In this guide, we will discuss when you could be eligible to claim medical negligence compensation following a stomach ulcer misdiagnosis.
A Guide To Stomach Ulcer Misdiagnosis Claims
Medical professionals owe a duty of care to their patients. If this is breached, it could potentially lead to a misdiagnosis that results in you suffering avoidable or unnecessary harm. Instances such as these could constitute medical negligence. Later in this guide, we explore a medical professionals duty of care in more detail as well as give examples of how a misdiagnosis could occur.
Further on, we outline types of evidence that could strengthen your potential medical misdiagnosis claim. The guide also examines medical negligence claim payouts, highlighting what could be included in a settlement.
Finally, you can learn how one of our solicitors could take on your claim under a No Win No Fee agreement.
If you have any other questions regarding your potential medical negligence claim, please contact an advisor using the details provided below. To reach an advisor, you can:
- Call 0800 652 3087.
- Ask about a claim online.
- Talk to an advisor in the live chat tab below.
Select A Section
- Could I Claim For Stomach Ulcer Misdiagnosis?
- How Can A Stomach Ulcer Misdiagnosis Occur?
- Proving Your Stomach Ulcer Was Misdiagnosed
- Stomach Ulcer Misdiagnosis Compensation Settlements
- Start A No Win No Fee Misdiagnosis Claim
- Learn More About Claiming For Misdiagnosis
Could I Claim For Stomach Ulcer Misdiagnosis?
Medical professionals, such as doctors and nurses, owe a duty of care to their patients to provide them with reasonable skill and care. If there is a failure to do so, and this leads to a patient experiencing avoidable or unnecessary harm, it could constitute medical negligence.
In order to begin a medical negligence claim for a stomach ulcer misdiagnosis you need to meet the eligibility criteria. This involves showing:
- A medical professional owed you a duty of care.
- They breached this duty by failing to meet the correct standard of care.
- Because of the breach, you suffered avoidable harm.
Check How Long You Have To Claim For Stomach Ulcer Misdiagnosis
You also need to ensure you start your medical negligence claim within the time limits set out in the Limitation Act 1980. This states that generally you have three years to pursue time limit. The three years can begin from the date that medical negligence happened or the date you realised it had occurred.
Other exceptions can apply to this time limit. To discuss these and find out how long you have to seek compensation, please contact an advisor on the number above.
How Can A Stomach Ulcer Misdiagnosis Occur?
Stomach ulcers are sores found on the stomach lining. If a stomach ulcer is not diagnosed or is left untreated, it could cause complications, such as perforation which can cause the lining of the stomach to split open and enable bacteria from your stomach to infect the lining of the abdomen. This can cause an infection to spread into the blood and other organs which could lead to multiple organ failure. Another complication can involve gastric outlet obstruction which prevents food going through your digestive system.
Some examples of how a stomach ulcer misdiagnosis could occur include:
- You are referred for a gastroscopy, which involves a small camera being passed through into the stomach, to diagnose a stomach ulcer but the procedure is carried out incorrectly leading to the ulcer going undetected. As a result, you are incorrectly diagnosed with another illness. This means the stomach ulcer worsens due to you receiving delayed treatment.
- A blood test may be carried out to determine whether you have a Helicobacter pylori (H. pylori) infection, a common cause of stomach ulcers. However, the test results are misinterpreted leading to you being misdiagnosed with another condition.
Not all incidents of misdiagnosis will form the basis of a valid medical negligence claim. To have grounds to proceed, you must prove that a medical professional breached the duty of care they owed, and caused you to suffer avoidable harm as a result.
For more information, please contact an advisor on the number above.
Proving Your Stomach Ulcer Was Misdiagnosed
Evidence can help strengthen your claim for a stomach ulcer misdiagnosis. This can include:
- A copy of your medical records, such as test results and diagnosis letters.
- Witness contact details, such as of those who attended appointments with you.
- Pictures of any visible avoidable harm you have suffered.
One of our solicitors who has experience handling medical negligence claims could assist you in gathering evidence. To find out whether you’re eligible to instruct them and benefit from their services, please call an advisor on the number above.
Stomach Ulcer Misdiagnosis Compensation Settlements
A successful medical negligence claim for a stomach ulcer misdiagnosis could see you being awarded a payout that consists of up to two heads of loss.
The first of these is general damages, compensating you for the pain and suffering you have experienced because of medical negligence. When valuing this head of loss, solicitors can refer to the Judicial College Guidelines (JCG) alongside any medical evidence. The JCG lists a set of guideline award brackets for different levels of harm.
The table below includes JCG figures, but these should be used as a guide only. Settlements will vary depending on the specific facts and circumstances of each case.
Compensation Table
| Harm Type | Compensation Bracket | Other Details |
|---|---|---|
| Brain - Very Severe | £282,010 to £403,990 | The person requires full-time care. |
| Kidney | £169,400 to £210,400 | Both kidneys are seriously and permanently damaged or lost. |
| Bowels | Up to £184,200 | A complete loss of natural bowel function is coupled with total loss of urinary control and function. These complications come in combination with other medical complications. |
| Bladder | £63,980 to £79,930 | Control is seriously impaired and there is some pain and incontinence. |
| Digestive System - Illness/Damage Resulting from Non-Traumatic Injury (i) | £38,430 to £52,500 | Serious toxicosis leads to acute pain, diarrhoea, fever and vomiting where the person requires hospital admission for some days or weeks. |
| Spleen | £20,800 to £26,290 | Loss of the spleen where the risk of internal infection and disorders persists because of the immune system damage. |
Could I Claim Special Damages Compensation?
Special damages could also be awarded as part of your payout. This second head of loss compensates for the financial expenses incurred due to medical negligence. This can include, for example:
- Medical bills.
- A loss of earnings.
- Care costs.
- Travel costs.
Evidence, in the form of travel tickets, wage slips, and receipts can help prove these losses.
Give us a call and speak with an advisor to discuss how much compensation for medical negligence you could receive.
Start A No Win No Fee Misdiagnosis Claim
One of our medical negligence solicitors could help you seek compensation, if you have valid grounds to move ahead with your case. They could offer their services in a No Win No Fee capacity by providing you with a contract called a Conditional Fee Agreement (CFA). Under the terms of a CFA, you would not pay the solicitor for their work:
- At the start of the case.
- During the process.
- After a losing claim.
Following a successful claim, you will receive compensation. Your solicitor will take a percentage of this as their success fee. The Conditional Fee Agreements Order 2013 applies a cap to the percentage that your solicitor can take.
Contact Us
If you have any questions about starting a claim for a stomach ulcer misdiagnosis, please contact an advisor. They can assess your eligibility to proceed and may connect you with one of our medical negligence solicitors. Alternatively, they can answer your questions and provide any other information you may require about starting a claim.
To reach them, you can:
- Call 0800 652 3087.
- Write to us about your claim online.
- Start a conversation on live chat through the pop-up window below.
Learn More About Claiming For Misdiagnosis
For more handy information, check out these guides:
- A guide on medication dosage errors and when you can claim compensation.
- Learn what to do if an operation has gone wrong and caused avoidable harm.
- Find out your options if you suffered a stomach cancer misdiagnosis.
Additionally, try these resources:
- Royal College of Nursing – Information on a nurses’ duty of care.
- General Medical Council – Information on ethical guidance that doctors should follow.
- GOV.UK – Guidance on the NHS Constitution for England.
Thank you for reading our guide on when you could start a medical negligence claim for a stomach ulcer misdiagnosis. Our advisors are available and ready to chat if you want any further information.