Bowel Cancer Misdiagnosis Claims
If you have suffered from bowel cancer and you believe the disease was misdiagnosed or should have been picked up sooner, you may be eligible for compensation. The legal experts at JMW can provide the support you need to make a claim.
The medical negligence team at JMW is highly experienced in dealing with cases of this type, and we are here to support you throughout the process. We understand how distressing this experience can be and we are here to discuss your options and answer any questions you have. A bowel cancer negligence claim will look to secure compensation for the pain and suffering you have suffered as a result of any failings in care and also seek the costs of future treatment, support and any associated care or therapy needs.
If you have suffered due to a misdiagnosis of bowel cancer symptoms, speak to a member of the team about your bowel cancer claim by calling us on 0345 872 6666, or complete our online enquiry form to arrange a call back. We are able to take on cases on a no win, no fee basis.
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What Our Clients Say
How JMW Can Help
At JMW, our specialist bowel cancer negligence solicitors have supported a multitude of clients whose cancers have gone undetected or untreated. We provide the legal advice and guidance you need to make sure you have the best possible chance of securing compensation that can make a real difference to your life following bowel cancer.
We will make the process as stress-free as possible for you, as we understand how distressing it can be to experience a bowel cancer misdiagnosis. At every stage of a medical negligence claim, you can count on us for professional and sympathetic support.
The clinical negligence team at JMW is highly regarded throughout the UK. Headed by leading solicitor Eddie Jones, the team includes members of the Law Society's specialist panel for clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. That means you can rely on us not only for empathy and understanding, but for industry-leading expertise that has resulted in a strong track record of success.
Meet Our Team of Bowel Cancer Misdiagnosis Claim Experts
We act for individuals whose bowel (colorectal) or colon cancer was missed, delayed or mismanaged due to medical negligence. We do this by investigating failures in diagnosis or treatment, assembling expert evidence and legal arguments, and securing compensation so that clients can access care and support.
How to Make a Bowel Cancer Compensation Claim
If your bowel cancer was misdiagnosed or detected too late as a result of medical failings in care, you could be entitled to compensation. By working with an experienced law firm such as JMW, we can build a strong case and improve your chances of getting the compensation you have a right to receive.
Our specialist solicitors are experts in clinical negligence and will discuss the full details of your case with you, before obtaining your full medical records and seeking independent medical expert reports to demonstrate that you received substandard care. We have a great deal of experience in helping clients who suffered due to negligence to claim the compensation they were entitled to.
How Much Compensation Can You Get for a Bowel Cancer Negligence Claim?
Compensation in a medical negligence claim is calculated based on the patient's physical symptoms, including pain, impact on mobility and daily life, psychological impact and financial losses caused by the misdiagnosis or substandard treatment received.
General damages cover the physical and psychological impact of the negligence. The value is usually based on the Judicial College Guidelines, which provide bracketed figures for different types of injuries and illnesses, as well as on review of similar case law where a judge has considered an individual’s recovery. This part of your compensation payment will largely be based on the impact of your condition and prognosis, which for bowel cancer can range from a full recovery after delayed treatment to life-limiting or terminal conditions. The impact of your condition on your daily life, any treatment you require, and the psychological impact will also be taken into account.
Special damages compensate patients for measurable financial losses caused by the negligence, including both past and future losses. This includes:
- Loss of earnings if you took time off work to recover, or if your earnings capacity is affected for the future, we can also look at the impact on your pension and seek to recover for loss incurred
- Medical and therapy costs for any private treatment, prescriptions, physiotherapy, counselling, or stoma supplies you need
- Care costs for support with personal care, domestic tasks or assistance with childcare, for example
- Travel expenses for journeys to and from hospital or medical appointments
- Aids and equipment to support long-term function
- Adaptations and home modifications required to support long-term function and maximise independence
Detailed evidence is required to support your bowel cancer negligence claim and secure a compensation settlement. Evidence that we will use to investigate your case and accurately calculate compensation for mistakes in cancer treatment includes:
- Medical records to determine the timeline of events and treatment you received
- Reports from independent medical experts to address the care you received and whether earlier diagnosis or different treatment would have changed your outcome or improved this. We usually also need reports on your condition and prognosis to assess the impact of any delay in diagnosis.
- Witness statements from you and your family about the course of events and treatment, as well as your current condition
- If we can establish liability, we would also need financial documentation like payslips, tax returns, receipts and invoices to value your claim for special damages or calculate your lost earnings.
Your solicitor will help you to collect the evidence you need to investigate your case to advise you further and support you through this legal process.
What Is the Bowel Cancer Claim Process?
Compensation is designed to address your specific circumstances and we will need suitably strong evidence to claim compensation successfully. The structure of the process is usually the same, even though the details are unique to each individual.
The first step of the process is to contact JMW Solicitors to talk about the incorrect treatment or diagnosis you suffered, and we can discuss whether or not we believe you have a case to investigate. If so, we can start the claims process on your behalf by gathering evidence and filing the relevant paperwork. There is a time limit in most cases to claim compensation of three years from the date that the negligent treatment took place, so it is important to act quickly.
We will prepare a letter of claim and send it to the party responsible - usually an NHS trust, private hospital, medical professional or insurance company - to outline how much compensation we believe you are owed and the evidence we have collected. They will have four months in which to investigate and decide whether to accept or deny liability, although they do often require longer depending on the complexity of the case.
If the case cannot be resolved and settled at this stage (and the expert evidence remains supportive), we will issue court proceedings, following a set process of directions and provision of evidence at different stages. Cases can also settle during this process. If settlement isn’t reached, the case would go to a trial for a Judge to consider the evidence and whether you can establish liability and an award of compensation.
If you wish to know whether you are eligible to claim, or are concerned about the strict time limits that apply, contact JMW today. It is important to note that time limits do not apply to those without the mental capacity to claim for themselves or for children. As such, it is important to get in touch to arrange a free consultation with JMW and learn more about whether you are still able to claim compensation as soon as possible.
Learn more in our guide to the medical negligence claims process.
FAQs About a Bowel Cancer Claim
- What is bowel cancer?
Bowel cancer is the name given to cancer that begins in the large bowel. It may also be called colorectal cancer, rectal or colon cancer, depending on where it starts.
Cancers of the colon and rectum are the second most common cause of death from cancer in the western world, with around 30,000 new cases diagnosed in England and Wales each year. Early presentation and diagnosis are critical to prevent the tumour from spreading and improve the overall prognosis.
Bowel cancer typically begins in the large bowel, although it also can occur in the small intestine in rare cases. It is estimated that one in every 20 people in the UK will develop this form of cancer at some point in their lifetime.
- What are the symptoms of bowel cancer?
Early-stage bowel cancer does not present with obvious symptoms, but changes in bowel habits tend to be the most common sign. Anaemia may also develop through hidden bleeding. Incomplete opening of the bowel, or a feeling of wanting to continuously defecate, may be a sign of rectal cancer.
However, these symptoms can be common and may be caused by something other than bowel cancer. A common bowel cancer failure sees it misdiagnosed as irritable bowel syndrome or a related condition that is much less serious than cancer.
Most people who are diagnosed with the disease will suffer from a combination of symptoms, such as:
- Persistent bowel habit changes, involving looser stools and more frequent bowel movements
- Severe abdominal pain, bloating or discomfort after eating, which sometimes leads to a reduction in the amount of food consumed
- Unexplained weight loss
- Blood in the stools or rectal bleeding
Early diagnosis can make a significant difference to outcomes following a bowel cancer diagnosis, and it is important to seek medical advice if you experience any of the symptoms listed above.
If you have experienced bowel cancer misdiagnosis because your symptoms were mistaken for ulcerative colitis, irritable bowel syndrome or another condition, you may be entitled to make a compensation claim. Similarly, if you suffered due to a delayed diagnosis or delayed treatment because the disease was not detected in the early stages, you may be entitled to compensation.
- How is bowel cancer diagnosed?
Bowel cancer may be diagnosed in a number of different ways, depending on the location of the tumour. These include:
- Presenting to your GP with any of the symptoms mentioned in the above FAQ
- The discovery of a palpable mass during an abdominal or rectal examination, which would merit an urgent referral to a specialist
Where symptoms have persisted for more than six weeks but no mass can be detected, an urgent referral should still be made, because the specialist will need to carry out further investigations to make a prompt and correct diagnosis.
These investigations may include a colonoscopy or sigmoidoscopy, which involves a flexible tube being inserted into the bowel. Any abnormality can be seen through a small camera and biopsies can then be taken.
An enema containing dye may also be used to show up any abnormalities on an X-ray. Following diagnosis, urgent and correct management of the tumour is essential, as any delay in treatment can result in the cancer spreading to other organs, such as the liver or lungs.
If you feel that your bowel cancer should have been diagnosed sooner, or if your cancer was misdiagnosed, you should speak to a specialist solicitor about whether you may be entitled to compensation.
- How is bowel cancer treated?
Surgery is the cornerstone of successful bowel cancer treatment. The tumour and affected part of the bowel will be removed, which reduces the risk of the tumour spreading if performed in a timely manner.
Following surgery, the pathology laboratory will stage the tumour and appropriate management of further treatment can be decided. This may include chemotherapy, radiotherapy or both.
- Who is at greatest risk of bowel cancer?
Certain factors can mean you are predisposed to being at greater risk of suffering from bowel cancer at some point in your life. These include:
- Having a family history of the disease
- A prior history of carcinoma or adenoma
- A history of inflammatory bowel disease
- Being affected by polyposis (a group of several polyps)
As well as the above, the following lifestyle factors can increase your bowel cancer risk:
- Obesity
- Sedentary lifestyles
- Smoking
- Unhealthy diets that are high in calories, protein, animal fat and/or alcohol, and low in fibre
You are also at a greater risk of bowel cancer as you get older, with those aged 50 and over the most likely to develop the disease.
Talk to Us
Speak to a member of JMW's expert team about your no win, no fee bowel cancer misdiagnosis claim by getting in touch today. Call us on 0345 872 6666, or complete our online enquiry form to request a call back at a time that’s convenient for you.
