This guide will explain how to claim compensation if your bowel cancer was misdiagnosed by a negligent medical professional. All medical professionals owe their patients a duty of care, which we will look at as we continue through this guide.
Claiming if bowel cancer was misdiagnosed – A guide
Bowel cancer is any type of cancer of the large intestine. Depending on where it begins, bowel cancer can also be known as rectal cancer or colon cancer. A patient’s condition may worsen if their cancer is misdiagnosed and it’s allowed to get worse without treatment. If a negligent misdiagnosis of cancer harmed you, you could claim compensation.
If you wish to claim compensation for the misdiagnosis or delayed diagnosis of bowel cancer, our team can help you. Medical Negligence Assist works with a panel of medical negligence solicitors. If you have enough evidence to support your claim, a skilled solicitor from our panel can work with you.
Please make your enquiry today:
- Call our medical negligence helpline on 0800 652 3087
- Fill out our claim online form
- Alternatively, you can web chat with an advisor now via our live chat feature
Select A Section
- Can You Claim If Your Bowel Cancer Has Been Misdiagnosed?
- Tests And Diagnosis For Bowel Cancer
- Evidence For Claiming After Bowel Cancer Was Misdiagnosed
- Estimating Settlements If Your Bowel Cancer Was Misdiagnosed
- Contact A Medical Negligence Claims Specialist
Can You Claim If Your Bowel Cancer Has Been Misdiagnosed?
The earlier bowel cancer is detected, the easier it is to treat. Symptoms of bowel cancer can include the following:
- Blood in faeces
- A change in your bowel habit
- Persistent lower abdominal pain
- A loss of appetite or unexplained weight loss
All doctors and medical practitioners have a legal duty of care towards their patients. This means they must provide the patient with the correct standard of care. Medical negligence occurs when the practitioner offers substandard care and harms the patient in a way that the right level of care would have avoided.
In some cases, a misdiagnosis may not be caused by medical negligence. For example, you could be misdiagnosed with a condition that shares some symptoms with bowel cancer, including Irritable Bowel Syndrome (IBS). This might be a reasonable thing for your doctor to do with the information that they have; if this is the case, then you would be unable to claim, even if the misdiagnosis caused you harm.
Speak with our team for free legal advice about the process of claiming after your bowel cancer was misdiagnosed. If your case is valid, you could be connected with a No Win No Fee lawyer from our panel.
Tests And Diagnosis For Bowel Cancer
There are several steps that can be taken to diagnose bowel cancer. For example:
- A digital rectal exam
- An examination of your abdomen
- A colonoscopy
- A CT scan or an MRI scan
Below, we have included some examples of how a misdiagnosis could occur:
- Your doctor performs a digital rectal examination incorrectly and, as a result, does not think there is a tumour. As a result, they fail to refer you for additional tests.
- Despite the fact that your symptoms indicate it’s needed, your doctor fails to refer you for a follow-up test.
- Your test results are mixed up with those of another patient. This means you’re told you do not have cancer when you do. This allows the condition to get worse.
A misdiagnosis of cancer could have a wide range of effects. For example, a patient could experience a wrongful death if their condition progressed to a point where it could no longer be treated.
If you would like to find out what circumstances could entitle you to claim after your bowel cancer misdiagnosed, speak with a member of our team today.
Evidence For Claiming After Bowel Cancer Was Misdiagnosed
Evidence is an important aspect of making a medical negligence claim after your bowel cancer was misdiagnosed because of a breach of duty of care. Without proof, your claim might not be successful. You should provide evidence to show that your harm was caused by negligence and also to demonstrate how you were affected.
This could include:
- Receipts of any costs you have incurred
- Medical records
- A diary of your symptoms
You will also be asked to attend an independent medical assessment as part of your claim. This is where an expert will look at your condition and confirm the impact that it’s had on your overall health.
The Bolam Test
The Bolam Test might be carried out to help determine whether negligence took place. This is where a panel of appropriately-trained medical professionals are asked whether the standard of care delivered was acceptable.
If they say it was, you would not have a valid claim, even if their actions harmed you. However, if they say that it did not meet the standards, then you could be owed compensation.
Estimating Settlements If Your Bowel Cancer Was Misdiagnosed
If you make a successful compensation claim, you could be owed up to two heads of claim. These are:
- General damages: compensation for the pain and suffering your injuries caused and the negative impact they had on your quality of life.
- Special damages: compensation to reimburse you for the out-of-pocket expenses your injuries caused.
How Much Cancer Misdiagnosis Compensation Can You Claim?
You can use the compensation table instead of a compensation calculator, to value the general damage head of your claim.
Medical negligence solicitors use the Judicial College Guidelines (JCG), which list potential ways you could be harmed and their associated compensation payments, to value general damages. We have used the 16th edition of the JCG to create the compensation table below.
Judicial College Guidelines
| Injury | About The Injury | Payouts |
|---|---|---|
| Bowel (a) | Where the person suffers double incontinence, losing natural urinary and bowel function as well as control. They may have further medical complications. | Up to £184,200 |
| Bowel (b) | Loss of natural bowel function. The person is dependent on a colostomy. | Up to £150,110 |
| Bowel (c) | Cases of faecal urgency as well as passive incontinence. This persists after surgery and could cause distress and embarrassment. | Around £79,920 |
| Bowel (d) | The pain has severe pain in the abdomen which impairs function and could require a temporary colostomy. | £44,590 to £69730 |
| Bladder (a) | Cases where the person loses natural function in their bladder and bowels. There may be other medical complications. | Up to £184,200 |
| Bladder (b) | Complete loss of bladder control and function. | Up to £140,660 |
| Bladder | Middle aged individual with a family who has had a reduction in their life expectancy of 15 or 20 years due to bladder cancer. | £51,710 to £76,190 |
| Bladder (c) | Serious impairment of bladder control and function. | £63,980 to £79,930 |
| Bladder (d) | The person has made an almost complete recovery but with long-term interference with natural bladder function. | £23,410 to £31,310 |
Please note the compensation brackets are advisory. So, if your claim succeeds, your compensation payment may differ.
Medical Negligence Assist has not included estimates for special damage claims in the table. Please contact our team of advisors, who may be able to more accurately value your medical negligence claim and confirm whether your bowel cancer was misdiagnosed because of medical negligence.
Contact A Medical Negligence Claims Specialist
If you want to claim medical negligence compensation for harm caused by a negligent bowel cancer misdiagnosis, please contact us today. An advisor can assess your claim, and if you are eligible for compensation, can provide you with a No Win No Fee solicitor from our panel to handle your case.
When you claim on a No Win No Fee basis, you benefit from not having to pay any upfront or ongoing legal fees. You will instead agree to pay a success fee, if you win your claim and receive compensation. Moreover, under The Conditional Fee Agreements Order 2013 the success fee is deducted from the claimant’s compensation payout at a capped rate.
Please contact our team to see if you can start a claim after your bowel cancer was misdiagnosed:
- Call our medical negligence helpline on 0800 652 3087
- Fill out our claim online form
- Alternatively, you can web chat with an advisor now via our live chat feature
How To Claim For Misdiagnosed Injuries And Illnesses
Below, we have included some links to additional resources from our site:
Failure To Treat Cancer Compensation Claims
Delayed Breast Cancer Treatment Compensation Claim
Stomach Cancer Misdiagnosis Compensation Claims
We have also included these additional resources below for your reference:
An NHS guide to living with bowel cancer
Bowel cancer – Information from Cancer Research UK
Concerns about doctors – a General Medical Council guide to making a complaint about a doctor.
If your bowel cancer was misdiagnosed, please get in touch to see if you could claim.
Guide by Hana
Edited by Fern