Crohn’s Misdiagnosis Claims

If you have experienced misdiagnosis or delayed diagnosis of Crohn's disease, you may be entitled to claim compensation. The risks of being misdiagnosed include receiving incorrect treatment, and the possibility that your health will worsen as doctors treat the wrong illness.

The specialist clinical negligence solicitors at JMW are highly experienced in helping people to rebuild their lives by securing the compensation to which they are entitled. Compensation for Crohn's disease misdiagnosis can make your recovery more comfortable, and account for any long-term needs that arise from the negligence you experienced.

Get in touch with JMW Solicitors today to discuss your Crohn’s disease misdiagnosis. Simply call us on 0345 872 6666 or complete our online enquiry form and we will give you a call back at a convenient time. We handle cases on a no win, no fee basis. 

How JMW Can Help 

Our medical negligence team, headed by leading solicitors Eddie Jones and Angharad Hughes, is well recognised across England and Wales for securing medical negligence settlements. Our team includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) panel of solicitors. 

If you have been impacted by a Crohn’s misdiagnosis, we can provide the legal assistance you require to make a successful claim for compensation. We will gather evidence to show that the treatment you received fell below the necessary standard and negotiate with the liable party to secure compensation. This will supply the funds you need to move forward with your life, whether to help pay for treatment, or to make necessary adjustments to your lifestyle.

We are highly experienced in handling misdiagnosis claims and have the skills and professionalism required to ensure everything runs as smoothly as possible. In the majority of cases, claims are settled out of court, but we are also happy to represent you in legal proceedings where necessary to achieve the best possible result for you.

Meet Our Team of Solicitors

JMW's experienced clinical negligence solicitors can support those who have experienced unnecessary stomach pain or been forced to undergo emergency surgery or lifestyle changes as the result of a Crohn's disease misdiagnosis. Our many years of expertise enable us to evaluate where warning signs were missed and secure compensation that will put your life back on track.

Case Studies

Do I Have a Crohn’s Misdiagnosis Claim?

You may be able to claim for a Crohn’s disease misdiagnosis if a doctor failed to provide a reasonable standard of care and this caused avoidable harm.

Examples include if you were treated for another condition, such as IBS, gastroenteritis or haemorrhoids, despite ongoing red flag symptoms like persistent diarrhoea, abdominal pain, rectal bleeding, weight loss or abnormal test results.

Alternatively, a claim may arise if suitable investigations were not arranged, abnormal results were ignored or misread, or there was an avoidable delay in referring you to a gastroenterologist or inflammatory bowel disease specialist. If Crohn’s disease was mistaken for another bowel condition, or if the type, location or severity of the disease was recorded incorrectly, and this led to unsuitable treatment, you could also have a claim. The claim is usually strongest where there is evidence that an earlier diagnosis would have prevented or reduced harm.

How Can Medical Negligence Cause the Misdiagnosis of Crohn's Disease?

Crohn's disease can be challenging to diagnose due to symptoms that overlap with other gastrointestinal disorders. Doctors must perform tests and apply their expertise to make sure your symptoms meet the diagnostic criteria for the disease. However, doctors should also be aware of the related conditions that resemble Crohn's disease and take the relevant steps necessary to confirm their diagnosis.

Medical negligence can contribute to misdiagnosis in several ways:

• Failure to recognise symptoms: Crohn's disease symptoms include abdominal pain, diarrhoea, weight loss and fatigue. These are also common to other conditions like irritable bowel syndrome, ulcerative colitis, and even gastrointestinal infections. If a doctor dismisses these symptoms as minor or assumes they are related to less severe conditions without thorough investigation, this might constitute negligence.
• Lack of awareness: if a doctor is not sufficiently aware of Crohn's disease, they might fail to consider it as a potential diagnosis. In cases where the doctor should reasonably have considered the possibility that you might have Crohn's disease, this may be considered medical negligence.
• Inadequate diagnostic testing: a correct diagnosis of Crohn's disease typically involves a combination of blood tests, stool tests, endoscopy, colonoscopy, and imaging studies like MRI or CT scans. Negligence can occur if a physician fails to order the appropriate tests or misinterprets the results.
• Delay in testing: even when tests are ordered, delays in conducting these tests or receiving results can postpone the diagnosis. This delay can exacerbate the patient's condition and complicate subsequent treatment. They may be caused by administrative errors, failures by doctors or other mistakes, all of which represent negligence. GPs might also fail to refer patients to specialists, such as gastroenterologists, in a timely manner. Specialist input is often necessary for the accurate diagnosis and management of Crohn's disease, and failing to secure this input may be considered negligent.
• Radiology and pathology errors: mistakes when interpreting imaging studies or biopsy results can lead to a Crohn's misdiagnosis. If radiologists or pathologists make errors due to inexperience, oversight or lack of attention to detail, the patient may receive an incorrect diagnosis.
• Inadequate patient history: proper diagnosis often relies on a comprehensive patient history. Failing to take a detailed history, overlooking important symptoms, or not considering a patient's family history of inflammatory bowel disease can all be examples of medical negligence.
• Incorrect treatment: Sometimes, doctors may start treatment based on assumptions without confirming the diagnosis through appropriate tests. This can lead to the administration of incorrect treatments, which may not only fail to improve the patient’s condition but could also cause additional harm. If a patient does not respond to treatment as expected, this should prompt a reassessment of the diagnosis and when this doesn't happen, it may be considered negligence.

Medical negligence leading to Crohn's disease misdiagnosis can have serious implications for patients. Doctors should mitigate these risks by maintaining a high standard of care, staying informed about the latest diagnostic protocols, and communicating thoroughly with patients. If they fail to do so, patients may be entitled to compensation that can help to support their recovery.

How Long Do I Have to Make a Crohn's Misdiagnosis Claim?

There are strict time limits for making a medical negligence claim. This will normally begin from the date when you were diagnosed with the wrong condition, an inappropriate or unnecessary surgery was performed, or you were prescribed the wrong medication. In most cases, you have three years to start the case through the formal court process from the date that the negligent treatment occurred, or from the date you first became aware that negligence may have caused your injury. The latter is known as the date of knowledge.

There are certain exceptions in the case of children, people with a legal disability that affects their mental capacity, and in cases involving a fatality. However, it is important to consult a medical negligence solicitor as soon as possible, as there is a large amount of work to be completed before starting the case in court. Early instruction helps ensure that all relevant evidence is obtained and assessed at the earliest opportunity. In addition, providing an account of the events is often easier when the details remain fresh in your memory, which can assist in building a comprehensive understanding of what occurred.

Read more about the time limits for making a medical negligence claim.

How Is a Crohn's Misdiagnosis Claim Funded?

Many Crohn's disease misdiagnosis claims can be funded on a no win, no fee basis. This means that there is nothing to pay upfront and you can start the claims process without any financial risk. If the claim is unsuccessful, there are no legal fees to pay at all.

JMW will discuss your specific circumstances in detail and advise you of the relevant financial matters so you can make an informed decision before moving forward with your claim.

What Is the Process of a Claim?

While every claim is different, the structure of the process remains essentially the same. We need to gather evidence, liaise with the responsible party, and negotiate to secure fair compensation for you. The key steps of this process are:

1. Free initial consultation: We start with a discussion of your circumstances, which can enable us to identify who was responsible for the harm you experienced and whether you are in a position to claim.
2. Gathering evidence: We check your medical records and have an independent medical professional review the care you received to determine whether it met the necessary standards. From there, we can build a timeline of events and show the impact of the misdiagnosis through witness statements.
3. Letter of claim: We send a letter to the NHS trust or private hospital responsible for your care, setting out the allegations of medical negligence, the evidence we have collected and the compensation you are seeking.
4. Response and next steps: The healthcare provider will have time to investigate and respond. In some cases they will accept liability from the outset, and we can proceed to negotiations over the compensation you should receive. Alternatively, they may deny responsibility and we will pursue the matter in court.
5. Negotiations: We will pursue a fair compensation arrangement that meets all of your financial needs and addresses your pain and suffering. Even if the defendant denies liability and court proceedings need to be issued, we will continue negotiating to settle the case.
6. Court proceedings: In very rare cases, the claim will go to trial and we will support you through the process.

To find out more about how the claims process usually unfolds, read our guide to the stages of a clinical negligence claim.

Q

What is Crohn's Disease?

A

Crohn’s disease is a condition that causes inflammation of the lining of the digestive system. It is only one type of inflammatory bowel disease, and most commonly occurs either in the colon or the ileum, which is the last section of the small intestine. However, it can affect anywhere along the digestive tract. 

Crohn’s is a long-term condition, which can have various unwelcome symptoms, including: 

• Abdominal pain 
• Diarrhoea 
• Fatigue 
• Unintended weight loss 

If a medical professional fails to identify the disease, and this leads to a longer period of suffering than is necessary, you may be entitled to compensation. 

Q

What are the causes of Crohn's disease?

A

There is no known cause of Crohn’s disease, but certain factors are believed to contribute to it. These factors include: 

• Problems with your immune system 
• Genes inherited from your parents 
• An abnormal response to a previous infection 
• Smoking (can make symptoms more severe) 

If you are concerned about any of the symptoms listed above, speak to a doctor at your earliest opportunity.

Q

What treatment is available for Crohn's disease?

A

There is no known cure for Crohn’s disease at present, but various treatments to relieve symptoms are available. This can also help to prevent the inflammation from progressing and, in some cases, can help to prevent a person affected by Crohn’s from having to undergo surgery.

Treatment can take various forms and can include:

• Steroid medication (these are called corticosteroids)
• Immunosuppressants to suppress the immune system
• Inflammation-reducing medication
• Removal of the inflamed section of the intestine through surgery

A medical professional should be able to spot the symptoms, undertake the correct investigations, correctly diagnose the condition, and recommend and administer the correct treatment. If this has not happened and it has led to your condition getting worse, you may be in a position to make a claim for compensation.

Q

What treatment is available for Crohn's disease?

A

There is no known cure for Crohn’s disease at present, but various treatments to relieve symptoms are available. This can also help to prevent the inflammation from progressing and, in some cases, can help to prevent a person affected by Crohn’s from having to undergo surgery.
Treatment can take various forms and can include:

• Steroid medication (these are called corticosteroids)
• Immunosuppressants to suppress the immune system
• Inflammation-reducing medication
• Removal of the inflamed section of the intestine through surgery

A medical professional should be able to spot the symptoms, undertake the correct investigations, correctly diagnose the condition, and recommend and administer the correct treatment. If this has not happened and it has led to your condition getting worse, you may be in a position to make a claim for compensation.

Q

What other conditions are misdiagnosed as Crohn's disease?

A

Several conditions can be misdiagnosed as Crohn's disease due to their overlapping symptoms. These conditions share common clinical features that can make them difficult to distinguish from Crohn's disease. If you have been diagnosed with Crohn's when you do not have it,or are diagnosed with something else when in fact you have Crohn's disease, this can have serious consequences for your health.

• Irritable bowel syndrome (IBS) is often considered when symptoms are chronic, but without the inflammatory markers typical of Crohn's disease being present. Symptoms include abdominal pain, bloating and changes in bowel habits. This is often treated with dietary changes or medication, which are not suitable to treat Crohn's disease or prevent it from getting worse.
• Ulcerative colitis is also similar to Crohn's, with symptoms including abdominal pain and diarrhoea, but it typically affects only the colon and rectum with continuous inflammation. Endoscopic and histologic exams are usually required to distinguish the two conditions, and if doctors fail to order these tests there is a risk of misdiagnosis. If you have Crohn's misdiagnosed as ulcerative colitis or infectious colitis, which offers a similar risk of misdiagnosis and shares key symptoms, you may not get a suitable treatment for the condition.
• Coeliac disease has similar gastrointestinal symptoms and an inflammatory response that mimics Crohn's disease. Once again, this is typically treated using steroids or dietary restrictions, which are not suitable treatments for Crohn's. Other conditions, like an intestinal tuberculosis infection or a mucosal chronic inflammation, can be misdiagnosed in a way that causes harm to a patient.
• Microscopic colitis can cause chronic diarrhoea, urgency, abdominal discomfort and symptoms that come and go over time in a similar way to Crohn’s disease. However, unlike Crohn’s disease, the inflammation in microscopic colitis is not usually visible during a colonoscopy and is typically diagnosed by taking biopsies from the colon and examining them under a microscope. If these biopsies are not taken, there is a risk that the condition will be missed or confused with another bowel disorder.
• Ischaemic colitis may present with abdominal pain, diarrhoea and rectal bleeding. It is caused by reduced blood flow to part of the bowel, rather than the long-term inflammatory process seen in Crohn’s disease, but if doctors fail to consider ischaemic colitis, there is a risk of Crohn’s being diagnosed incorrectly or missed when the symptoms are attributed to a short-term blood-flow problem.
• Acute gastroenteritis is another condition with symptoms including diarrhoea, abdominal cramps, nausea, vomiting or fever. It is often caused by an infection and may settle with supportive treatment, such as fluids and symptom control. If symptoms of Crohn's disease are mistaken for signs of acute gastroenteritis and are treated as such without appropriate follow-up, there is a risk that Crohn’s disease may not be diagnosed until the condition has progressed or caused further complications.
• Behçet’s disease may cause gastrointestinal ulceration, abdominal pain and diarrhoea, as well as symptoms outside the bowel including recurrent mouth ulcers, genital ulcers, eye inflammation and skin lesions. Crohn’s disease can also cause symptoms outside the digestive tract, which can make the distinction difficult, but doctors should consider the full clinical picture in their diagnosis.
• Solitary rectal ulcer syndrome can cause rectal bleeding, mucus discharge, straining, pain and changes in bowel habits, which may make it look like inflammatory bowel disease in some patients. It usually affects the rectum and is often linked to problems with bowel emptying or repeated trauma to the rectal lining. Endoscopic and histologic assessment may be needed because its appearance can overlap with Crohn’s disease, ulcerative colitis, ischemic colitis or even rectal cancer. If solitary rectal ulcer syndrome is mistaken for Crohn’s disease, a patient may be given medication that is not suitable for their actual condition, while the real cause of their symptoms remains untreated.

In severe cases where people have been misdiagnosed with Crohn's disease, patients underwent surgical treatment that was not necessary. In other situations, patients have been prescribed the wrong medication, or other ineffective treatments that caused them harm, or had symptoms missed or ignored.

If you have faced Crohn's disease being misdiagnosed and experienced harm in this way as a result, call our solicitors for advice on making a compensation claim. Similarly, if you were wrongly diagnosed with IBS, ulcerative colitis or coeliac disease and in fact had Crohn's, you may be able to claim compensation.

Q

How should Crohn's disease be diagnosed?

A

Crohn’s disease is usually diagnosed using a combination of symptoms, tests and specialist investigations. A doctor should take a detailed history of any symptoms such as ongoing diarrhoea, abdominal pain, bleeding, weight loss, tiredness and fever that could indicate Crohn's disease.

Initial investigations may include blood tests, stool tests and faecal calprotectin to look for inflammation and rule out infection. If Crohn’s disease is suspected, the patient should usually be referred to a gastroenterologist, where diagnosis is often confirmed using colonoscopy with biopsies. Doctors may also need to order imaging such as MRI, CT or ultrasound to assess parts of the bowel that cannot be fully seen during endoscopy.

Doctors should consider other possible conditions, such as ulcerative colitis, IBS, coeliac disease, infectious colitis or bowel cancer, as part of the process. If symptoms continue or test results do not fit the diagnosis, the diagnosis should be reviewed. Any failures to make the necessary referrals, consider other diagnoses or follow the necessary diagnostic process could constitute negligence.

Talk To Us

Contact our clinical negligence solicitors today for advice if you or a loved one have been impacted by a Crohn's disease misdiagnosis. We can help you claim the compensation you deserve on a no win, no fee basis. Contact us by calling 0345 872 6666 or complete our online enquiry form and we will be in touch at a time that is convenient for you.