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Stomach cancer misdiagnosis can have severe impacts, sometimes leading to a need for aggressive intensive treatments in situations where the cancer has spread. In some serious cases, cancer misdiagnosis can cause a decreased chance of survival, as the underlying condition remains untreated. Not only this, but it can lead to detrimental emotional distress for yourself and your family. If you have suffered avoidable harm, the stomach cancer misdiagnosis claims process could help you seek compensation for the physical, emotional and financial impacts caused by a medical professional’s negligent actions.
At such a challenging time, when you should be focused on recovery, you could be facing psychological worries with rising financial concerns, especially if you’ve been left unable to work. With the right support, a claim could help you seek compensation to fund any ongoing treatments and offer financial redress. Get in touch with our advisors today for a free case consultation, where you can explore the options available with no obligation.
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- Am I Able To Claim For Stomach Cancer Misdiagnosis?
- How Could Stomach Cancer Misdiagnosis Be A Result Of Medical Negligence?
- What Could Stomach Cancer Be Misdiagnosed With?
- Compensation Amounts For Stomach Cancer Misdiagnosis Claims
- What Will I Need To Bring A Misdiagnosed Stomach Cancer Claim?
- Why Choose Legal Helpline To Claim For Stomach Cancer Misdiagnosis
- Frequently Asked Questions
- Learn More
Am I Able To Claim For Stomach Cancer Misdiagnosis?
Yes, you would be able to claim for stomach cancer misdiagnosis if you can show that you suffered avoidable harm after receiving substandard medical treatment. Essentially, to prove your eligibility, we must show:
- You were owed a duty of care by a healthcare provider
- Their duty was breached when they provided care which fell below the correct standards
- This lead to you receiving a stomach cancer misdiagnosis and suffering unnecessary harm
As a patient, you are owed a legal responsibility from all medical professionals who treat you; from doctors to nurses or even pharmacists, all healthcare professionals must provide the minimum expected standard of care.
If they fail to uphold this duty, your stomach cancer could be misdiagnosed, resulting in unnecessary suffering and harm. This would be classed as medical negligence
However, it’s vital to note here that not all medical misdiagnoses will mean a claim is likely, and sometimes a medical professional might’ve acted in accordance with professional standards, but a misdiagnosis happens beyond their realm.
What If I Was Misdiagnosed By The NHS
If you were misdiagnosed by the NHS, you could make a claim provided that it can be shown that they acted negligently. Your claim would be made against the relevant NHS Trust that treated you, and would be handled by NHS Resolution, which is an arms-length body responsible for paying compensation in clinical negligence claims.
Our panel of solicitors have decades of experience in NHS negligence claims, and can guide you through your own claim.
Stomach Cancer Misdiagnosis Claims On Behalf Of A Loved One
You could claim on behalf of a loved one in two specific circumstances, where they are unable to bring a claim independently. In situations where either a claimant is under 18 or mentally incapacitated, you could bring their claim acting as their litigation friend.
This is typically a trusted adult who can handle the claim on their behalf, from discussions with their solicitors to updates on the progress of the claim.
Additionally, in the case that, unfortunately, a loved one has passed away as a result of stomach cancer misdiagnosis, claims can be made. Fatal claims can be made for the deceased’s pain and suffering, and financial losses prior to death. It can also consider how the death has impacted specific relatives (dependents).
It is important to note here that in the first 6 months following the death, only the deceased’s estate is able to bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934. This claim can account for the pain and suffering and economic losses experienced by the deceased. They also have the ability to claim on behalf of the dependents of the deceased.
However, if no claim has been made by the estate within this period, under the Fatal Accidents Act 1976, the dependents can bring their own claim. They can seek compensation for the impact of losing a loved one.
If you’d like to learn more about claiming on behalf of a loved one, please get in touch with us today. Our advisors can discuss this in further depth with you.
How Could Stomach Cancer Misdiagnosis Be A Result Of Medical Negligence?
Stomach cancer misdiagnosis can result from medical negligence if, for example, a medical professional fails to recognise or appropriately investigate your symptoms. Not only this, but medical negligence could lead to stomach cancer misdiagnosis if:
- You visit your GP with difficulty swallowing and severe abdominal pain. Your GP diagnoses you with acid reflux without ordering any further testing, resulting in your stomach cancer going undiagnosed and untreated.
- Your test scans were misread and misinterpreted by a doctor. This resulted in you being diagnosed with stomach ulcers, causing a worsening of your underlying stomach cancer, which later required more aggressive treatments.
- After a biopsy is taken, due to administrative errors, your test results are mislabelled and mixed up with those of another patient. This results in your GP misdiagnosing your stomach cancer as a gastric abscess, and it is exacerbated following this.
These aren’t the only ways that stomach cancer could be misdiagnosed, so to learn more about claiming in your own specific circumstances, contact our advisory team today.
What Could Stomach Cancer Be Misdiagnosed With?
Stomach cancer could be misdiagnosed as less severe gastrointestinal issues, such as gastritis or peptic ulcers, as the early symptoms present similarly to other stomach conditions. Additionally, stomach cancer could be misdiagnosed as:
- Gastrooesophageal Reflux Disease (GERD)
- Irritable Bowel Syndrome (IBS)
- Stomach lymphomas
- Bacterial or viral gastroenteritis
- Gastritis
- Peptic ulcer disease
To discuss the circumstances of your own stomach cancer misdiagnosis claim, please get in touch with our advisory team today.
Compensation Amounts For Stomach Cancer Misdiagnosis Claims
Compensation amounts in stomach cancer misdiagnosis claims are dependent on the severity of the harm you have suffered, as well as any loss of amenity. In addition to this, compensation can encompass two different heads of loss, called general and special damages.
General damages are compensation for the physical and psychological impacts caused by the harm you suffered. This head of claim can consider the extent of pain, suffering and any loss of amenity.
Special damages, however, are compensation for the financial losses you could’ve incurred. We discuss this in more detail in our section below.
To explore compensation amounts, we can consider how these heads of loss are calculated. When general damages are being valued, professionals can make reference to frameworks such as the Judicial College Guidelines (JCG). This document provides guideline compensation brackets for certain types of harm based on severity.
Below, we have provided a table with figures taken from the JCG to show suggestive awards in stomach cancer misdiagnosis claims. Please be aware that the top entry has not been taken from the JCG, and that these figures are guidelines only.
| Type of Harm | Severity | Compensation |
|---|---|---|
| Multiple Severe types of harm and special damages | A number of serious forms of harm paired with special damages such as medical expenses, lost earnings and costs of professional care | Up to £1,000,000+ |
| Kidney | Severe a) - serious and permanent damage to or complete loss of both kidneys | £206,730 to £256,780 |
| Bowels | Severe a) - cases where double incontinence is present with the loss of natural bowel function, and entire loss of urinary function and other medical complications | Up to £224,790 |
| Bowels | Serious b) -total loss of natural function and reliability on colostomy, depending on age | Up to £183,190 |
| Bladder | Complete loss of function - loss of both control and function | Up to £171,680 |
| Bladder | Seriously impaired control - impairment of control with some pain and incontinence | £78,080 to £97,540 |
| Digestive System - Non Traumatic Injury | Severe (i) - severe toxicosis causing pain, requiring hospital admission and causing continued incontinence | £46,900 to £64,070 |
| Psychiatric Damage Generally | Moderately severe (b) - long-standing disability preventing a return to comparable employment | £23,270 to £66,920 |
| Spleen | Severe (a) - loss of spleen with continued risk of infection and damage to the immune system | £25,380 to £32,090 |
| Spleen | Moderately severe (b) - minimal risks of infection and continued damage to immune system | £5,310 to £10,550 |
What Other Damages Can I Claim Misdiagnosed Stomach Cancer Compensation For?
Other damages you could claim misdiagnosed stomach cancer compensation for include special damages for the financial losses the medical negligence has caused you to experience. These special damages can include:
- Loss of earnings: both current and future, and can also encompass pension contributions or bonus payments
- Medical costs: ongoing prescriptions, therapies or private healthcare treatments
- Home or vehicle modifications: any adaptations which would aid in your recovery or accessibility
- Travel costs: associated expenses for taxis taken to and from appointments or other reasonable travel costs
- Care costs: if you require childcare, or professional or domestic support from family members, any associated costs can be claimed back
In order to seek special damages, you will need to hold evidence that proves them. This can include payslips, invoices, travel receipts or bank statements that demonstrate these losses.
For more information about what you could claim for, get in touch with our advisors for a more tailored discussion.
What Will I Need To Bring A Misdiagnosed Stomach Cancer Claim?
When bringing stomach cancer misdiagnosis claims, you will need evidence that proves medical negligence. This can include documents, including:
- Medical records, including any tests, scans or X-ray findings
- Contact details of anyone who might’ve witnessed the treatment you received
- Any correspondence between yourself and the healthcare provider who treated you
To learn more about the evidence you could gather, you can read our dedicated guide on how to prove medical negligence. Through working with a solicitor from our panel, you could have assistance when gathering this evidence.
Additionally, when bringing a claim, you will need to ensure that it is started within the claims time limit. As per the Limitation Act 1980, you will typically have 3 years from either:
- The date of the negligent treatment
- The date of knowledge (where you realised that you received substandard care)
To learn more about this time limit and the exceptions that apply, you can read our dedicated guide on the compensation claims time limit.
If you’d like to learn more about what evidence is useful in stomach cancer misdiagnosis claims, please get in contact with our advisors today.
Why Choose Legal Helpline To Claim For Stomach Cancer Misdiagnosis
You should choose Legal Helpline to claim for a stomach cancer misdiagnosis as our panel of specialist solicitors can offer support throughout every stage of your claim, by offering a tailored service built around your needs.
By offering to take cases on a No Win No Fee basis under a Conditional Fee Agreement, you’d have no upfront payments for a solicitor from our panel to begin work on your stomach cancer misdiagnosis claim. Not only this, but you’d have no ongoing solicitors’ costs during the progression of your claim, and nothing to pay for their services if your claim were to fail.
Rather, if your claim was successful, then a limited percentage would be taken from your compensation as a success fee. This is capped by the Conditional Fee Agreements Order 2013, ensuring that you receive the majority of your compensation.
In addition to the benefits of a Conditional Fee Agreement, you can expect:
- Clear, concise updates about how your case is getting on
- Support with arranging independent medical assessments
- Help compiling evidence to prove medical negligence
- Handling the entire claims process on your behalf, from correspondence to negotiating a settlement
Contact Our Advisors
Get in touch with our advisors today for a free case consultation:
- Call us on 0333 000 0729
- Contact us online
- Speak with an advisor using the live chat
Frequently Asked Questions
Below, we answer some of the most common questions regarding stomach cancer:
What Are The Symptoms Of Stomach Cancer?
Some of the most common symptoms of stomach cancer include:
- Difficulty swallowing
- Indigestion, heartburn or acid reflux
- Feeling or being sick
- Loss of appetite or losing weight without trying
- Lump at the top of your stomach
What Can Cause Stomach Cancer?
It isn’t always clear what has caused stomach cancer, however certain groups of people are at higher risk. This includes:
- Those over 50
- Men
- Those with helicobacter pylori long-term infections
- Severe acid reflux, gastritis, pernicious anaemia or certain stomach conditions
- Close family history of stomach cancer
How Is Stomach Cancer Diagnosed?
Stomach cancer is diagnosed through a gastroscopy, where a specialist places a thin tube down your throat and into your stomach. They could also perform a biopsy, where a sample is taken for further testing.
What Treatment Is Available For Stomach Cancer?
Treatment for stomach cancer typically includes surgery, chemotherapy and potentially radiotherapy. Additionally, you might be given targeted medicines.
Learn More
Why not read our other guides about:
- How to make a hospital negligence claim
- Compensation payouts for missed fractures
- How long does an NHS medical negligence claim take?
Useful External Resources
- Information about stomach cancer from the NHS
- Professional standards for doctors from the General Medical Council
- Help and support for stomach cancer from the NHS
Thank you for reading our guide on stomach cancer misdiagnosis claims.
