In this guide, we’ll discuss whether you could claim compensation for an oesophageal cancer misdiagnosis that occurred because a medical professional breached the duty of care they owed you. We’ll also explain the process involved in making a medical misdiagnosis claim, including the steps you can take to gather evidence which could help to support your case.
What Could You Claim For An Oesophageal Cancer Misdiagnosis?
All medical professionals owe a duty of care to their patients, which means they must deliver an adequate standard of care to those they treat.
When this duty of care is breached, a patient could experience avoidable or unnecessary harm. We will explore when you could be eligible to seek compensation for the avoidable harm you have experienced further in our guide.
Additionally, we will discuss the compensation payout that you could be owed after making a successful claim as well as how it may be calculated.
To learn more about the merits of your potential claim or to request more information about the medical negligence claims process, contact us using the details below. Find out more by:
- Filling out your details in the ‘contact us‘ form on our website
- Calling us on 0800 408 7825
- Talking with one of our advisors using the live chat feature onscreen
Choose A Section
- What Could You Claim For Oesophageal Cancer Misdiagnosis?
- Can I Make An Oesophageal Cancer Misdiagnosis Compensation Claim?
- Examples Of Evidence In Medical Negligence Claims
- How Is Oesophageal Cancer Diagnosed And Why Do Misdiagnoses Happen?
- Why Select Our Panel Of Solicitors For Your Oesophageal Cancer Misdiagnosis Claim?
- Learn More About Medical Negligence Claims For Cancer Misdiagnoses
What Could You Claim For Oesophageal Cancer Misdiagnosis?
A successful oesophageal cancer misdiagnosis claim could result in a medical negligence compensation settlement that involves two separate heads of claim. The first one of these is called general damages.
This head of claim is intended to compensate you for the avoidable harm caused by a medical professional breaching the duty of care they owed you. For example, if your cancer treatment is delayed due to the negligent misdiagnosis, your oesophageal cancer could spread to your brain, liver or lungs. In this instance, you may be able to claim for the complications that have arisen from the misdiagnosis.
A solicitor will usually refer to the Judicial College Guidelines (JCG) to help them assess this aspect of a claim. This document contains compensation brackets which are guidelines and correspond to different types of harm.
The figures below have been taken from the JCG. Please note they are only estimates due to the variety of factors considered when estimating awards for general damages.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Brain Damage | Very Severe (a) | £282,010 to £403,990 |
| Brain Damage | Moderately Severe (b) | £219,070 to £282,010 |
| Brain Damage | Moderate (c) (i) | £150,110 to £219,070 |
| Lung Disease | (a) | £100,670 to £135,920 |
| Lung Disease | (b) | £70,030 to £97,330 |
What Are Special Damages?
Special damages are a second head of claim that aim to compensate you for financial losses you have experienced as a result of medical negligence. Special damages can help you recoup:
- Cost of specific medical treatments
- Loss of earnings, past and future
- Cost of prescription medications
In order to receive a payout for special damages, you’ll have to provide evidence of your financial losses. This can include invoices, receipts, and bank statements.
Speak to our advisers if you’d like to know how much compensation you may be able to get for a negligent oesophageal cancer misdiagnosis.
Can I Make A Cancer Misdiagnosis Compensation Claim?
You might be eligible to make a claim for an oesphogeal cancer misdiagnosis when the following criteria are true of your circumstances:
- A healthcare professional owed you a duty of care,
- This duty was breached,
- As a result of this breach, you experienced avoidable or unnecessary harm. This is medical negligence.
Additionally, when beginning a claim, you must observe a medical negligence time limit. A piece of legislation called the Limitation Act 1980 stipulates that you have 3 years from:
- The date of medical negligence.
- The date you realised the harm you experienced was caused by a medical professional failing to uphold their duty of care. This is referred to as the date of knowledge.
There are exceptions to these time limits, such as for individuals under the age of 18 or adults who lack the mental capacity to claim for themselves. In these instances, the courts can appoint a litigation friend to make a claim on behalf of the individual whilst they are unable.
Speak to our advisers if you’d like to know more about litigation friends, time limits, or how long a medical negligence claim may take. They can also provide further guidance on eligibility.
Examples Of Evidence In Medical Negligence Claims
An important aspect of the medical negligence claims process is providing evidence that harm you sustained was avoidable and only occurred due to a medical professional providing care that fell below the expected standard. For instance, you could provide:
- Copies of X-rays and other scans
- A diary that records physical and psychological symptoms you experience
- Prescriptions
- Letters confirming your diagnosis
If you’re struggling to gather evidence, it could be worth seeking legal advice. One of the services that medical negligence solicitors offer is to collect and collate evidence before filing a claim.
Speak to our team of advisers if you’d like to know more about claiming for a oesophageal cancer misdiagnosis with help from a solicitor.
How Is Oesophageal Cancer Diagnosed And Why Do Misdiagnoses Happen?
A misdiagnosis of oesophageal cancer can occur during the course of medical treatment. Examples of how this could happen include:
- Failure to carry out diagnostic tests when you show clear symptoms of oesophageal cancer
- A mix up of the results of a biopsy, meaning that you receive another individual’s results
- Failure to account for your medical and family history when diagnosing your symptoms
It’s important to show the oesophageal cancer misdiagnosis occurred due to negligence on behalf of a medical professional.
Speak to our advisers for more information. Our team can listen to the circumstances you describe and offer insight into the merits of your potential claim.
Why Select Our Panel Of Solicitors For Your Oesophageal Cancer Misdiagnosis Claim?
If you are making a valid medical negligence claim, you may benefit from seeking legal representation. The solicitors on our panel can offer a type No Win No Fee agreement called a Conditional Fee Agreement (CFA).
Under these terms, you don’t typically have to pay upfront or ongoing fees for the services offered by your solicitor. Also, if your claim is unsuccessful, you typically don’t have to pay for the work they have done on your claim.
A success fee will be taken if the claim wins. This is a legally capped by the Conditional Fee Agreements Order 2013.
Contact Us
Our team of advisers can offer more information about the services offered by our panel of solicitors. They can also discuss whether you could be eligible to seek compensation following an oesophageal cancer misdiagnosis and how much you could be awarded if you succeed.
Contact us by:
- Filling out your details in the ‘contact us‘ form on our website
- Calling us on 0800 408 7825
- Talking with one of our advisors using the live chat feature onscreen.
Learn More About Medical Negligence Claims For Cancer Misdiagnoses
More of our medical negligence guides:
- Claim Compensation For The Misdiagnosis Of A Fracture
- Drug Errors – Can I Claim Compensation?
- Common Prescription Error Examples
More external resources:
- Statutory Sick Pay (SSP) – Government resource about support that could be available following an absence from work
- Oesophageal Cancer – Information from Macmillan Cancer Support
- Annual Report Statistics – Figures from NHS Resolution regarding medical negligence claims made
If you still have questions about claiming for a negligent oesophageal cancer misdiagnosis, speak to our team of advisers using the contact details above.
Article by OO
Publisher EI/ OI