A 57 year old woman suffered a perforation and permenant damage to her oesophagus during negligent surgery. She was awarded:
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.
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.
Throughout your claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
Our medical negligence team has years of experience working on a wide variety of cancer negligence cases so we understand just how difficult a decision it can be to bring oesophageal cancer negligence case.
That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
Our oesophageal cancer negligence team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value oesophageal cancer negligence cases.
Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.
Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.
Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.
If you’d like advice as to whether you might be able to pursue a cancer negligence claim, either call our freephone number or submit your details through the form on this page and we’ll be in touch to schedule a phone call at a time that’s convenient for you. If you decide that you’d like to start a claim, one of our medical malpractice lawyers will be able to tell you whether you can enter into a No Win, No Fee agreement*, meaning that in the event that your claim is unsuccessful, you won’t have to pay any legal costs so there’s no financial risk to you.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
Pay nothing if you lose your case, get maximum compensation if you win
Whatever the nature of your oesophagealcancer negligence claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard oesophageal cancer negligence claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.
We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.
You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery. You may also need to return to work as soon as it’s safe to do so.
You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury. To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.
We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.
The value of your claim comprises:
You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.
It is possible to make a claim for oesophageal cancer misdiagnosis but you must be able to prove that you received a level of care that was below standard and caused you avoidable pain and suffering. A successful missed oesophageal cancer diagnosis compensation claim will need to show that medical professionals missed opportunities to accurately diagnose you and that as a result you are in a worse position now. This could include:
How much you will receive if you make a successful compensation for delayed oesophageal cancer diagnosis will depend entirely on your individual circumstances. This will depend upon your pain and suffering, what fincial losses you have incurred and how your future is now changed as a result of the delay in diagnosis or misdiagnosis. If you’d like to discuss your experience and understand how much your claim may be worth, our expert and friendly team is on hand to help.
If you would like to make a claim for the misdiagnosis of oesophageal cancer when you had cancer of the gullet you have 3 years to do so. The starting point is when you were diagnosed. While you do have 3 years to start you claim in Court, we advise that you take the necessary steps to begin a claim against those responsible forward as soon as possible. Making a compensation claim sooner rather than later means you’ll have the details of your experience fresh in your mind and the necessary documents to support your are easier to get hold of. Taking the steps as soon as you can, can be difficult but it also means that it could be concluded sooner and, if successful, you can move forward and use the compensation to recover and take the next step.
As the name suggests, oesophageal cancer affects the oesophagus, also known as the gullet. The oesophagus is the tube that carries food from the throat to the stomach. This type of cancer mainly affects people in their 60s and 70s and is more common in men than women. The oesophagus is part of the body’s digestive system and around 8,750 people are diagnosed with cancer in this part of the body every year in the UK. It’s a form of cancer that’s becoming more common and, in adults, is now the 13th most common cancer.
The exact causes of oesophageal cancer are unknown but there are certain factors that have been linked to the disease developing. All cancers are caused by cells that start to act abnormally, multiply uncontrollably to form tumours. Among the risk factors for oesophageal cancer are:
GORD is a condition that means the acid contained in the stomach can travel up the oesophagus. In around 10% of the people that have GORD, the damage that the condition causes leads to the cells in the lining of the gullet changing. While these changes in cells don’t necessarily mean a person will develop cancer it does significantly increase the risk.
Drinking alcohol in excessive amounts can cause irritation and inflammation in the lining of the oesophagus. This inflammation can mean the cells in the gullet can become cancerous.
Oesophagus cancer causes include smoking because of the harmful chemicals and toxins that are contained in the smoke. These substances can irritate oesophagus. The longer a person smokes the more likely they are to develop oesophagus cancer.
Being overweight or obese can increase the risk of cancer developing in the oesophagus. It’s thought that this cause might be linked to the fact that people that are obese are more likely to develop GORD, which in turns increases the risk of cancer.
Research has indicated that not getting enough fruit and vegetables in your diet can increase the risk of you getting oesophageal cancer.
Some medical conditions can also increase the risk of cancer of the gullet developing. Among these conditions are tylosis, Paterson-Brown Kelly syndrome, and achalasia.
When oesophageal cancer initially develops it doesn’t usually have any symptoms but as it grows and the tumour expands the signs can become more apparent. Oesophageal cancer symptoms can include:
The signs and symptoms of oesophageal cancer can often be associated to other conditions but it’s always important to get them checked by a GP so they can rule cancer out. The NHS advises patients to make an appointment to see their doctors if they experience signs of oesophageal cancer, especially if they find they have difficulty swallowing, heartburn on most days for 3 weeks or more, or any other unusual and persistent symptoms.
When you visit your GP with the symptoms for oesophageal cancer you doctor should ask you about your symptoms, carry out a physical examination, and look over your medical history. This should give your GP an idea of how likely it is that cancer is causing your symptoms and enough information to base the decision to order more tests on. The diagnosis of oesophageal cancer will often be handed to a specialist in conditions affecting the digestive system, known as a gastroenterologist.
There are 2 main tests used to diagnose the cancer – an endoscopy, which allows a doctor to see inside the oesophagus to check for cancer, and a barium swallow or barium meal, which involves drinking a white liquid before x-rays are taken. Most commonly an endoscopy will be used with a biopsy being taken at the same time, allowing some of the cells to be removed and tested in a lab.
Once cancer has been confirmed, doctors will look at staging oesophageal cancer. The stages range from 1 to 4 and have an impact on the treatment that will be recommended in your case. Further tests will be carried out, allowing doctors to see if the disease has spread, these may include:
It is possible for oesophageal cancer misdiagnosis to occur. This can stem from a number of factors, such as the GP failing to notice the symptoms and order tests that could diagnose the condition to test results being read inaccurately. Being misdiagnosed when you have cancer is serious, as a delay in treatment can mean that treatment becomes less effective.
Oesophageal cancer treatment is significantly more likely to be effective if the cancer is diagnosed in the earliest stages of the disease. As the cancer develops and spreads to other parts of the body, a cure may not be possible. If misdiagnosis has happened it can affect the patient’s oesophagus cancer life expectancy. If you’ve been affected by misdiagnosis it may be possible to make a compensation claim.
Cancer of the gullet treatment depends on each patient’s individual needs and conditions. A team of healthcare specialists will work together to create a treatment plan that considers your situation and recommend a plan that they feel is most suitable for you, although the final decision on the treatment chosen will remain with you.
One of the main factors for deciding treatment of oesophageal cancer is the stage that the cancer was at when it was diagnosed. Those that are diagnosed between stages 1 or 3 can usually be treated with surgery, sometimes in conjunction with chemotherapy and radiotherapy. For cancer diagnosed at stage 4, cancer of oesophagus treatment usually focuses on slowing the spread of the disease and relieving symptoms, as it’s often spread too far for a cure to be possible.
There are 3 main types of surgery that can be used as cancer of the oesophagus treatment, the team responsible for your care should recommend the option that is best suited to your case. These 3 surgery types include an oesophagostomy, which is used for treatment of cancer in the early stage, where the section of the oesophagus that contains the tumour is removed, sometimes it may also involve removing some lymph nodes and a small section of the stomach. An endoscopic mucosal resection can also be a treatment option during the early stages and is similar to an oesophagostomy without the need to make incisions. For more advanced cases a stent can be conducted.
When used as oesophageal cancer treatment, chemotherapy can be used before surgery, to shrink the size of the cancer, as an alternative to surgery, or to relieve symptoms when a cure isn’t possible. Chemotherapy works by killing the cancerous cells and can be used with both surgery and radiotherapy.
Radiotherapy also uses radiation to kill cancer cells and shrink tumours. Like chemotherapy it can be used with surgery and to relieve the symptoms of oesophageal cancer.
There is more than one type of oesophageal cancer. How each cancer is defined depends on the type of cell that the cancer initially started in. Knowing the type of oesophageal cancer you have can help doctors decide on the best treatment plan for you. Oesophageal cancers can be:
Adenocarcinomas are cancers that start in the gland cells. These cells are responsible for making the mucus that lines the gullet and generally cancer of this type starts further down the oesophagus.
Squamous cells are the cells that make up the lining of the oesophagus. Cancer that occurs in the middle and upper part of the gullet it is more likely to be squamous cell cancer.
In some cases, the cancerous cells are not mature enough to be differentiated, this means that it’s not possible for a specialist to tell which type of cell your cancer started from.
There are other types of cancer that can occur in the oesophagus, however, these are very rare and include melanoma, lymphoma, and sarcomas.
In the UK, the oesophagus cancer survival rate depends on many factors, including your general health, the type of cancer you have, the stage at which the disease was diagnosed, and more. If the cancer hasn’t spread to other parts of the body the survival rate for oesophageal cancer 5 years after diagnosis is 40% and around the same amount can have treatment to completely cure the disease.
Oesophageal cancer survival rates UK vary depending on the type of cancer you have. Around 40% of people with squamous cell carcinoma will survive their disease for more than 3 years, while this increases to 50% for adenocarcinoma cancers.