Medical negligence whilst uncommon can have a big impact on your life and wellbeing.
Oesophageal cancer or gullet cancer is curable when it is diagnosed during the early stages. Despite this, finding out you have the disease, even when it’s at stage 1, is a traumatising experience. But if you feel that your diagnosis has been delayed it can leave you feeling let down and vulnerable.
When you visit your GP or have tests for cancer you should rightly expect that health professionals will treat you properly to get an accurate diagnosis, giving you the best chance possible to beat the disease. If this didn’t occur in your case, and you have had a worse outcome as a result you may be able to make a failure to diagnose oesophageal cancer claim. While receiving compensation can’t erase the experience you have had, it can help you better understand what went wrong and move on from the ordeal. Compensation money can help you to recover, taking time off work, pay for further medical costs at a time when you most need it.
We know that after fighting cancer a compensation claim may seem like a daunting prospect and a task you’d rather avoid. But with our expertise and skills in medical negligence claims you can rest assured that we will fight your corner and achieve you the best outcome possible in your case. We know that at this time you want to be focussing on recovering and our friendly, expert team will take the stress of litigation away.
The time limit on making an oesophageal cancer claim
Oesophageal cancer misdiagnosis claims, like all medical claims, have a 3-year time limit. So, if you believe you have been affected by poor standards within the healthcare system while fighting oesophageal cancer, you must act within this timeframe. The starting point of this time limit can be confusing as it’s from the ‘date of knowledge’ or date of diagnosis.
While you can make a claim at any point within the 3-year time limit, we advise that you start the process as soon as possible. We know that you’ll have other things on your mind but getting started sooner means that the case can be investigated long before it needs to go to Court and the details of your experiences will still be fresh in your mind. We need medical records and scans to support your case and these can be easier to obtain the sooner you start the process.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
If you’re unsure whether your oesophageal cancer misdiagnosis compensation claim still falls within the time limit or would like to discuss your experience and find out how to progress your claim, you can speak to us for guidance and support.