In this guide, we will discuss when you could make a medical negligence claim for oesophageal cancer misdiagnosis. All medical professionals owe their patients a duty of care. This means that they must provide care that meets the correct standard. As we move through this guide, we will explain the eligibility criteria that must be met to bring forward a medical negligence claim and the time limits applicable to your case.
Furthermore, we will examine what oesophageal cancer is and how a misdiagnosis resulting from a medical professional breaching their duty of care could lead to various types of avoidable harm.
Additionally, this guide will look at how compensation could be calculated for a medical negligence claim. It will also discuss the benefits of using the services of a No Win No Fee solicitor.
You can also get in touch with one of our advisors to discuss making a claim for the misdiagnosis of cancer. They offer confidential legal advice 24/7. Additionally, they can provide a free evaluation of your case and offer insight into your eligibility to make a compensation claim.
To reach them, you can:
- Call on 0800 073 8804
- Complete our online form to contact us
- Use our live chat feature to receive advice and support
Browse Our Guide
- When Could You Claim For Oesophageal Cancer Misdiagnosis?
- Oesophageal Cancer Misdiagnosis Examples
- Proving Causation In Oesophageal Cancer Misdiagnosis Claims
- Estimating Medical Misdiagnosis Payouts
- How Our Specialist Claims Solicitors Could Help With Your Claim
- Related Medical Misdiagnosis Articles
When Could You Claim For Oesophageal Cancer Misdiagnosis?
An oesophageal cancer misdiagnosis could happen for various reasons. However, not all instances of a misdiagnosis will form the basis of a valid claim. The criteria of eligibility that must be met to make a medical negligence claim is as follows:
- A medical professional owed you a duty of care.
- They breached this duty.
- This breach caused you avoidable harm; this could be psychological and/or physical. These three criteria form the basis of medical negligence.
Medical negligence needs to have occurred for you to be eligible to make a compensation claim. Therefore, if you did receive care below the correct standard but did not suffer any avoidable harm, you would be unable to claim.
Oesophageal Cancer Misdiagnosis Claim Time Limits
The Limitation Act 1980 states that generally, you will have three years to begin a compensation claim from the date that the medical negligence occurred or the date of knowledge; this can be when you learned of negligence in connection to the harm you suffered.
There are exceptions to these time limits, for example, in cases where the person was under the age of 18 when the medical negligence occurred, or the person lacks the mental capacity to bring forward an oesophageal cancer misdiagnosis claim themselves.
In both scenarios, the time limit is paused during which time a litigation friend could be appointed by the courts to pursue the claim on the person’s behalf.
If no claim is made on behalf of the person under 18, the three-year time limit would begin from the date of their eighteenth birthday. If no claim is made on behalf of the person who lacks the mental capacity to claim, the three-year time limit would begin if a recovery is made.
Please contact our team to learn more about the time limits applicable to your case.
Oesophageal Cancer Misdiagnosis Examples
Oesophageal cancer is found anywhere in the oesophagus, sometimes referred to as the ‘food pipe’ or gullet, connecting the stomach to the mouth. The seriousness of oesophageal cancer can depend on its location, size, and whether it has spread.
It is important to receive a cancer diagnosis as soon as possible because, over time, the disease can spread to other parts of the body. This is called metastasis. Cancer Research UK explains that advanced oesophageal cancer can spread to the liver, lungs, and lymph nodes. In some cases, it could also spread to the brain.
If a medical professional misdiagnoses you, this may lead to a delay in receiving the treatment you require. This could lead to you suffering harm, such as a worsened condition or an affected prognosis.
Examples of a how a misdiagnosis could occur include:
- A doctor fails to send you for further tests despite your symptoms making it necessary to do so meaning you are incorrectly diagnosed and given the wrong treatment.
- A hospital sends you the wrong test results meaning you receive the incorrect diagnosis.
Please speak with our team to discuss the possibility of starting a medical negligence claim for your oesophageal cancer misdiagnosis.
Proving Causation In Oesophageal Cancer Misdiagnosis Claims
Evidence can support a medical negligence claim and help to prove liability. Therefore, we have provided some examples of evidence you could gather to support your claim:
- Medical reports
- Copies of any scans or test results
- Prescriptions
- Treatment plans
- Witness contact details
Additionally, the Bolam test could be used to assess whether a medical professional provided the correct standard of care. This is where other relevantly trained medical professionals will assess the level of care you received. The findings from this test could be used to strengthen your claim.
Contact our team of advisors to learn more about the evidence you could use to support your medical negligence claim for oesophageal cancer misdiagnosis.
Estimating Medical Misdiagnosis Payouts
There are up to two heads of a successful medical negligence claim. The first is general damages, which compensates for the medical negligence. The second is special damages, which we will discuss in more detail in the next section.
In the table below, we have provided guideline compensation brackets for different types of harm. To do this, we used the Judicial College Guidelines (JCG). Medical negligence solicitors and other legal professionals can use the JCG to help them value the general damages head of claim.
Please remember that this table is a guide. The figures are not guaranteed amounts, as each case is valued in line with its unique details.
| Harm | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Brain Damage | Very Severe (a) | The person will display little to no language function or meaningful response to their environment. They will require full time care. | £282,010 to £403,990 |
| Brain Damage | Moderately Severe (b) | The person will have very serious disabilities, causing them to have a significant dependence on others and a requirement for care that is constant. | £219,070 to £282,010 |
| Brain Damage | Moderate (c)(i) | There will be a moderate to severe intellectual deficit, an effect on the person’s senses, a personality change and no employment prospects. | £150,110 to £219,070 |
| Lung Disease | (a) | A seriously disabled young person where there is a possibility that the condition will worsen and lead to premature death. | £100,670 to £135,920 |
| Lung Disease | (b) | Typically cases of an older person with lung cancer leading to pain that is severe and impairment of function and the person’s quality of life. | £70,030 to £97,330 |
Types Of Special Damages You May Be Awarded
The second head of claim, special damages, can compensate for the financial losses you have suffered due to medical negligence. This could include loss of earnings and the cost of using public transport to travel to medical appointments. Additionally, expenses incurred could include necessary home adaptations to improve your ability to move around.
Furthermore, acquiring evidence of these losses could be useful in supporting your claim. This could include invoices, travel tickets or payslips.
To learn more about the different types of compensation that you could be eligible to receive, please contact one of our advisors. You could also enter the details of your case into our compensation calculator to receive an estimate of the settlement you could be awarded.
How Our Specialist Claims Solicitors Could Help With Your Claim
When starting a claim, it is important to seek legal advice. Our team of advisors can carry out an assessment of your claim for free, and should they find you may be eligible, they could place you in correspondence with one of our specialist medical negligence solicitors. What’s more, our solicitors could propose working on your claim under a No Win No Fee arrangement, called a Conditional Fee Agreement (CFA).
This would generally mean that your solicitor will not charge you for their services upfront, whilst your case is ongoing or if your claim is unsuccessful. However, if you make a successful claim, your solicitor can take a small success fee from the compensation. This will be discussed before you enter the arrangement, and the percentage they can take is legally capped by The Conditional Fee Agreements Order 2013.
Please contact a member of our team if you would like to learn more about the benefits of using a No Win No Fee solicitor. Our advisors can also provide free legal advice concerning your oesophageal cancer misdiagnosis claim at any time.
To reach an advisor, please:
- Call on 0800 073 8804
- Claim online by entering your details into our form
- Talk to an advisor through our live support feature
Related Medical Misdiagnosis Articles
To learn more about making a compensation claim following a medical misdiagnosis, please visit more guides from our site below:
- Making A Compensation Claim After A Lung Cancer Misdiagnosis
- When Could You Claim For Pancreatic Cancer Misdiagnosis?
- Medication Allergic Reaction Compensation Claim
Please check the external links listed:
- Tests and next steps for oesophageal cancer – NHS
- Statutory Sick Pay (SSP) – GOV.UK
- Good Medical Practice – General Medical Council (GMC)
If you would like to make an enquiry about making a medical negligence claim following an oesophageal cancer misdiagnosis, please contact our team using the details provided in the guide.
Written by Marsey
Edited by Oxland/ Mitchell
