How Do I Claim For Oesophageal Cancer Misdiagnosis?
Our guide discusses how you may be able to claim compensation for the effects you suffered after your oesophageal cancer misdiagnosis. We highlight the criteria that are set out and what the time limits are to make a medical negligence claim. We also explain the standard of care that is required of medical professionals when they are treating you.
Additionally, we elaborate on the potential causes of cancer misdiagnosis and how a delay in necessary treatment can affect you. Our guide also explores the evidence that will be useful in proving medical negligence and how the Bolam test may be used to support your claim.
We look at how compensation is calculated in medical negligence claims. Moreover, we detail the resources solicitors may consult when valuing the harm you have suffered and the different damages you could receive.
Furthermore, our guide highlights how No Win No Fee agreements work if a solicitor offers you such and how the outcomes of this arrangement can depend on your claim’s success.
Please keep reading if you want to know more about how you could claim for oesophageal cancer misdiagnosis. Comparatively, you can discuss your questions about medical negligence compensation claims with a member of our team in the ways listed below:
- Call us on 020 3870 4868
- Contact us through our online claim form
- Refer to our live feature for advice and further support
Browse Our Guide
- How Do I Claim For Oesophageal Cancer Misdiagnosis?
- Causes Of Cancer Being Misdiagnosed
- Proving A Doctor Acted Negligently
- What Compensation Am I Entitled To After Oesophageal Cancer Misdiagnosis?
- How No Win No Fee Medical Negligence Solicitors Could Help You
- Learn More About Claiming For The Misdiagnosis Of Cancer
You could be eligible to claim for the effects you suffered after an oesophageal cancer misdiagnosis. Medical professionals must deliver the correct standard of care to their patients. If they fail to do this and they deviate from the correct and expected standards, causing you avoidable harm, there could be grounds for a medical negligence claim.
To prove this, the criteria are as follows:
- A duty of care existed between the medical professional and yourself.
- They breached this duty.
- This breach caused harm.
The breach must result in harm for a claim to be viable. If there is a breach of duty, but no harm occurs, then you will not be able to make a claim. The harm caused must be considered preventable and unnecessary to be classed as medical negligence.
Is There A Time Limit To Claim Compensation?
The Limitation Act 1980 outlines the time limits that exist in relation to starting a claim. Generally, you will be given three years from the date of the harm or from the date you learned of the negligence.
There are exceptions to these limitations. For medical negligence claims concerning a child, a person will be given three years from their eighteenth birthday to start a claim since they were under eighteen at the time of the harm.
Similarly, the time limit will pause if a person lacks the mental capacity to claim. It will continue if the person recovers and regains their mental capability to start a claim. They will have three years from the recovery date to do so.
These exceptions exist if a person has not already made a claim on the individual’s behalf. This is done by a litigation friend, who is usually an adult connected to the individual and has the person’s best interests.
Oesophageal cancer is typically found in the oesophagus, which connects your mouth to your stomach. Cancer in this area can spread to places such as the lungs, stomach, lymph nodes, and in some rarer cases, the brain. Being misdiagnosed may cause cancer to spread if it is left untreated.
Many circumstances can cause a misdiagnosis:
- Your doctor may not listen to your symptoms correctly when you are relaying them, leading to a delayed diagnosis.
- Further tests you require are delayed or fail to happen at all due to a hospital receptionist failing to send out your appointment. This can result in a further delay in treatment.
- Test results may have been misplaced, causing a delay in the required specialist treatment as you were given someone else’s diagnosis.
Call our advisors now so that they can assess your case. Not all cases of misdiagnosis will mean a claim is eligible. Liability must be proven.
If you have decided to make a medical negligence claim being able to prove that the harm you suffered was a result of the actions of a negligent medical professional will be useful. Numerous forms of evidence can be advantageous to your medical negligence claim, including:
- Hospital reports.
- Treatment plans.
- Reports from an independent medical appointment.
- Statement of diagnosis.
The Bolam test may also apply to your claim and serve as a piece of useful evidence depending on the findings.
This involves a panel of trained medical professionals judging the care of the medical professional responsible for treating you. If they agree that your care was below the correct standard and they would not have acted this way with their patients, this assessment will support your medical negligence claim.
When valuing the harm you suffered due to your oesophageal cancer misdiagnosis, solicitors may use the Judicial College Guidelines to help them. These compensation brackets offer guidelines for various forms of harm.
One form of award you may receive is general damages. These compensate you for the pain you have endured as a result of your oesophageal cancer misdiagnosis. The table below shows these figures. However, they are only a guide, and it is no guarantee you will receive these.
|Brain - Very Severe||There is little if any language function and meaningful response to the environment. Full-time care is required.||£282,010 to £403,990|
|Brain - Moderately Severe||There is serious disability causing substantial dependence on others to provide constant care.||£219,070 to £282,010|
|Brain - Moderate (ii)||Dependence on others is reduced and there is a moderate to modest deficit in their intellectual capabilities. The senses are affected and the ability to work is greatly reduced.||£90,720 to £150,110|
|Lungs||A young person experiencing serious disabilities with a probability of the condition worsening.||£100,670 to £135,920|
|Lungs||Lung cancer usually in an person who is older and experiences severe pain, impaired function and a lesser quality of life.||£70,030 to £97,330|
Another kind of compensation you could claim for is special damages. These repay you for the monetary expenses you incurred due to the harm you suffered. Their purpose is to restore you to the financial position you were previously in before you experienced harm.
Evidence will be beneficial to have when claiming for these losses. Examples include:
- Payslips that can illustrate the impact on your earnings.
- Invoices to show the costs you have incurred from making adjustments to your home so that your space is suitable for you after the harm.
- Documentation of travel costs such as public transport tickets.
For more information about claiming for special damages, please speak to our advisors.
A solicitor could potentially offer to work on a No Win No Fee basis if you choose to work with one. A Conditional Fee Agreement is a common type of this.
These typically operate in a way which means you have no obligation to pay for the services which your solicitor provides if your claim is unsuccessful. Alternatively, if your claim is successful, a fee will be taken by the solicitor.
These are called success fees, and they are a proportion of your compensation that a solicitor will deduct in the event of your claim being a success.
This percentage will usually be discussed between you and your solicitor before you choose to enter into the agreement. The Conditional Agreements Order 2013 is also in place to restrict the percentage that solicitors take.
To receive further support on how you can make a claim for your oesophageal cancer misdiagnosis, please get in contact with our team in the following ways:
If you found our guide on how you can claim for an oesophageal cancer misdiagnosis useful, please visit our other pages for more information:
- Am I Eligible To Claim For A Medication Error?
- Medical Negligence Claims Against The NHS
- How To Report A Doctor For Medical Negligence
For external information, visit the links below: