Colon Cancer Misdiagnosis Compensation Claims
This article contains information about making colon cancer misdiagnosis claims when you – or somebody close to you – have been either diagnosed with colon cancer mistakenly or found out at a later date that your were not diagnosed with colon cancer when you should have been, and while the disease was at a stage at which it could have been treated.
Cancer of the colon is often preventable – if you are diagnosed with the condition at an early stage – and as a polyp can take many years to become cancerous, you will only be entitled to claim colon cancer misdiagnosis compensation if it can be proven that “a negligent diagnosis was the cause of an unfavourable outcome”.
As the “unfavourable outcome” in most cases of colon cancer misdiagnosis is a reduced life expectancy – or at the very least painful chemotherapy treatment with unpleasant side effects – it is important that you receive the maximum settlement possible of compensation for a colon cancer misdiagnosis to provide you with the highest levels of care and support your family financially.
Establishing Medical Negligence for a Colon Cancer Misdiagnosis
There is practically no defence against a misdiagnosis of colon cancer if you have attended your doctor in good time when the early symptoms of colon cancer manifest. Your doctor should have referred you for screening tests and any polyps which were discovered should have been removed as a medical standard.
Should your doctor fail to recognise the symptoms of colon cancer or fail to refer you to a specialist, he may be responsible for a failed diagnosis of colon cancer. The misdiagnosis of colon cancer – i.e. being advised that you do not have colon cancer when indeed you do, would indicate medical negligence from the clinic or specialist to who you were referred and would make you eligible to claim compensation for a colon cancer misdiagnosis.
The other scenario relating to a colon cancer misdiagnosis which was mentioned in our introduction above is when you have been diagnosed with colon cancer when you do not have the disease. It may be possible to claim colon cancer misdiagnosis when the “unfavourable outcome” is quantifiable emotional trauma, and this is something that you would have to discuss directly with an experienced Irish solicitor.
In order to establish who exactly was negligent and against whom a claim for colon cancer misdiagnosis should be made, your solicitor would engage the services of an expert oncologist. The expert would study your medical notes and ascertain that you have suffered an injury which “in the circumstances and at the time” could have been avoided with greater care, and confirm that you are eligible to make a claim for colon cancer misdiagnosis compensation.
Procedures for Making Colon Cancer Misdiagnosis Compensation Claims
The procedure for making colon cancer misdiagnosis compensation claims is that your solicitor will send a Letter of Claim to the negligent medical practitioner, advising him or her that you are making a claim for the misdiagnosis of colon cancer and supporting your claim with the evidence compiled by the expert oncologist. If your claim for the misdiagnosis of colon cancer is particularly strong, your solicitor will invite the negligent medical practitioner to make an offer of compensation – as medical negligence compensation for misdiagnosis of colon cancer is not assessed by the Injuries Board Ireland.
If medical negligence is admitted, and an offer of colon cancer misdiagnosis is forthcoming, your solicitor will advise you if the offer represents a fair and adequate settlement of your colon cancer misdiagnosis claim or whether it would be recommended to negotiate for more. Court action will only be necessary if the negligent medical practitioner denies liability for your misdiagnosis or disputes how much compensation for the misdiagnosis of colon cancer your solicitor believes you are entitled to.
How Much Compensation for the Misdiagnosis of Colon Cancer?
How much compensation for the misdiagnosis if colon cancer you will be entitled to will depend on how much the cancerous polyp has developed and the treatment required to remove or contain the cancer where possible. Both the physical and the emotional consequences of the colon cancer misdiagnosis will be accounted for in a claim for the misdiagnosis of colon cancer, and it is advisable that you maintain a diary to record the effect on your quality of life this terrible discovery has.
You will also be able to recover financial costs – both past and future – in a colon cancer misdiagnosis claim. These costs can relate to any expenses you have incurred in the pursuit of medical treatment for the cancer, the cost of home care if required and other sundry costs that you might have experienced – such as if you gave up your career when mistakenly diagnosed with colon cancer and now have to find work. Future lost income while you are undergoing treatment which would not have been necessary with a correct diagnosis can also be recovered in a colon cancer misdiagnosis claim as well as a consideration for a reduced life expectancy if the condition is irreversible.
Further Information about Colon Cancer Misdiagnosis Compensation Claims
If you believe that you – or somebody close to you – have been misdiagnosed with colon cancer, you are invited to call our freephone Solicitors Advisory Panel and speak directly to an experienced Irish solicitor. Our solicitor will discuss with you the possibility of making a claim for the misdiagnosis of colon cancer and explain the procedures which are relevant to your own particular situation.
After speaking with our solicitor you are under no obligation to proceed with a claim for colon cancer misdiagnosis compensation, but it is in your best interests to seek professional legal advice at the first practical opportunity. As there is little defence against a claim for the misdiagnosis of colon cancer, it is likely that you may be approached directly by the negligent medical practitioner´s insurers with an offer of colon cancer misdiagnosis compensation.
These offers are usually much less than you might expect to receive if your claim for the misdiagnosis of colon cancer ran its course, but at a time when you may still be in a significant amount of distress and concerned about your finances, the temptation to accept such an offer may be too great. If you accept an offer of colon cancer misdiagnosis compensation which proves to be inadequate for your needs, you cannot go back to the negligent medical practitioner´s insurers and ask for more. Consequently, any such offers should always be referred to a solicitor for assessment.