When Could You Claim For The Misdiagnosis Of Oesophageal Cancer?

Misdiagnosis Of Oesophageal Cancer Compensation

Misdiagnosis Of Oesophageal Cancer Compensation Claims Guide

The misdiagnosis of oesophageal cancer can have serious consequences. Oesophageal cancer is cancer that develops anywhere in the oesophagus, the tube that passes food from your mouth to your stomach.

This guide will explain when you could make a claim if your cancer was misdiagnosed. We will also touch on the duty of care owed to you by medical professionals and how a breach of this duty could cause you harm. Following this, we will discuss how solicitors value medical negligence compensation and provide some examples of settlement guidelines.

If you would like to find out if you could be eligible to claim, our advisors can help. Through a free consultation, an advisor from our team can help you determine whether or not your claim could be valid. If it is, they may connect you with one of the expert solicitors on our panel. To start your consultation:

Browse Our Guide

  1. When Could You Claim For The Misdiagnosis Of Oesophageal Cancer?
  2. Oesophageal Cancer Types
  3. How Do I Show I Was Injured Due To Clinical Negligence?
  4. What Am I Entitled To For Misdiagnosis Of Oesophageal Cancer?
  5. Get Advice On No Win No Fee Claims For The Misdiagnosis Of Oesophageal Cancer
  6. Further Advice On Cancer Misdiagnosis Claims

When Could You Claim For The Misdiagnosis Of Oesophageal Cancer

Misdiagnosis can occur in several ways; not all of these are classified as medical negligence. In order to claim for medical negligence, you have to prove that:

  • A medical professional owed you a duty of care
  • They breached this duty
  • You suffered unnecessary harm as a result

All medical professionals owe a duty of care to their patients. This means that the treatment they provide has to meet an expected standard of care. If it does not, and you experience unnecessary harm, this is known as medical negligence.

In some cases, misdiagnosis is unavoidable. For example, if your symptoms do not indicate oesophageal cancer, then it may not be reasonable to make a diagnosis. In this case, you may not be able to claim, as the medical professional treating you did not act negligently.

An advisor from our team can help you identify whether your claim for a negligent misdiagnosis of oesophageal cancer is valid when you get in touch.

Are There Time Limits For Clinical Negligence Claims? 

The Limitation Act 1980 states that you have three years to start a medical negligence claim. This begins on the date that you become aware that your misdiagnosis was caused by medical negligence.

There are some exceptions to this limitation period; to learn more, or to start your claim for negligent misdiagnosis of oesophageal cancer, get in touch with our team.

Oesophageal Cancer Types 

According to Cancer Research UK, around 9,300 cases of oesophageal cancer are diagnosed every year in the UK (2016 – 2018). This averages out to around 25 cases per day.

The cancer you are diagnosed with depends on the cell in which it starts. Types of oesophageal cancer include:

  • Adenocarcinoma: These are cancers that develop in glands, and these cells produce mucus in the lining of the oesophagus.
  • Squamous Cell Cancer: This develops from squamous cells in the oesophagus’s inner lining.
  • Lymphoma: These are cancers that develop in the lymphatic system.
  • Sarcoma: Soft tissue sarcomas affect the supporting cells of the body.

Our advisors are here to help if you would like to start a claim for the negligent misdiagnosis of oesophageal cancer. Get in touch today for more information.

How Do I Show I Was Injured Due To Clinical Negligence? 

As we have already mentioned, a vital aspect of forming a valid claim is proving that your misdiagnosis was a result of medical negligence and that it caused you unnecessary harm. As such, it can be extremely beneficial to collect evidence to help you strengthen your claim. This evidence could include:

  • Medical records contain details of your treatment, such as test results and diagnoses. For example, if your GP failed to refer you for further tests, your medical records could help you prove that it was GP negligence.
  • Witness contact details: These could be the details of someone who attended your appointment with you, or another medical professional who was present. This allows a professional to take their statements later.
  • Keeping a symptoms diary: Keeping a diary of your symptoms can help prove that you experienced unnecessary harm. For example, your symptoms may worsen over time or start to have a larger impact on your day-to-day life.

You can collect evidence by yourself, or with the help of a solicitor. Get in touch with our team to find out how a solicitor from our panel could help you strengthen your claim. Or, to learn more about claiming for the negligent misdiagnosis of oesophageal cancer, read on.

What Am I Entitled To For Misdiagnosis Of Oesophageal Cancer

If your medical negligence claim succeeds, you could receive up to two heads of compensation. The first head is general damages, which addresses the harm you undergo as a result of the negligent misdiagnosis. For example, a misdiagnosis can lead to delays in treatment, which can allow your cancer to spread. This could mean new symptoms arise, and can make future treatments less effective.

Oesophageal cancer can spread to the lungs and the brain if left untreated. The brackets are sourced from the Judicial College Guidelines (JCG), a publication that solicitors refer to when valuing general damages amounts for compensation claims.

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Injury Compensation Bracket Notes
Moderately Severe Brain Damage (b) £219,070 to £282,010 A very serious disability that leads to a substantial dependence on others.
Moderate Brain Damage (c) (ii) £90,720 to £150,110 A moderate to modest intellectual deficit is present, and employability is reduced greatly if not removed entirely.
Lung Disease (a) £100,670 to £135,920 A serious disability in a young person, with a probability of premature death due to a worsening condition.
Lung Disease (b) £70,030 to £97,330 Severe pain and impairment caused by lung cancer, typically as found in an older person.
Lung Disease (c) £31,310 to £54,830 Breathing difficulties that require frequent use of an inhaler with an uncertain prognosis.

Please keep in mind that these figures are not guaranteed, and the actual amount you could receive may differ.

Special Damages Awards 

Special damages are the second head of compensation that you could receive. Under special damages, you can potentially claim back any out-of-pocket expenses you had to pay as a result of your negligent misdiagnosis. For example, you could recoup the cost of:

  • Travelling by bus or taxi to and from appointments
  • Home care or help with domestic tasks
  • Counselling or therapy to help you deal with the psychological effects of your misdiagnosis

It’s important to keep any evidence of these costs, such as bills or receipts, to claim them back. Get in touch with our team to learn more about claiming medical negligence compensation following a misdiagnosis of oesophageal cancer.

Get Advice On No Win No Fee Claims For The Misdiagnosis Of Oesophageal Cancer 

If you would like the guidance of a medical negligence solicitor throughout the claims process, our panel of solicitors may be able to help. A solicitor from our panel could offer their services to you under a Conditional Fee Agreement (CFA), which is a form of No Win No Fee arrangement.

When you access a solicitor’s services under a CFA, you do not need to pay an upfront fee for them to begin work on your case, nor do you pay any ongoing fees for their work. The only fee you will pay to your solicitor comes if your claim succeeds, in which case they will take a success fee.

This is a percentage of your settlement, but there is a legislative cap in place to help ensure that you keep the majority of your award. But, if your claim does not succeed, then you do not pay this fee. A solicitor from our panel could offer their services to you under an agreement such as this if your claim is valid.

Speak To Our Team

Our team of advisors are available 24/7 to answer any further questions you may have about claiming for the negligent misdiagnosis of oesophageal cancer. To get in touch:

Further Advice On Cancer Misdiagnosis Claims 

For more helpful articles on cancer misdiagnosis caused by medical negligence:

Alternatively, for more support and resources:

Contact our team today if you have been harmed by a misdiagnosis of oesophageal cancer caused by medical negligence.