Oesophageal Cancer Misdiagnosis Claims In The UK Explained

Oesophageal cancer misdiagnosis occurs when a healthcare professional fails to diagnose a tumour or cancerous cells within the food pipe (oesophagus). This may arise from a clinician’s failure to refer a patient for further testing, their dismissal of clear-cut symptoms, or an inadequate endoscopy procedure. A misdiagnosis can mean early medical intervention does not occur, which can allow oesophageal cancer to spread, cause severe difficulty swallowing, and result in unintentional weight loss.

To seek compensation for an oesophageal cancer misdiagnosis, you must show that a medical professional breached their duty of care, causing you avoidable harm. This duty requires oncologists, radiologists, GPs, and all other healthcare providers to ensure that patients receive the correct standard of care. A breach occurs when care falls below this standard; for example, if a doctor fails to refer you to a specialist despite persistent symptoms of suspected oesophageal cancer. If this substandard care worsened your condition or long-term prognosis, you may have grounds for a claim. 

Any cancer diagnosis is overwhelming, but the impact of a negligent misdiagnosis often brings additional physical and emotional challenges. Our solicitors understand this acutely and use their years of experience to help clients seek compensation for the physical harm, psychological damage, and provable financial losses that have been endured. With a tailored approach, they can also develop a recovery plan that suits your needs and connect you with specialists who can help you get back on your feet. 

Get In Touch

For a free case consultation, please get in touch with our advisory team. They’re available to discuss any questions you might have, can assess the facts of your case and explain the options available to you. 

You can reach our advisors by:

• Calling us on 0161 696 9985
• Contacting us online
• Speaking to an advisor using the live chat

Jump To A Section

1. How Could Medical Negligence Lead To Oesophageal Cancer Misdiagnosis?
2. How Much Compensation Could Be Paid For Misdiagnosed Oesophageal Cancer?
3. What Conditions Could Oesophageal Cancer Be Misdiagnosed With
4. The Signs And Symptoms Of Oesophageal Cancer
5. How Is Oesophageal Cancer Diagnosed?
6. The Complications Of Misdiagnosed Oesophageal Cancer
7. How Can Advice Help After An Oesophageal Cancer Misdiagnosis
8. Learn More

How Could Medical Negligence Lead To Oesophageal Cancer Misdiagnosis?

Medical negligence can lead to an oesophageal cancer misdiagnosis through a healthcare provider ignoring persistent red flag symptoms, providing inadequate clinical assessments, or failing to refer patients with suspected cancer to specialists. Specific examples of how negligent care might result in a cancer misdiagnosis include:

• A GP repeatedly prescribes medication for gastroesophageal reflux disease (GERD) for a patient with a burning sensation in the chest and difficulty swallowing. Despite the patient showing clear signs of suspected oesophageal cancer and reporting that the medication is not working, their GP fails to refer them for an endoscopy. This delay means the cancer goes undetected, allowing the disease to spread to the lymph nodes.
• A clinician rushes the gastroscopy and fails to fully visualise the oesophagus. They also neglect to take any biopsies of the area with suspected cancer. As a result, the opportunity to detect the cancer while it is still localised is missed, causing the patient to suffer severe digestive damage and long-term psychological harm.
• A gastroscopy is performed with defective medical equipment, rendering a clinician unable to properly examine the patient’s oesophagus. The subsequent failure to schedule a follow-up means the oesophageal cancer goes untreated, leading to the patient experiencing permanent damage to their lungs and liver. 

These examples are not extensive, so if you would like to discuss the circumstances of your own oesophageal cancer misdiagnosis, please speak with our advisory team today. 

How Much Compensation Could Be Paid For Misdiagnosed Oesophageal Cancer?

The amount of compensation you could be paid for misdiagnosed oesophageal cancer is dependent on the impact on your daily life, the extent of the harm, and the presence of financial loss. Compensation in medical negligence cases can comprise 2 distinct heads of claim, known as general and special damages. 

The first of these heads, general damages, is compensation for the physical and psychiatric impact of experiencing misdiagnosed oesophageal cancer. Special damages, meanwhile, account for the financial impact of this harm.

General damages can be valued in line with the extent of your pain and suffering, as well as the effect on your quality of life. For example, this head can account for a reduced life expectancy or how you have been affected by dysphagia.

When professionals are tasked with calculating the general damages portion of your compensation, they can consider frameworks such as the Judicial College Guidelines (JCG). This is a publication offering guideline compensation brackets for specific types of harm and differing severities.

Below, we have provided a list of brackets taken from the JCG, including those covering various forms of organ damage. Please be aware that the top figure is not from the guidelines, and all figures are illustrative only and not a guarantee of compensation.

Guideline Compensation In Medical Negligence Claims

• Various serious forms of harm and special damages – up to £1,000,000+ – compensation for multiple forms of financial loss can encompass income, costs for private oncology care, and dedicated therapy
• Very Severe Head/Brain – £344,150 to £493,000 – there may be minimal ability to follow commands, but very limited response to environment (if at all) and limited to no language function 
• Loss or Damage to Kidneys – £206,730 to £256,780 – affecting both the kidneys
• Double Incontinence – Up to £224,790 – where natural bowel and bladder function is totally lost
• Lungs (a), Serious Disability – £122,850 to £165,860 – where the claimant is young, and there is a high risk of progressive worsening and premature death
• Lungs (b), Severe Pain – £85,460 to £118,790 – typically in an older claimant, with a reduction in quality of life and function impairment
• Bladder, Seriously Impairment of Control – £78,080 to £97,540 – paired with some form of pain and incontinence
• Moderately Severe (b) Psychological Damage – £23,270 to £66,920 – Significant issues, which may relate to the claimant’s capacity to cope with life or work
• Spleen, Complete Loss – £25,380 to £32,090 – with a risk of infection due to immune system damage
• Post-Traumatic Stress Disorder, Moderate (c) – £9,980 to £28,250 – the claimant will have largely recovered, with persisting symptoms not being grossly disabling for them

Can Oesophageal Cancer Misdiagnosis Compensation Cover Financial Loss?

Yes, oesophageal cancer misdiagnosis compensation can also cover financial loss if you have experienced any provable, out-of-pocket expenses due to the unnecessary harm you suffered. This part of a payout, as we discussed briefly above, is awarded under special damages and can encompass:

• Lost earnings due to time off work, as well as future income and pension contributions
• Dietary support and the purchase of blenders or liquid supplements, which are often necessary to accommodate dysphagia
• Private endoscopies and ongoing oncological care, as well as the prescription of immunotherapy drugs
• Home adaptations, ranging from the addition of adjustable beds to shower seats
• Travel costs to and from legal or medical appointments
• Domestic, professional or gratuitous care to help manage daily tasks or prepare specialised meals

However, to be reimbursed under this head, you will need evidence that proves the financial impact caused by suffering harm. This typically includes bank statements, invoices, receipts and payslips, all of which we could help you obtain to build a strong body of financial evidence. 

To learn more about what financial losses can be covered within oesophageal cancer misdiagnosis claims, please get in touch with our advisors today.

What Conditions Could Oesophageal Cancer Be Misdiagnosed With

Oesophageal cancer could be misdiagnosed with various digestive conditions in its early stages, such as acid reflux, due to the symptoms that typically present. There is an overlap with this rare type of cancer and benign digestive conditions, as many of the signs are similar. However, oesophageal cancer could be misdiagnosed as:

• Gastroesophageal reflux disease, due to the similarities of chest pain and heartburn as symptoms
• Peptic ulcers presenting usually with upper abdominal pain
• Esophagitis which is the inflammation of the oesophagus, often as a result of acid reflux, with a burning sensation and swallowing difficulties 
• Oesophageal spasms 

For more information about what conditions oesophageal cancer can be confused with, please get in touch with our advisors today. 

The Signs And Symptoms Of Oesophageal Cancer

While the signs of oesophageal cancer can be hard to spot in its earliest stages due to overlap with certain digestive issues, common symptoms can include difficulty swallowing (dysphagia), indigestion, and heartburn or acid reflux. Other potential indications that would merit further investigation by a healthcare provider can involve:

• Feeling nauseous or being sick 
• Losing weight without trying to
• Pain in your throat or the middle of your chest 
• Coughing up blood or black faeces

These are just some of the symptoms that may present in the early stages of oesophageal cancer, so if you’d like to share your unique situation in confidence, please get in touch with our advisors today. 

How Is Oesophageal Cancer Diagnosed?

Oesophageal cancer is typically tested and diagnosed through the medical procedure of a gastroscopy, which is a type of endoscopy. This is where a flexible, thin tube with a camera is placed down the throat to inspect the oesophagus for any abnormalities. During this procedure, a biopsy can be taken and sent to a lab for testing. 

Gastroscopies can also help detect other abnormalities within the stomach and small intestine. Typically, you will receive your results within 2 weeks of the gastroscopy and biopsy. 

For more information on the diagnosis of oesophageal cancer, please get in touch with our advisors today.

The Complications Of Misdiagnosed Oesophageal Cancer

Due to overlapping symptoms with acid reflux and other less serious conditions, the complications of misdiagnosed oesophageal cancer can have serious consequences for survival rates, treatment options, and the progression of the disease. Below, we take a detailed look at the impact of a misdiagnosis:

• Misdiagnoses can lead to significant delays in patients getting the correct diagnosis, and the consequent impact on treatment may result in cancer metastasis. This occurs when the disease spreads to your lymph nodes, liver, or lungs. In such cases, a life-saving oesophagectomy may no longer be an option, meaning patients become dependent on more aggressive treatment.
• If oesophageal cancer remains undetected, the tumour will likely continue to grow. This can substantially decrease a patient’s survival rates and lead to ongoing, constant pain in the chest or throat. Some patients may also experience gastrointestinal bleeding, which can lead to blood in vomit or black stools.
• The location of this cancer often causes nutritional deficiencies due to progressive dysphagia, which refers to difficulty with swallowing. If this is allowed to progress due to a misdiagnosis, patients may experience unintentional weight loss and malnutrition. This physical weakening can adversely affect a patient’s capacity to tolerate cancer treatment.
• When a misdiagnosis occurs, patients are at risk of being prescribed unnecessary medication for less serious conditions. This can mask the symptoms of the underlying oesophageal cancer, allowing the disease to continue its advancement. The resulting delay in diagnosis may lead patients to undergo unnecessary treatments, scans, or tests.

For more information on the complications of misdiagnosed oesophageal cancer, please get in touch with our advisors today. 

How Can Advice Help After An Oesophageal Cancer Misdiagnosis

Here at Advice, our solicitors have decades of experience advocating for claimants in oesophageal cancer misdiagnosis claims. With a personalised approach from the outset, they can handle all the complexities of the claims process on your behalf whilst also connecting you with specialists who can assist in your recovery.

Our solicitors understand that the impact of an oesophageal cancer misdiagnosis can leave those affected feeling isolated and overwhelmed. This is frequently compounded by the toll on mental wellbeing, particularly when the experience leads to increased anxiety or post-traumatic stress disorder (PTSD). It is one of many reasons why our solicitors put clients at the heart of their work, ensuring they have a place to express concerns or questions about their case from start to finish.

As well as this, some of the services that we can offer include:

• Regular, transparent updates about the progress of your oesophageal compensation claim
• Arranging a medical assessment to evaluate the full impact of the oesophageal misdiagnosis, and how it affected your immediate and long-term health
• Assisting with gathering evidence and presenting this in a way that clearly establishes the timeline of events that resulted in the misdiagnosis, and how negligent care occurred
• Explaining complex legal terminology and other aspects of the medical negligence claims process
• Connecting you with cancer support organisations, therapists, and oncology specialists who can provide the care you need following a misdiagnosis 

Can I Make A No Win No Fee Oesophageal Misdiagnosis Claim?

Yes, you could make a No Win No Fee oesophageal misdiagnosis claim, as all the services offered by our solicitors are offered on this basis. You might be familiar with this term, but might not know how that would work in your own case. When claiming with Advice, this would simply mean your solicitor would offer a contract called a Conditional Fee Agreement, ensuring that: 

• You wouldn’t have any service fee payments upfront in order for a solicitor to start work on your case
• You wouldn’t be faced with ongoing service fees whilst your claim for oesophageal misdiagnosis progressed 
• You’d have nothing to pay in service fees towards the work of your solicitor if your claim were unsuccessful 

On the flip side, if your claim was successful, then a pre-agreed percentage would be taken from your compensation. This percentage is our solicitor’s success fee, and is explained to you prior to starting your claim so that you know exactly what to expect if your case has a favourable outcome.

As we’ve discussed in the preceding section, our solicitors have decades of experience in cancer misdiagnosis claims. This means they can use their expertise to advocate on your behalf to recover compensation that is reflective of the harm you’ve suffered, all on No Win No Fee terms. 

Contact Us To Begin Your Claim

To learn more about how one of our specialist medical negligence solicitors may be able to help you today, please get in touch with our advisors by:

• Calling us on 0161 509 2856
• Contacting us online
• Talking to an advisor using the live chat 

Learn More

Why not read our other guides about:

• How to make a breast cancer misdiagnosis compensation claim
• Cervical cancer misdiagnosis claims and how Advice can help
• Seeking pancreatic cancer misdiagnosis compensation with our solicitors

Helpful external resources:

• The risks and causes of oesophageal cancer – from Cancer Research UK
• The duty of care owed to patients from the Royal College of Nursing
• Some treatments for oesophageal cancer from the NHS

Thank you for reading our guide to oesophageal cancer misdiagnosis today.