If I had to undergo chemotherapy due a delay in correctly diagnosing colorectal cancer, does this entitle me to make colon cancer misdiagnosis compensation claims?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

You will be entitled to make colon cancer misdiagnosis compensation claims provided that it can be shown that the delayed diagnosis of colorectal cancer was due to a medical mistake and that chemotherapy would not have been required had the correct diagnosis not been delayed.

However, even though your delayed diagnosis would appear to have been the consequence of medical negligence, and the deterioration of an existing condition occurred as a result, colon cancer misdiagnosis compensation claims are rarely simple.

In order to establish that you are entitled to compensation for the misdiagnosis of colon cancer, it is necessary to prove that the misdiagnosis of colorectal cancer or the delay in obtaining a correct diagnosis was a mistake than no competent doctor should have made “at the time and in those circumstances”.

Therefore an expert physician would has to review your medical history and ascertain that the doctor responsible for the delayed diagnosis of colorectal cancer was guilty of a poor professional performance and lacked the skill – or lack the ability to demonstrate the skill – which would have resulted in a correct diagnosis.

Colorectal cancer has symptoms which can be confused with a number of less severe bowel conditions – such as irritable bowel syndrome; however, even if colon cancer is not suspected you should have been referred for tests to confirm that your doctor´s original diagnosis was correct. If no referral was made, or it transpires that the results of the tests were misinterpreted, it is highly likely that a claim for compensation for the misdiagnosis of colon cancer will be possible.

In order to start the process for the review of your medical history, you should discuss the circumstances of the delay diagnosis with an experienced medical negligence solicitor. The solicitor should be able to determine whether it is worth your while to pursue colon cancer misdiagnosis compensation claims against your doctor and engage the services of an expert physician.

Any costs associated with obtaining legal and medical advice can be recovered in your claim for compensation for the misdiagnosis of colon cancer once negligence and injury have been established and, as there is a fixed time limit available to you to make colon cancer misdiagnosis compensation claims, it would be in your best interests to speak with an experienced medical negligence solicitor as soon as possible.