Was your stomach ulcer misdiagnosed as another condition, such as stomach cancer? Suffering from a stomach ulcer misdiagnosis and not receiving the appropriate treatment can lead to complications like internal bleeding. If you have experienced avoidable harm due to negligent actions from your medical professionals, you may be able to make a medical negligence claim for compensation. The first section of this guide discusses the criteria you must meet to have an eligible medical negligence claim.
How To Claim For A Stomach Ulcer Misdiagnosis
This guide discusses the possible causes of medical misdiagnosis and how to prove that your medical professional is liable for the avoidable harm you have suffered. Furthermore, we explore how medical negligence compensation awarded for the misdiagnosis of a stomach ulcer is calculated.
To conclude, we explain why seeking legal representation with our panel of No Win No Fee solicitors, should you have an eligible medical negligence claim, could benefit you.
Continue reading to learn more. Alternatively, if you have any questions about medical negligence claims, please get in touch with us. We are available to assess your case 24/7. You can reach out via the following contact details:
- Call 0161 696 9685.
- Contact us using our ‘Claim Online‘ form.
- Message an advisor through our live online chat box.
Jump To A Section
- How To Claim For Stomach Ulcer Misdiagnosis
- Why Does Medical Misdiagnosis Happen?
- How Do You Prove Medical Misdiagnosis?
- Examples Of Payouts For Stomach Ulcer Misdiagnosis
- Can Legal Helpline Help With My Medical Negligence Claim?
- Further Guidance On Misdiagnosis Claims
How To Claim For Stomach Ulcer Misdiagnosis
According to the NHS, a stomach ulcer is an open sore in the stomach often caused by an infection or taking anti-inflammatory medications resulting in damage to the layer that protects the stomach lining from acids.
All medical professionals owe a minimum standard of care to all their patients. If a medical professional in charge of your care fails to recognise your stomach ulcer because they provided care that fell below the correct standard, and you suffer avoidable harm from this, this could constitute medical negligence.
However, in order to have valid grounds to start a medical negligence claim for a stomach ulcer misdiagnosis, you must meet the following eligibility criteria:
- You were owed a duty of care by a medical professional.
- A medical professional breached this duty.
- You suffered harm from this that could have been avoided.
However, not all medical negligence misdiagnosis cases will make for an eligible claim. Misdiagnosis can occur even when the correct standard of care has been met. If you have evidence that you meet the eligibility criteria, you can get in touch with us on the number above.
Limitation Periods For Medical Negligence Claims
Under The Limitation Act 1980, the time limit to start a medical negligence claim is either 3 years from the date you suffered preventable harm from a breach in duty of care, or 3 years from the date you were aware that the avoidable harm you suffered was a result from a breach in duty of care.
However, there are a couple of circumstances where the limitation period is paused, such as if the person is under the age of 18, or where the person has a reduced mental capacity. You can learn more about these exceptions by talking with us.
Why Does Medical Misdiagnosis Happen?
Below, we have provided examples of how a stomach ulcer diagnosis could occur.
- A failure or delay in referring you for appropriate tests when showing clear stomach ulcer symptoms.
- Misinterpreting scan image results for another condition.
- Not listening to your symptoms properly and turning you away from the hospital without carrying out any tests.
- Carrying out the wrong tests.
One or more of the above could result in a delay in receiving the correct diagnosis, which can lead to several complications. According to the NHS, complications of a stomach ulcer can include internal bleeding and perforation which is where the lining of the stomach splits open. Perforation can enable bacteria to escape and infect the lining of the abdomen which can then result in sepsis and cause multiple organ failure.
If you are unsure whether your medical professional acted negligently, don’t hesitate to get in touch with us, and we can help whether your stomach ulcer misdiagnosis was an example of medical negligence.
How Do You Prove Medical Misdiagnosis?
You will need evidence for your stomach ulcer misdiagnosis claim to prove that a medical professional was responsible for your avoidable harm and to show the severity of your avoidable harm.
Here is a list of the types of evidence you should try to gather:
- Copies of medical records, such as letters dating your appointments, letters stating your initial diagnosis as well as the correct diagnosis, and test results.
- Witness details from anyone who attended your medical appointments with you as they could be asked to support your claim with a statement.
- A written complaint made by you against your medical professional.
- A personal diary where you have recordings of your symptoms and physical and/or psychological damage.
The Bolam Test
The Bolam Test is a test that may be conducted at some point throughout the medical negligence claims process. A group of medical professionals with experience within the same field will review your case. If they evaluate that the care you received didn’t meet the correct standard, the outcome of this test can be used as part of your evidence.
If you wish to seek legal representation, you could benefit from working with a solicitor from our panel. They have experience handling misdiagnosis claims and could assist you in collecting evidence to support your case.
Find out more about how they could help you and whether you could be eligible to have them represent you, please call us on the number above.
Examples Of Payouts For Stomach Ulcer Misdiagnosis
If your stomach ulcer misdiagnosis claim is successful, you could be awarded an overall payout that consists of general damages compensation and possibly special damages compensation.
First, general damages compensate for the avoidable psychological and physical harm you have experienced from your negligent stomach ulcer misdiagnosis. Considerations given when valuing this head of loss include:
- The severity of your physical and psychological pain.
- How long your recovery period is.
- How extensive your treatment has been.
- The impact on your quality of life.
To help them value general damages, those responsible for calculating your payout can use medical evidence and the Judicial College Guidelines (JCG). The JCG is a document with guideline compensation brackets for all sorts of injuries and illnesses.
Compensation Table
The table below has guideline figures taken from the JCG, except the first figure. None of these figures are definite for what could be awarded as each case varies.
| Harm | Severity | Guideline Compensation Bracket | Comments |
|---|---|---|---|
| More than one serious injury or illness with financial losses | Serious | Up to £1,000,000+ | Compensation could be awarded to address the different impacts of the multiple serious injuries or illnesses, such as the physical and psychological effects and the financial losses caused. |
| Brain damage | Very severe (a) | £282,010 to £403,990 | The person shows minimal or no evidence of having a meaningful response to their environment. They will have poor language function, double incontinence and require full-time nursing care. |
| Moderately severe (b) | £219,070 to £282,010 | The injured person will have a very serious disability. As such, they'll be substantially dependent on others and require constant professional care. | |
| Kidney | Serious (a) | £169,400 to £210,400 | Loss of both kidneys or where both kidneys are seriously and permanently damaged. |
| Significant (b) | Up to £63,980 | Natural kidney function is totally lost and there is a significant risk of the person developing a urinary tract infection in the future. | |
| Loss of one kidney (c) | £30,770 to £44,880 | Where the remaining kidney is unaffected. | |
| Bowel | Double incontinence (a) | Up to £184,200 | There is a complete loss of natural bowel function as well urinary function and control. There are other medical complications. |
| Loss of natural function (b) | Up to £150,110 | There may be a dependence on a colostomy but this is dependent on age. | |
| Digestive system | Severe damage (a) (i) | £43,010 to £61,910 | There is continuing pain and discomfort. |
| Serious non-penetrating injury (a) (ii) | £16,790 to £27,760 | Leading to permanent complications, such as severe indigestion. |
How To Claim For Special Damages
Special damages reimburse the money you have lost from your negligent stomach ulcer misdiagnosis. Examples of the costs you could claim back under this head include:
- Your loss of earnings if time off work is taken.
- Medical costs such as prescription fees.
- Travel costs to and from medical appointments.
It’s important to provide proof of these losses. As such, you should keep hold of any payslips, invoices, receipts, and bank statements.
You can learn more about compensation values for medical negligence claims if you contact us via the number above.
Can Legal Helpline Help With My Medical Negligence Claim?
We have experience helping many eligible claimants seek compensation for medical negligence. Firstly, you can get in touch for a free case assessment and if we determine that you have an eligible medical negligence claim following your stomach ulcer misdiagnosis, we could connect you with one of the No Win No Fee solicitors from our panel. They can use their knowledge of the medical misdiagnosis claims process to help you put together your case and pursue a settlement.
Our panel of solicitors work under a Conditional Fee Agreement (CFA) which is a specific type of No Win No Fee contract. Before and during the claims process under a CFA, you are typically not expected to pay anything for your solicitor’s services. This is also the case if your claim is unsuccessful.
Accordingly, you will have to pay a fee if you win your claim. From your compensation, your solicitor will keep a success fee. A success fee is a percentage of your compensation that is legally capped to ensure the majority of your award is still given to you.
Contact Us
Contact us if you wish to benefit from working with an expert solicitor from our panel under No Win No Fee terms. We can also answer any questions you have regarding your stomach ulcer misdiagnosis claim. To reach out, you can:
- Call 0161 696 9685.
- Contact us using our ‘Claim Online‘ form.
- Message an advisor through our live online chat box.
Further Guidance On Misdiagnosis Claims
More of our medical negligence claims guides:
- Read about walk-in centre negligence claims if this is where your misdiagnosis occurred.
- Learn about hospital negligence claims if you were misdiagnosed in a hospital.
- See if you can claim compensation for GP negligence if a GP misdiagnosed you.
Other external resources:
- Royal College of Nursing (RCN) – Information about duty of care.
- NHS – Guidance on diagnosing a stomach ulcer.
- NHS – Learn how to get your medical records.
We hope this guide on how to claim for stomach ulcer misdiagnosis has helped. If you have any additional questions, please reach out using the contact details above.