If you’ve suffered from misdiagnosed bowel cancer as a result of a breach of duty of care, you may have grounds to make a claim. When you seek medical attention, you are entitled to receive care of a minimum standard. If you can prove that medical negligence was the cause of your unnecessary pain and suffering, you could seek misdiagnosis compensation.
In this guide, we will discuss how bowel cancer could be misdiagnosed. Alongside this, we will explain what steps you can take to start the claims process. This includes collecting evidence to support your claim. This guide will also discuss how claims like these are valued. Furthermore, you can learn about the benefits of No Win No Fee agreements and how you can connect with a solicitor to work with your claim.
Our advisors are available 24/7 to help you with any legal queries. Contact our team for free legal advice and to see if you could start the process of claiming today.
Choose A Section
- What Could Happen As A Result Of Misdiagnosed Bowel Cancer?
- Causes Of A Cancer Misdiagnosis
- How Do I Claim For A Bowel Cancer Misdiagnosis?
- Calculating Compensation For Misdiagnosed Bowel Cancer
- Are No Win No Fee Agreements More Affordable?
- Further Resources About Misdiagnosed Bowel Cancer
Bowel cancer (also called colon or rectal cancer) is one of the most common types of diagnosed cancer in the UK. It occurs when cancerous cells start forming in the large bowel; it can spread to other areas and organs without treatment.
Persistent lower abdominal pain and change in bowel habits are some of the symptoms of this kind of cancer. However, most people with these symptoms with have other health issues and will not be diagnosed with cancer.
Not all cases of bowel cancer misdiagnosis will be caused by medical negligence. For example, your symptoms may be unclear, meaning that you’re misdiagnosed with another condition, such as haemorrhoids, despite your doctor providing the right level of care. However, if you can provide evidence that medical negligence was the cause of your misdiagnosis and that your being misdiagnosed caused you unnecessary harm or a worsening of your condition, you may be eligible to seek a settlement.
Further in this guide, you can see what evidence can support your claim and what steps you can take to claim medical negligence compensation. Alternatively, you can contact our advisors using the banner above for more information.
Official Misdiagnosis Statistics
UK cancer charity Macmillan offers help to patients and loved ones who are struggling with cancer. They also report on patient statistics to show the inner workings of cancer patient treatment. The Cancer Patient Experience Survey (CPES) highlights the experience of people living with cancer in the UK.
From this national study in 2021, only 71.7% of patients in England said they were able to discuss their needs and concerns with a medical professional. Those coming from socio-economically deprived areas also reported a worse experience of cancer care. Overall care was scored at 8.87 out of 10, opposing those in the least deprived areas who gave 8.93 out of 10 for the overall satisfaction of care.
Visit the Macmillan website for further information and support.
All medical staff must provide their patients with a minimum standard of care. A failure to do so can result in serious incidents causing pain and suffering to the patient. The way a healthcare professional is expected to act may vary slightly depending on the medical field and the length of time you’ve been in the profession. You can see the outline of doctors’ duties by the General Medical Council.
If a medical misdiagnosis occurs because your doctor fails to notice clear symptoms or indications of bowel cancer, this could be considered negligence. Furthermore, you may be misdiagnosed with bowel cancer if your GP doesn’t check your medical history and brushes off your concerns. If you aren’t sent for further tests, a delay in treatment can worsen your condition. Your cancer may become life-threatening if not treated quickly.
In other circumstances, you may be diagnosed with bowel cancer without having the condition. Undergoing cancer treatments such as radiotherapy and chemotherapy can interfere with the cells in your body. If you don’t have cancer, the effects of receiving the wrong treatment can cause long-lasting and unnecessary complications. With proof of negligence causing your misdiagnosis, you could seek compensation for your pain and suffering.
You must also be within the three-year time limit set out in the Limitation Act 1980 in order to claim. This is three years from the date of the misdiagnosis or three years from the date you learned that a breach of duty of care caused harm. Our advisors can support you with any further information on starting the claims process. Call us today using the banner above.
To make a medical negligence claim for misdiagnosed bowel cancer, you must have supporting evidence to prove negligence caused your pain and suffering. This could include:
- Photographs of the pain and suffering you endured.
- A diary of your symptoms and details of treatments.
- Medical records, including test results and hospital admissions.
Alongside gathering evidence, you may find it useful to speak to a legal professional for advice. Our team can provide you with free legal advice to help you with any aspect of the claims process. This can give you more understanding of the steps you need to take to seek misdiagnosis compensation. Contact us today to get the claims process started.
Legal professionals calculate medical negligence payouts with the help of a document called the Judicial College Guidelines (JCG). This publication highlights compensation brackets for general damages, which relate to the pain and suffering you experienced due to medical negligence. Both physical and psychological harm can be taken into account when these damages are valued.
We’ve provided some examples from the JCG below. However, please note that these figures will not reflect the exact amount you will receive for your claim. Due to the individual circumstances of each claim, a more detailed estimation will be required.
|Bowel (a)||Up to £184,200||Cases include medical complications alongside double incontinence and total loss of bowel function.|
|Bowel (b)||Up to £150,110||The level of award will depend on the age of the patient due to their total loss of natural bowel function.|
|Bowel (c)||In the region of £79,920||Passive incontinence and faecal urgency persist after surgery, causing distress and embarrassment.|
|Bowel (d)||£44,590 - £69,730||Temporary colostomy may be required after severe abdominal injury. This condition can restrict the chances of employment and the patient's diet.|
|Bowel (e)||£12,590 - £24,480||Some permanent damage is caused to the bowel but there is an eventual return to natural control and function.|
|Bladder (a)||Up to £184,200||Cases include medical complications alongside double incontinence and total loss of bowel function.|
|Bladder (b)||Up to £140,660||The patient has no control of their bladder function.|
|Bladder (c)||£63,980 - £79,930||Serious impairment of bladder control can cause some pain to the patient.|
|Spleen (a)||£20,800 - £26,290||A continuing risk of infection is caused due to the loss of the spleen and damage to the immune system.|
|Spleen (b)||£4,350 - £8,640||Damage to the spleen where the above risks are minimal or not present.|
You may also be eligible to claim special damages. This second head of claim covers financial losses you may have incurred after being harmed by medical negligence. For example, if you’re unable to work due to the severity of your condition, you can claim for loss of earnings.
As discussed above, it is vital to provide evidence to support your claim. For special damages, this can include relevant bills, receipts, and bank statements.
For further advice regarding calculating compensation and starting your misdiagnosed bowel cancer claim, contact our team today. If you have a valid case, you could be connected with a No Win No Fee solicitor from our panel.
No Win No Fee medical negligence solicitors can represent you in your misdiagnosed bowel cancer claim. Conditional Fee Agreements (CFA) are a kind of No Win No Fee agreement that you could be offered by a solicitor from our panel, It requires you to pay a success fee on the condition that your claim is successful. It is taken from your settlement total with a legal cap to ensure you keep the majority of compensation.
There is usually no need to pay an upfront or ongoing fee to your lawyer with this kind of agreement in place. You also won’t generally have to pay your lawyer in the case that the claim fails.
If you have a valid claim, you could connect with a solicitor from our panel. See below for our contact information.
Start A Misdiagnosed Bowel Cancer Claim
You can connect with our advisors at any time that suits you. Our team can provide you with free legal advice and help you start the claims process after being misdiagnosed with bowel cancer as a result of negligence.
If you need more information about making a misdiagnosed bowel cancer claim, the following links may be helpful to you.
Find more of our guides here.
Additional resources are available below.
Writer Jess Arkinsaw
Publisher Fern Strickland