Bowel cancer misdiagnosis claims: Your expert guide

Bowel cancer, also known as colorectal cancer, is a cancer that affects any part of the large bowel, including the colon and rectum. It often develops from pre-cancerous growths in the area called polyps, although not in all cases.

According to Bowel Cancer UK, bowel cancer (also known as colorectal cancer) is the fourth most common cancer in the UK, with approximately 44,000 people diagnosed with the condition every year. 94% of patients diagnosed are aged 50 or over, but it is possible to develop bowel cancer at any age. 

As well as being one of the most common types of cancer, bowel cancer is also the second deadliest. More than 16,800 people succumb to this condition each year, although this number is dropping thanks to better diagnosis and treatment options.

Are there different types of bowel cancers?

Over 90% of bowel cancers are adenocarcinomas, which start in mucus-producing gland cells of the bowel lining. Other rarer forms of bowel cancer include:

• Neuroendocrine tumours (NENs): Slow-growing tumours that develop from neuroendocrine cells
• Gastrointestinal Stromal Tumours (GISTs): Tumours that develop from the cells that control the bowel muscles
• Primary Colorectal Lymphomas: Cancers that start in the bowel’s immune system cells
• Squamous Cell Tumours: Very rare tumours that most commonly develop in the anus
• Leiomyosarcomas: Tumours that form in the smooth muscle cells of the bowel

What are the common symptoms of bowel cancer?

Common symptoms of bowel cancer include (but are not limited to):

• Changes in bowel movements, such as softer stools and diarrhoea
• Blood in your stool
• Bleeding from your rectum
• Fecal incontinence
• Stomach pain and/or a lump in your tummy
• Bloating
• Intermittent pain when eating
• Unintentional weight loss
• Feeling tired or breathless (anaemia)

In some instances of colorectal cancer, the cancer may cause blockages in your digestive tract. Known as a bowel obstruction, this stops digestive waste from passing through your intestines.

Who is most at risk of developing bowel cancer?

Bowel cancer can affect anyone, but the vast majority of people diagnosed with it are over 50. Men are also slightly more likely to develop colorectal cancer than women (1 in 15 men compared with 1 in 18 women).

Other risk factors associated with bowel cancer are:

• A family history of bowel cancer or colon cancer
• Pre-existing digestive disorders (Crohn’s disease, ulcerative colitis, etc.)
• Genetic conditions such as familial adenomatous polyposis (FAP)
• A diet heavy in red or processed meat
• Smoking or drinking alcohol in excess quantities
• Being overweight or obese, alongside physical inactivity

When diagnosing, healthcare professionals should ask about these risk factors. Failing to do so could be grounds for a cancer misdiagnosis claim if the patient suffers harm.

How is bowel cancer diagnosed?

If your GP or another healthcare professional suspects bowel cancer, they will usually first conduct a digital rectal examination (DRE) to identify lumps or signs of illness. After this, you may undergo several tests, including:

• Colonoscopy: The main test for bowel cancer, where a thin, flexible tube with a camera is inserted rectally to look inside your bowel
• Sigmoidoscopy: Similar to a colonoscopy, but with a shorter tube
• Biopsy: If abnormal tissue is identified during a colonoscopy or sigmoidoscopy, a biopsy may be taken to confirm whether cancer is present
• CT colonography: A 3D scan of your large bowel and rectum
• Stool samples: Doctors will test your stools for traces of blood
• Blood tests: This shows signs of iron-deficiency anaemia, suggesting you are losing blood due to the cancer

Today in England, Wales and Northern Ireland, patients aged 50 to 74 are sent faecal immunochemical tests (FITs) every two years. These tests detect hidden blood in the stool, allowing doctors to catch bowel cancer at its earliest stages.

If your GP suspects bowel cancer, they should issue an urgent GP referral – commonly known as a two-week wait referral – ensuring you are seen by a specialist within 14 days.

For three years, Miss M suffered numerous symptoms including rectal bleeding, constipation, diarrhoea, unexplained weight loss, fatigue, lower back pain and abdominal pain.

During GP and A&E visits, she was diagnosed with an anal fissure, haemorrhoids and anaemia at different times, but nothing cured her pain. Eventually, an MRI of her back revealed an abnormality in her bowel, which was determined to be a tumour.

Miss M underwent surgery to remove some of the tumour, followed by chemotherapy, but unfortunately died two years after diagnosis. 

Our solicitors at Gadsby Wicks pursued her cancer misdiagnosis claim due to the failure to arrange an MRI or CT scan sooner. Had Miss M’s cancer been diagnosed two years earlier, surgery would have been possible, and her life would have been prolonged by up to five years.

We understand that starting a bowel cancer negligence claim can be intimidating. We aim to make the claims process as straightforward as possible.

After completing our online form or contacting us directly, we will arrange a free initial consultation with our dedicated nurse advisers. They will listen to your situation, take notes, and establish the most appropriate way to fund your claim.

Our experienced solicitors will review your claim – we only take on cases we are confident we can win. If we believe your claim is valid, you will then be assigned one solicitor who will be responsible for your case from start to finish. They will be your go-to person to answer any questions and guide you through the process.

We will then start gathering the evidence to support your claim, contact relevant independent experts to conduct reports, and file the relevant paperwork on your behalf. From these initial investigations to negotiating a settlement, we are with you every step of the way.

How long does a bowel cancer negligence claim take to settle?

There is no definitive timeframe for a bowel cancer negligence claim, as every claim is different. It will depend on the complexity of your case, the availability of independent experts, the stance taken by the defendants, and numerous other factors.

In our experience of managing claims across Essex and East Anglia, we estimate these claims to take between two and five years to reach a final settlement.

Our long track record and established network of independent medical experts ensure that we work as efficiently as possible, while never rushing or overlooking crucial details.

Is there a time limit to make a bowel cancer misdiagnosis claim?

Most claimants have a time limit of three years from the Date of Knowledge to make a bowel cancer misdiagnosis claim.

The Date of Knowledge is when you should have become aware that something was wrong with your previous diagnosis. This ensures that you can pursue a claim even if it has been more than three years since your first GP visit.

There are exceptions to the three-year limitation period:

• If the claimant is under 18, they have until their 21st birthday to start a claim
• If the claimant lacks mental capacity, there is no time limit
• If the claimant dies before their claim is settled, the three-year time limit restarts from their date of death

In all circumstances, we encourage you to start your claim as soon as possible, to ensure that evidence remains fresh.

How much does it cost to make a bowel cancer negligence claim?

As “no-win, no-fee” medical negligence solicitors, we guarantee that our clients do not pay a penny at any stage unless their bowel cancer claim is successful.

We assume all costs throughout the claims process, and take our success fee from your final settlement. This means you are never out of pocket throughout your case.

How much compensation can I recover in a bowel cancer claim?

There is no fixed bowel cancer compensation amount or average settlement for cancer misdiagnosis. Awards in cancer misdiagnosis cases can range from tens of thousands to millions of pounds, depending on the severity of harm and the financial losses caused by the misdiagnosis or delayed treatment.

Compensation is split into two main categories:

1. General damages: Compensation for the physical and psychological impact of the negligence, often referred to as pain, suffering and loss of amenity (PSLA).
2. Special damages: Compensation for the measurable financial losses caused by the negligence, covering both past and future losses.

Examples of financial losses that may be accounted for in your final compensation award include:

• Loss of earnings due to time off work, or reduced earning capacity for the future
• Medication, treatment and therapy costs
• Care costs for personal care, domestic tasks, childcare support, etc.
• Travel expenses between hospital appointments
• Adaptations to your home or vehicles
• Medical aids and equipment, such as wheelchairs or crutches

Through our investigations, we will provide you with a clear estimate of what we expect to recover, and keep you informed through our negotiations with the defendants.