Stomach Cancer Misdiagnosis Compensation Claims

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Stomach Cancer Misdiagnosis Compensation Claims

This guide will explore the process of seeking compensation after a stomach cancer misdiagnosis that was caused by a medical professional’s negligence. All medical professionals have a duty to provide you with the correct level of care. If they fail to do so, causing you avoidable or further harm, you may be eligible to make a medical negligence claim.

stomach cancer misdiagnosis

stomach cancer misdiagnosis claims

For example, if your doctor misdiagnoses stomach cancer as gastritis despite you exhibiting clear cancer symptoms, this could have delayed your treatment. Consequently, your stomach cancer may have progressed to a more advanced stage resulting in you needing a more invasive form of treatment.

This guide will explore the compensation you could receive for the impact the misdiagnosis has had on your life and what your settlement could include.

Additionally, we will look at the steps you can take to strengthen your case and the evidence you could obtain to prove negligence occurred.

To discuss your potential claim, please get in touch with us today. Our advisors can provide free legal advice on misdiagnosed cancer negligence claims and answer any other questions you might have.

To get in touch, you can:

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What Is A Stomach Cancer Misdiagnosis?

According to the NHS, stomach cancer is a type of cancer that’s found anywhere in the stomach and is not very common in the UK.

However, all medical professionals must provide a level of care that meets the correct standard. In some cases, they may fail to do so.

For example, your doctor might fail to refer you for further tests despite you exhibiting clear symptoms of stomach cancer. Instead, they may have misdiagnosed you with another condition, such as gastroenteritis. A misdiagnosis could result in a number of issues, such as:

  • Wrong treatment
  • Delayed treatment
  • Your condition progressing further

If you experienced harm as a result of a medical professional’s negligence, get in touch with our team. They can discuss whether you’re eligible to seek compensation for a stomach cancer misdiagnosis.

Stomach Cancer Statistics

According to Cancer Research UK, there were:

  • 6,453 new cases of stomach cancer between 2016-2018 in
  • 4,216 deaths from stomach cancer 2017-2019

Additionally, the statistics show that 54% of stomach cancer cases are preventable.

Stomach Cancer Symptoms

According to the NHS, there are several symptoms of stomach cancer, such as:

  • Indigestion
  • Feeling sick or being sick
  • Problems with swallowing
  • Loss of appetite
  • Pain in your stomach
  • Feeling tired or having little to no energy

If you have experienced similar symptoms, you should ensure you seek medical attention.

Can Stomach Cancer Be Misdiagnosed?

There may be instances where stomach cancer is misdiagnosed. There are several ways it could happen, such as:

  • Admin error: You may have received someone else’s test results due to an admin error. As a result, you may have been misdiagnosed and experienced delayed cancer treatment.
  • Failure to refer for further tests: Your doctor may have failed to organise an urgent referral despite your test results showing clear signs of cancer. As a result, you may have experienced a delayed diagnosis.
  • Failure to properly investigate symptoms: A doctor may fail to properly investigate your symptoms or take concerns about your health seriously.
  • Misinterpreting test results: A hospital doctor may fail to interpret your test results correctly. As a result, you may be misdiagnosed with a different condition, leading to delayed treatment of your original condition.

As you can see, there are various ways someone could experience a stomach cancer misdiagnosis. However, in order to claim, you must prove that a medical professional’s negligence caused you harm.

For more information on the steps you can take to strengthen your case, see the section below.

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Could I Claim For A Stomach Cancer Misdiagnosis?

To claim compensation for your misdiagnosis of cancer, you will need proof of medical negligence. This can include medical evidence such as:

  • Doctor records
  • Hospital records
  • Prescriptions
  • Statement of diagnosis
  • Letters regarding your treatment
  • Test results

You may also need to attend an independent medical appointment. This can help provide further details on the nature of the harm you sustained, the extent to which it impacted you and your future prognosis. A solicitor from our panel could organise for you to attend this appointment as part of the claims process.

Additionally, the Bolam test may be used to determine whether the medical professional in charge of your care, met the correct standard of care. This involves a panel of medical professionals working in a relevant field of medicine, assessing your case. The findings of the Bolam test can be used to support your claim.

Furthermore, it’s important to be aware of the time limits for making a medical negligence claim. Generally, this is three years from the date of the incident. However, exceptions may apply to your case.

For more information on whether you’re eligible to make a stomach cancer misdiagnosis claim, call our team. They can also provide further guidance on the time limits.

Stomach Cancer Misdiagnosis Compensation Amounts

You may wish to use a compensation calculator to get a rough estimate of what your claim is worth. However, they aren’t always accurate.

Instead, we have used guidelines from the Judicial College to create the table below. Medical negligence solicitors can use the compensation brackets that sit alongside different types of harm in the guidelines to help them value the general damages portion of your settlement.

General damages seek to award compensation for the pain and suffering caused by the harm you experienced as a result of medical negligence. Several factors are considered when valuing this head of claim so only use the figures in the table as a guide.

HarmCompensationNotes
Bowels (a)Up to £184,200
Double incontinence and a complete loss of natural bowl and urinary function.
Bowels (b)Up to £150,110
Complete loss of natural function and dependence on colostomy.
Bowels (c)In the region of £79,920
Symptoms such as faecal urgency that persist after surgery.
(a) Severe Psychiatric injury£54,830 to £115,730Several aspects of the person's life will be affected and they will have a very poor prognosis.
(b) Moderate Psychiatric injury£5,860 to £19,070The person will experience several issues but a significant improvement will have been made and the prognosis is good.
Spleen (a)£20,800 to £26,290
Where the spleen is lost causing an ongoing risk of internal infection and other disorders because of a damaged immune system.
Scarring£7,830 to £22,730Several noticeable laceration scars or one single scar that's disfiguring.
ScarringIn the region of £8,640An exploratory laparotomy that found no internal injury.
Scarring£2,370 to £7,830One noticeable scar or several superficial scars.
Lungs (b)£70,030 to £97,330Cancer of the lungs that causes severe pain and function impairment.

Your settlement could also comprise special damages. This reimburses you for financial losses associated with the harm you experienced due to negligence. For example:

  • Lost earnings
  • Medical expenses
  • Travel costs
  • Care costs

To claim costs back under special damages, you must provide evidence, such as receipts or payslips.

Start A Stomach Cancer Misdiagnosis Claim

If you choose to work with a solicitor from our panel, they can offer No Win No Fee services such as representing your claim under a Conditional Fee Agreement (CFA).

As part of this agreement, there will be no:

  • Upfront payment for your solicitors services
  • Ongoing fees while your claim proceeds
  • Payment required for your solicitors services if your claim fails.

If your claim succeeds, you will pay a success fee from your compensation. This is deducted as a legally capped percentage. You can find more details of the fee in the agreement you sign before your claim proceeds.

For more information on the services our panel of solicitors provide, get in touch with our team. An advisor can assess your eligibility to claim and if your case meets the relevant criteria, they could assign your case to a solicitor from our panel.

They can also answer any other questions you may have regarding your potential stomach cancer misdiagnosis claim.

To get in touch, you can:

More Services

Below, we have provided some additional resources that you may find beneficial.

Other Misdiagnosis Claims

We hope this guide on making a stomach cancer misdiagnosis claim has helped. If you have any other questions, call our team using the number above.

Writer Hana Clarke

Editor Meg Miller