Can I claim compensation for bowel cancer negligence?
All medical professionals have a duty of care towards their patients but, when things go wrong, many patients are left unsure whether their case amounts to a medical negligence claim. Speaking to a professional or law firm that deals with bowel cancer misdiagnosis claims is the best first step.
We understand that it can be difficult in the early days when you and your family may be shocked by the diagnosis or are struggling due to complications and illness, but our team can support you through this process.
Our team are experienced in guiding patients and their families through the claims process sensitively and compassionately.
If your doctor failed to act on symptoms and this led to the development or growth of a cancerous tumour, you may be able to claim compensation due to a missed or delayed diagnosis. You can also claim on behalf of a loved one in certain circumstances. Please contact us if you are not sure whether you are the right person to act on behalf of your loved one.
As No Win No Fee solicitors, we are more than happy to discuss whether you have a potential bowel cancer misdiagnosis claim before you take any formal action. All initial enquiries are free and carry no obligation to go further.
What are examples of bowel cancer misdiagnosis negligence?
There are several ways that bowel cancer can be misdiagnosed. Should you experience any of the following, then you may have grounds to bring forward a claim:
- Failure to carry out a proper examination
- Failure to gather the medical history of the patient or their family
- Failure to refer a patient to a specialist
- Failure to read and interpret test results accurately
- Failure to identify cancer as a potential cause of a patient’s symptoms
- Failure to identify cancer or a suspicion of cancer on a scan or test
- Failure to recall a patient for a repeat scan or test
- Failure to provide the appropriate treatment for the bowel cancer
What causes bowel cancer?
Bowel cancer normally forms in the bowel or colon and, as with all cancers, it can develop for many reasons. Non-cancerous growths within the bowel are not uncommon, however, so the presence of any lumps should not immediately cause worry.
Some of the reasons why doctors think bowel cancer may form are:
- Poor diet
- Hereditary condition
- Smoking
- Alcohol
- Being overweight with a high BMI
- Associated conditions such as Crohn’s disease or ulcerative colitis
What are the symptoms of bowel cancer?
A bowel cancer diagnosis can be delayed as initial symptoms may be minor and missed or minimised by the patient. You should always consult a doctor if you notice any of the following:
- Blood in stool
- Long-lasting constipation or diarrhoea/ A change in bowel habit
- Pain in the abdomen
- Sudden weight loss that cannot be explained
- Fatigue
In the later stages, bleeding internally within the bowel may cause anaemia, which can lead to feelings of tiredness and being out of breath. Your abdomen may start to swell and sickness may develop.
How is bowel cancer treated?
Your doctor should arrange tests as soon as possible if they suspect bowel cancer. These tests should be carried out under a two-week wait referral. If they confirm the diagnosis, the next step may be surgery, which is usually followed by chemotherapy or radiotherapy depending on the stage of the disease and the treatment plan put together by your oncology team. The earlier the diagnosis, the better chance there is of recovery.
If your or your loved one’s diagnosis is made late or not at all due to failings by a healthcare professional, then you may be able to claim for bowel cancer negligence.
If the cancer has spread and is no longer treatable, your options are limited or you require more extensive surgery due to misdiagnosis or a delay in diagnosis, then a claim should be considered. You can make a claim as the patient or on behalf of a loved one depending on the circumstances, so consult our legal experts as soon as possible.
Why should I make a bowel cancer misdiagnosis negligence claim?
Living with and recovering from cancer can be difficult for many reasons and receiving compensation may help you cover any losses you have suffered due to your bowel cancer misdiagnosis. This can include a loss of earnings due to an inability to work as well as paying for treatment or therapy to recover from the trauma and pain it has caused you.
You should not be left with the burden of a misdiagnosis and we understand how difficult it can be to move on from a situation like this. If you believe you may be due compensation for a bowel cancer misdiagnosis, then we are here to help.
Contact us today and our team will listen carefully to your story and note down any details that may help with your case. If we believe you have a potential claim for bowel cancer negligence, then we will let you know – and it will be your choice if you wish to proceed.
Helen Neville, Solicitor and Deputy Head of Clinical Negligence says:
“I and the team have dealt with multiple cases concerning the delay in diagnosis and treatment of bowel cancer. In fact, some of the team’s family members have suffered and died from this disease, so we will treat you and your case with sensitivity and empathy.
We see all too often that patients are not referred for the appropriate tests (such as a faecal sample or colonoscopy) or a tumour is missed on a scan. Quite often doctors diagnose patients with IBS/Irritable Bowel Disease, but sadly it is more sinister, and a late diagnosis has meant the cancer has progressed and is uncurable.
We have the expertise and the knowledge to help you and your loved ones.”
Why choose Been Let Down for my bowel cancer misdiagnosis claim?
If you have been let down by a medical professional and think you might be entitled to compensation for a bowel cancer misdiagnosis, then we want to help you through this difficult time.
At Been Let Down we:
- Always keep your best interests at heart. Your dedicated solicitor will keep you up to date with your case throughout the process, ensuring you always know what is going on with your claim.
- Are regulated by The Solicitors Regulation Authority and members of both The Law Society and Liverpool Law Society.
- Can take your case on a No Win No Fee basis, so you can have peace of mind that there will be nothing to pay if your case isn’t successful.
- Are proud to be able to point to glowing client reviews that vouch for our services.
- Understand what is needed to win your bowel cancer misdiagnosis case and get you the compensation you may be owed.
- Are accredited and recommended by The Law Society Clinical Negligence Panel and The Association of Personal Injury Lawyers and ranked in The Legal 500 and Chambers and Partners for clinical negligence.
Bowel cancer misdiagnosis FAQs
Yes. You can make a medical negligence claim for bowel cancer misdiagnosis on behalf of someone else if they:
- Are under the age of 18
- Are incapacitated and unable to do it themselves
- Have passed away
If you are unsure if you can make a claim on behalf of another person, then contact us and our legal team can advise you further.
As with most medical negligence cases, there is a three-year time limit to claim for bowel cancer misdiagnosis.
There are certain exceptions to this time limit. For example, parents or guardians can claim on behalf of a child at any point until they turn 18 but then they will have three years to make a claim themselves from their 18th birthday (so until their 21st birthday). You can also claim for a patient who has passed away; this three-year time limit starts on the date of their death (if limitation on their claim had not expired before they died). If you are making a claim for an incapacitated adult, then you can do so at any time under the Mental Capacity Act 2005. Should they regain their functionality, then the three-year time limit for them to claim on their own will commence.
Whatever your situation, we recommend speaking to our specialists as soon as possible if you think you have suffered from bowel cancer negligence. Doing so will make it easier to gather the accurate evidence needed to prove your case and, if liability is admitted, we may be able to help access funds from the defendant to help with rehabilitation and care costs.
There is no quick and easy answer to this question as every bowel cancer negligence or misdiagnosis case is different. The amount you could receive will depend on factors such as:
- The severity of your illness
- How it has affected your life and those around you
- Financial impacts such as being unable to work or care for family members
- Future treatment required
Our specialists will work to establish an appropriate amount of compensation for your situation.
We take many of these cases on a No Win No Fee basis. This means that you will have no legal fees to pay if your claim is unsuccessful. If your case is successful, deductions of up to 25% will be made from your compensation, which will be explained in full by our expert team and agreed with you before the claim is launched.
Yes, claims can be made against the NHS if you have received insufficient care. The process is slightly different to private care but our solicitors are experienced in handling claims against the NHS for various types of medical negligence. If you believe you have a case, then our team could help you get the compensation you need to build your life back up.
NHS Resolution is responsible for dealing with claims made against the NHS in England and it works with an annual budget to ensure compensation is paid out fairly to all who successfully claim it. This means that you won’t have to worry about taking money away from the services that the NHS provides when you make a claim.
There will be no legal fees to pay up front if your case is taken under a No Win No Fee agreement. Instead, we will agree on a percentage of your compensation to be paid to us should you win your compensation claim. If your case is not successful, you won’t pay a penny.
We are here to help you
We are here to support you through your or a loved one’s misdiagnosis. Contact our bowel cancer negligence specialists today and get the legal support you need to move forward.
Please call 0800 234 3234 or contact us and a member of our friendly legal team will call you back.
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Sara is a qualified Solicitor and Head of the Liverpool Clinical Negligence Department at Been Let Down.
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