Irritable Bowel Syndrome (IBS) shares symptoms with several other conditions, some of which are serious. This medical negligence claims guide discusses compensation claims you could make if you suffer harm as a result of being negligently misdiagnosed with IBS.
Firstly, we will use guideline compensation brackets taken from the guidelines by the Judicial College to show how compensation awards are calculated. Afterwards, the guide covers the key eligibility criteria for medical negligence claims, explaining the duty medical professionals have to provide correct levels of care and giving insight into when a misdiagnosis could lead to a claim.
We will discuss examples of medical issues that could be misdiagnosed as IBS by a medical professional and how this could cause a patient to suffer further harm.
Lastly, you can learn about the No Win No Fee contract you could be offered by a solicitor from our panel.
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- What Could You Claim If You Were Misdiagnosed With IBS?
- When Could You Claim For Medical Misdiagnosis?
- What Could Be Misdiagnosed As IBS?
- Important Evidence To Prove Your Misdiagnosis Claim
- Making A No Win No Fee Medical Negligence Claim
- Where To Read More About Claiming For Being Misdiagnosed With IBS
If you have had your condition negligently misdiagnosed as IBS, and this has meant that you have suffered avoidable harm, then you may be thinking of making a medical negligence claim. If that claim succeeds, you will be awarded compensation to cover the health and financial impacts.
There are up to two heads of claim that could be awarded. The first is general damages, which account for physical pain and mental suffering caused by the negligence.
Legal professionals can use the Judicial College Guidelines (JCG), a document made up of guideline compensation figures, to calculate the value of different injuries. We have put together the table below with reference to the JCG to give an insight into compensation brackets for injuries.
This table features guideline compensation brackets from the JCG. The first entry is not featured in the JCG. Payouts are determined on a case-by-case basis, so the table is only a guide.
|Multiple Very Serious Injuries And Special Damages
|Up to £500,000+
|Different injuries to several parts of the body that are severe in nature plus losses and costs such as past and future loss of earnings, care costs and medical fees.
|£169,400 to £210,400
|Both kidneys are either damaged significantly or lost entirely.
|Up to £184,200
|No urinary control and an absence of bowel function, referred to as double incontinence.
|Up to £150,110
|A loss of function and potentially a reliance on colostomy.
|Up to £184,200
|Double incontinence is coupled with other complications.
|Up to £140,660
|An absolute loss of control and function.
|Lung disease (b)
|£70,030 to £97,330
|Cases of lung cancer leading to severe pain and loss of function.
|Lung disease (c)
|£54,830 to £70,030
|Lung function is impacted heavily and likely to worsen because of disease.
|Psychiatric Damage Generally (b)
|£19,070 to £54,830
|A moderately severe case where the affected person struggles with facets of life including their relationships with others.
|Digestive System (b) (i)
|£38,430 to £52,500
|Ongoing hospitalisation caused by toxicosis.
|£20,800 to £26,290
|The spleen is removed and the immune system is damaged.
Claims For Special Damages
You can also claim special damages if you receive general damages. This head of claim compensates for financial losses emerging due to negligence.
You must retain financial documents like payslips, invoices or receipts to prove your expenditures or losses, which can include:
- Prescription fees;
- Necessary travel, for example bus journeys to appointments;
- Personal care;
- Mobility aids;
- A loss of earnings if you are unable to work due to your condition.
You can speak with an advisor over the phone or online to find out what else you can include in a claim.
A medical negligence claim must satisfy the following eligibility criteria:
- A medical professional owed a duty of care.
- They breached their duty by failing to provide the correct level of care.
- This breach led to the patient suffering avoidable harm.
When a medical professional treats you, they instantly owe you a duty of care to provide you with a service of reasonable skill and care. If they fail to adhere to this duty and this causes you harm that could have otherwise been avoided, you could be eligible to start a medical misdiagnosis negligence claim.
Being misdiagnosed with IBS is not itself valid grounds for a compensation claim. All criteria have to be met to form the basis of medical negligence.
If you want clarification about your experience and whether you have legitimate grounds for a claim, call our advisors on the above number for dedicated guidance.
Misdiagnosis Compensation Claim Time Limits
There is a three-year time limit for the commencement of medical negligence claims, as set by The Limitation Act 1980. You will likely need to start your claim within three years of the negligence, though the time limit may begin from when the negligence became apparent, known as the date of knowledge.
There are a select number of cases where an exception could be made to the normal limit. Speak to our advisors if you want to know more.
The National Institute for Health and Care Excellence notes that around 10% of the UK population experiences IBS symptoms every year. This means that medical professionals often encounter patients reporting symptoms like constipation, diarrhoea, bloating and nausea, which are consistent with IBS.
However it is important for the medical professional to also consider other conditions. Conditions that could be misdiagnosed as IBS include:
- Crohn’s disease.
- Microscopic colitis.
- Coeliac disease.
- Abdominal cancers, for example colon cancer or bowel cancer.
Medical professionals can test for some of these conditions by, for example, asking you to do a blood or stool test, or ordering a CT scan. These tests are not always necessary. However, it is always necessary to rule out certain diseases in order to prevent a cancer misdiagnosis.
You may have a valid medical negligence claim if a medical professional breaching their duty of care meant you were misdiagnosed with IBS and suffered avoidable harm. Speak to an advisor today about your experience to find out what steps you can take next.
You must submit evidence to support your medical negligence claim. This could include medical records that show:
- Which medical professional owed you a duty of care?
- Your misdiagnosis.
- Any further illness caused by being misdiagnosed
You will also be invited to attend an independent medical assessment where a practitioner will determine, if any, the harm you suffered from the misdiagnosis.
During a case, a claimant’s experience may also be subject to the Bolam Test, where a panel of medical professionals determine whether the correct level of care was given. You do not have to arrange this test.
You can, however, gather witness contact information for your case.
Solicitors from our panel can help claimants gather evidence. Call our advisors or contact us online to get more information.
The expert input of a medical negligence solicitor can make a significant difference to a claim. Solicitors from our panel ensure claimants are kept updated throughout while completing and submitting all required documents on time and putting forward the case in the best way possible.
If you have a legitimate claim, you could benefit from this support under a Conditional Fee Agreement (CFA).
A CFA is a No Win No Fee contract a solicitor could offer you, where you do not pay solicitor fees:
- While the case is ongoing;
- At all, should the case lose.
If your medical negligence claim is successful, you will be awarded a settlement. The solicitor who worked for you under a CFA will take a success fee from this compensation. The Conditional Fee Agreements Order 2013 sets out a cap that means that your solicitor can only take up to a certain percentage of your compensation.
Contact A Specialist Today
Our advisors can assess your case. They can also answer any questions you have about misdiagnosis claims. Your details could be forwarded to a solicitor from our panel if you have a valid claim.
Our advisors’ help is free and could be extremely helpful to you, so please:
Here are some more guides to help you expand your medical negligence knowledge:
- Claiming if you end up in hospital due to getting the wrong medication.
- A guide to GP negligence claims.
- Discussing claims for orthopaedic negligence.
These external resources could also be useful:
- The NHS Constitution for England.
- Ethical guidance for doctors from the General Medical Council.
- Government guidance on claiming Statutory Sick Pay.
Thank you for reading this guide on medical negligence claims for being misdiagnosed with IBS. Please get in touch with our advisors today if you need any guidance.