation as evidence of any monetary losses you experienced.
If you were misdiagnosed with IBS and would like a more detailed calculation for your particular claim, contact our team using the details at the end of this guide.
Speak to our advisors for an assessment of your potential claim. One of our solicitors could then take up your case if you have valid grounds to proceed.
Our solicitors can offer a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). A CFA has notable advantages for claimants. First of all, there are no upfront or ongoing fees for the solicitor’s services during the claims process. There are likewise no fees to pay if the claim fails.
Following a successful claim, you will be awarded a medical negligence compensation payout. The solicitor will take a percentage of this compensation. This is called the success fee. By law, the percentage that can be charged as a success fee is capped. Therefore, the majority of the awarded compensation will go to you.
Talk to our advisors to enquire about any of the information in this guide, or to potentially start a claim. Our team can assess your particular circumstances and potentially connect you with a solicitor if you have a valid claim:
- Call an advisor on 0800 652 3087.
- Use our “claim online” form.
- See our live chat function at the bottom of the page.
See some of our other misdiagnosis claims guides
- Find out if you could be eligible to claim for a missed radius fracture.
- Learn more about claiming after a meningitis misdiagnosis.
- Read our guide on making a claim for a missed sacrum fracture.
Other resources you may find useful
Thank you for reading this guide to making a claim when misdiagnosed with IBS. Speak to our advisors for more information on medical negligence claims or to get a free assessment of your circumstances. You can contact our team using the details above.