In this guide, we explore when and how you can claim medical negligence compensation for a stomach cancer misdiagnosis. We note the eligibility criteria that need to be met for when a claim can be made for the effects of misdiagnosis and the time limits determining how long you have to initiate legal proceedings.
Medical professionals must meet the correct standard of care. If they don’t, it could lead to a patient suffering avoidable harm. Later in our guide, we provide examples of how misdiagnoses could occur and how the effects of misdiagnosis could be compensated for in a settlement.
We also explain the evidence that could help strengthen your case and how an expert No Win No Fee solicitor from our panel could assist you in seeking compensation.
Speak to our advisors if you have any questions about medical negligence claims or to get your case assessed for free. You can get in touch by:
- Calling 0161 696 9685.
- Going online to contact us.
- Opening the live chat box below.
How To Claim For Stomach Cancer Misdiagnosis
Select A Section
- How To Claim For Stomach Cancer Misdiagnosis
- How Can A Stomach Cancer Misdiagnosis Occur?
- What Evidence Can Show My Doctor Acted Negligently?
- What Is The Average Payout For Stomach Cancer Misdiagnosis?
- How To Claim For Stomach Cancer Misdiagnosis With A No Win No Fee Solicitor
- Discover More About Cancer Misdiagnosis Claims
How To Claim For Stomach Cancer Misdiagnosis
Medical professionals, including doctors and nurses, owe their patients a duty of care to provide them with care that meets the correct standard. If there has been a failure to do so, leading to you being given a stomach cancer misdiagnosis and suffering avoidable harm, this could constitute medical negligence.
However, not all misdiagnoses will form the basis of a valid medical negligence compensation claim. Your cancer misdiagnosis case must be able to show that:
- A medical professional owed you a duty of care.
- They did not give you the correct level of care, breaching their duty.
- This breach led to you suffering avoidable harm.
Limitation Periods For Cancer Misdiagnosis Claims
A case must also be submitted in time to be eligible. The Limitation Act 1980 states that medical negligence claims generally have three years to begin. This might be from the date that the negligent misdiagnosis happened. Alternatively, you could have three years from the date of knowledge which is when you learned that a breached duty of care had led to your avoidable harm.
Only a few exceptions would alter this time limit, including cases where the person is under the age of 18 or they lack the mental capacity to start legal proceedings themselves. To check what limitation applies to you, give us a call and share your case’s details with an advisor.
How Can A Stomach Cancer Misdiagnosis Occur?
According to the NHS, stomach cancer is cancer that is found anywhere in the stomach. It can affect your digestion resulting in heartburn, issues swallowing, and feeling or being sick. Other symptoms can include losing appetite and feeling tired or as if you have no energy. Cancer Research UK states that if stomach cancer advances, it can spread to the lymph nodes, the tissue that lines the abdominal cavity, and the lungs.
Examples of how a stomach cancer misdiagnosis could occur, include:
- A doctor may fail to refer you to a specialist after your test results indicate signs of stomach cancer. As a result, the cancer spreads and you require more invasive treatment when it is correctly diagnosed.
- The specialist running tests to diagnose your stomach cancer misinterprets the results and diagnoses you with a stomach ulcer instead. As a result, you experience delayed treatment for the correct illness and the cancer spreads to the lungs.
- The admin team in a hospital mixes up your test results with another patient’s so you receive the wrong diagnosis. This leads to the cancer progressing meaning you require surgery due to the delay in receiving the correct diagnosis.
If you have suffered avoidable harm because of a stomach cancer misdiagnosis, call our team to find out when you might be eligible to seek medical negligence compensation.
What Evidence Can Show My Doctor Acted Negligently?
Evidence can help strengthen your claim by showing a medical professional breached their duty of care and caused you avoidable harm. You might find that working with an expert medical negligence solicitor from our panel could help as they could support you in gathering evidence for your stomach cancer misdiagnosis claim.
Evidence you might wish to gather could include the likes of:
- Medical records. These notes show who treated you, what steps were taken and what harm you suffered post-misdiagnosis.
- Witness contact details. A solicitor could collect witness statements from those who attended appointments with you as a way to substantiate your case.
- Independent medical examination results. You may need to attend an appointment with an independent expert for them to complete a medical assessment. This could provide further details on the extent of the avoidable harm you suffered and the way it’s likely to affect you in the future.
The Bolam Test may also apply to your case. This is where medical professionals with expertise in the field judge whether you received the right level of care. You would not have to arrange the Bolam Test yourself and whether it’s carried out is dependent on your case.
A solicitor from our panel could help with the different stages of the claims process, including arranging a medical appointment, if required, and helping you collect evidence to strengthen your case. If you’d like to find out whether a solicitor could assist you, call the number at the top of this page.
What Is The Average Payout For Stomach Cancer Misdiagnosis?
The settlement awarded in a successful stomach cancer misdiagnosis claim can include up to two possible heads of claim, the first of which is general damages. General damages compensate you for the physical and mental impact of medical negligence.
Those responsible for calculating settlements can refer to medical evidence and the guideline compensation brackets found in the Judicial College Guidelines (JCG) when valuing general damages.
Compensation Table
We have used the JCG to put together the table of compensation brackets that you can see below. Please note that this table should only be used as a guide. Also, the first entry is not from the JCG.
| HARM | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Injuries and Illnesses with Special Damages | Serious | Up to and above £250,000 | Compensation can be awarded for the impact of the misdiagnosis on your health and finances. |
| Bowels | Cases Involving Double Incontinence | Up to £184,200 | Loss of natural bowel function, plus no urinary control or function. Other medical complications will be involved. |
| Total Loss of Natural Function | Up to £150,110 | There could be a need for colostomy, depending on the affected person's age. | |
| Lung | Serious | £100,670 to £135,920 | Serious disability in a young person where there is a chance of the condition becoming progressively worse and causing an early death. |
| Lung Cancer | £70,030 to £97,330 | Typically applies to an older person causing an impact on function and quality of life with severe pain. | |
| Digestive System | Severe Damage (i) | £43,010 to £61,910 | Ongoing pain and discomfort. |
| Serious Non-Penetrating Injury (ii) | £16,790 to £27,760 | Resulting in long-standing or permanent complications, such as severe indigestion. |
Special Damages
You could also receive special damages if you receive a settlement containing general damages. Special damages compensate you for the financial losses caused by the medical negligence.
This could include, among other things:
- A loss of earnings if you miss work during treatment and recovery.
- Travel costs.
- Domestic care costs.
- Medical bills, such as prescription fees.
Speak to our advisors if you want to know more about what can feature in a cancer misdiagnosis payout and how to start a claim.
How To Claim For Stomach Cancer Misdiagnosis With A No Win No Fee Solicitor
Pursuing a stomach cancer misdiagnosis claim with the representation of a specialist medical negligence solicitor from our panel could ensure a smoothly-ran process.
You could work with a solicitor from our panel under No Win No Fee terms. They could offer a specific type of contract called a Conditional Fee Agreement. This generally means no payment for the solicitor’s services:
- Upfront.
- During the claim.
- At any time in a losing case.
Should your claim win, your solicitor would take a success fee. This takes the form of a small percentage of the compensation you are awarded. As the percentage is capped by The Conditional Fee Agreements Order 2013, you can keep the majority of your settlement.
Talk To Our Team Today
Speaking to our team gives you the opportunity to ask any questions you may have and get the answers you’re looking for without any charge. An advisor could assess your case and, if you have valid grounds to seek medical negligence compensation, you could be connected to a solicitor from our panel who could take your case forward. However, there is no obligation to start a claim, so if you just want some useful guidance, our team can still help.
Please reach out today through any of these avenues:
- Call 0161 696 9685.
- Contact us through our website.
- Ask about your claim in the live chat tab below.
Discover More About Cancer Misdiagnosis Claims
We have more medical negligence guides for you to look through, including:
- A guide discussing claiming following a leukaemia misdiagnosis and how compensation is calculated.
- Read our helpful guide looking at brain cancer misdiagnosis claims.
- Find out what you can do if GP negligence led to you suffering avoidable harm.
These resources also provide information related to this topic:
- Information on the professional standards for doctors from the General Medical Council.
- Statistics on cancer from Macmillan.
- Guidance on how to get your medical records from the NHS.
Thank you for reading our guide to claiming medical negligence compensation for a stomach cancer misdiagnosis. Please call or contact us through our website if you want to discuss your case in more detail.