Claim Medical Negligence for A Delayed Bowel Cancer Diagnosis

Compensation for Colorectal Cancer

Early recognition of bowel cancer symptoms can make a world of difference and if missed, you may be entitled to claim medical negligence for a delayed bowel cancer diagnosis. Also known as colorectal cancer, it is one of the more common cancers.

In cases where symptoms are overlooked, misinterpreted or not acted upon promptly enough, you may want to find out more about possible compensation. While not every delay may be grounds for medical negligence, a below standard of medical care which led to a worsened outcome may be found to be negligence.

Clinical negligence involves a breach of duty which directly causes harm. If you suspect this may have happened to you, Jefferies Claims can advise you on what to do next.

We partner with highly experienced lawyers who work on a ‘No Win, No Fee’ basis, which means you will only pay legal fees if your claim is successful.

Early Signs of Bowel Cancer

Bowel cancer typically affects the large intestine and may start as benign growths. While it can affect anyone, it is most common in individuals over 50. Additionally, it may affect those with a family history of the disease, a sedentary lifestyle, or a diet low in fibre and high in red or processed meat.

Common Early Symptoms:

• Persistent change in bowel habits
• Blood in the stool
• Unexplained weight loss
• Abdominal pain or discomfort
• Feeling that your bowel hasn’t emptied completely
• Fatigue and anaemia

These symptoms are not exclusive to bowel cancer and can resemble less serious conditions such as irritable bowel syndrome (IBS) or haemorrhoids. This overlap can lead to misdiagnosis or delayed investigation.

Misdiagnosis or Delayed Diagnosis of Bowel Cancer

There are several reasons why a bowel cancer diagnosis may be delayed. It’s important to know that they may not necessarily be caused by clinical negligence:

1. Symptom Overlap with Other Conditions

Symptoms like bloating, abdominal discomfort, and changes in bowel habits are common to many gastrointestinal conditions. This may lead to  GPs to initially attribute them to non-cancerous issues like IBS or dietary intolerance.

2. Failure to Investigate Further

Doctors may fail to order necessary diagnostic tests, such as colonoscopies, blood tests, or stool samples. This may especially occur if the patient is younger or considered “low-risk.”

3. Misinterpretation of Test Results

Pathology reports, imaging scans, or lab results may be misread or incorrectly reported, delaying the correct diagnosis.

4. Inadequate Follow-Up

Sometimes, even when abnormal results are found, there’s a breakdown in communication or delays in referring the patient to a specialist or arranging follow-up appointments.

When Can You Claim for a Delayed Diagnosis?

You can bring a medical negligence claim if the delayed diagnosis was due to substandard care that directly worsened your condition. A successful claim must show the following three key elements:

Duty of Care

Every medical professional has a legal obligation to provide a standard level of care to patients.

Breach of Duty

The care you received must fall below acceptable medical standards. For example, if your GP ignored persistent red-flag symptoms or failed to refer you for tests.

Causation

You must prove that the delay caused by negligence led to a worsened prognosis, additional pain or more aggressive treatment (such as chemotherapy or surgery).

Is There A Time Limit?

Generally, you have three years from the date of the negligent act or from when you became aware of it to file a claim. However, there are exceptions, such as:

• For children, the three-year period starts from their 18th birthday.
• For individuals without mental capacity, there is no time limit until they regain capacity.

Real-World Implications of a Delayed Diagnosis

When bowel cancer is diagnosed late, it may have already spread to other organs (metastasised), limiting treatment options. As a result, the cancer may be require more invasive treatment than would have been necessary if caught earlier.

A delay might mean:

• Undergoing extensive chemotherapy
• Loss of bowel function or need for a colostomy bag
• Fertility issues
• Emotional distress and mental health decline

In such cases, a medical negligence claim can help secure compensation to support your care needs, lost income, and personal suffering.

How to File a Medical Negligence Claim

If you believe you’ve suffered harm due to a delayed diagnosis, here’s how you can start your claim:

Collect and Preserve Evidence

Gather all relevant medical records, appointment notes, test results, and referral letters. Document your symptoms, when they began, and how long it took to get a correct diagnosis.

Obtain an Independent Medical Opinion

Your solicitor will arrange for an independent medical expert to review your case. They will assess whether the care you received was negligent and if the delay caused harm.

Letter of Claim

Your solicitor will draft and send a formal “Letter of Claim” to the medical provider. This outlines the negligence, supporting evidence, and the compensation being sought.

Negotiation and Settlement

If liability is admitted, your solicitor will negotiate a compensation amount. If liability is denied or the compensation offered is too low, the case may proceed to court.

What Can You Claim For?

Compensation in a delayed diagnosis claim generally includes:

• General Damages: For pain, suffering, and loss of amenity (quality of life).
• Special Damages: For financial losses such as lost income, travel costs, care needs, medical equipment, and home adjustments.
• Future Losses: For ongoing care needs, future loss of earnings, or anticipated treatment costs.

What To Do Next

It is important to consult with a solicitor who has medical negligence experience. Your solicitor will be able to advise you about potential compensation, depending on the severity of the outcome. Misdiagnosis claims can be complicated, and a solicitor will have the necessary experience to help you build a strong case.

You should be able to show the direct link between the negligence by a healthcare provider and that the delayed diagnosis or misdiagnosis led to a worsening health outcome.

Jefferies Claims can help you through the process of how to claim compensation. We work with experienced lawyers in this field who operate on a ‘No Win, No Fee’ basis. We will give you the support and understanding you need at this difficult time. 

Call us at 0333 358 3034 for a free no-obligation chat or visit Jefferies Claims Contact Us Page

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.