Last Updated on 16th July 2025. In this guide, we will discuss when you could make a medical negligence claim for oesophageal cancer misdiagnosis. All medical professionals owe their patients a duty of care. This means that they must provide care that meets the correct standard. As we move through this guide, we will explain the eligibility criteria that must be met to bring forward a medical negligence claim and the time limits applicable to your case.
Furthermore, we will examine what oesophageal cancer is and how a misdiagnosis resulting from a medical professional breaching their duty of care could lead to various types of avoidable harm.
Additionally, this guide will look at how compensation could be calculated for a medical negligence claim. It will also discuss the benefits of using the services of a No Win No Fee solicitor.
You can also get in touch with one of our advisors to discuss making a claim for the misdiagnosis of cancer. They offer confidential legal advice 24/7. Additionally, they can provide a free evaluation of your case and offer insight into your eligibility to make a compensation claim.
To reach them, you can:
- Call on 0800 073 8804
- Complete our online form to contact us
- Use our live chat feature to receive advice and support
Browse Our Guide
- Can I Claim For Oesophageal Cancer Misdiagnosis?
- What Exactly Is Oesophageal Cancer?
- Oesophageal Cancer Misdiagnosis Examples
- Proving Causation In Oesophageal Cancer Misdiagnosis Claims
- Estimating Medical Misdiagnosis Payouts
- How Can Legal Expert Help Me With An Oesophageal Cancer Misdiagnosis Claim?
- Make A No Win No Fee Claim With Our Specialist Solicitors
- Related Medical Misdiagnosis Articles
Can I Claim For Oesophageal Cancer Misdiagnosis?
An oesophageal cancer misdiagnosis could happen for various reasons. However, not all instances of a misdiagnosis will form the basis of a valid claim. The criteria of eligibility that must be met to make a medical negligence claim are as follows:
- A medical professional owed you a duty of care.
- They breached this duty.
- This breach caused you avoidable harm; this could be psychological and/or physical. These three criteria form the basis of medical negligence.
Medical negligence needs to have occurred for you to be eligible to make a compensation claim. Therefore, if you did receive care below the correct standard but did not suffer any avoidable harm, you would be unable to claim.
Oesophageal Cancer Misdiagnosis Claim Time Limits
The Limitation Act 1980 states that you will generally have 3 years to begin a compensation claim. This may start from the date that the medical negligence occurred or the date of knowledge (when you learned about the negligence).
There are exceptions to these time limits in cases where the person is under the age of 18 or lacks mental capacity. Neither group can bring forward an oesophageal cancer misdiagnosis claim by themselves.
In both scenarios, the time limit is paused during which time a litigation friend could be appointed by the courts to pursue the claim on the person’s behalf.
If no claim is made on behalf of the person under 18, the three-year time limit would begin from the date of their eighteenth birthday. If no claim is made on behalf of the person who lacks the mental capacity to claim, the three-year time limit would begin if a recovery is made.
Please contact our team to learn more about the applicable time limits for your case.
What Exactly Is Oesophageal Cancer?
Oesophageal cancer is a disease that occurs when there is an abnormal growth of cancer cells in the food pipe. Also known as the gullet, the oesophagus is the tube that connects the mouth and the stomach. The cancer is more common in older people, specifically those above the age of 75, and in men compared to women.
Some of the symptoms include:
- Unexplained weight loss.
- Difficulty in swallowing.
- Continuous heartburn or indigestion.
- Pain in the throat or behind the breastbone.
- Regurgitation, or when the food comes back up as soon as you swallow it.
- Hoarseness in the voice.
- Exhaustion or fatigue.
Your GP may examine you for some of the visible signs of oesophageal cancer, such as swelling or pain in certain areas of the body. Some of these symptoms overlap with other conditions, which can potentially lead to an oesophageal cancer misdiagnosis.
If your doctor suspects that you are presenting with the symptoms of the disease, they may recommend certain tests, such as:
- CT scans
- PET scans
- Gastroscopy
- Laparoscopy
- Endoscopic ultrasound
- Blood tests
Depending on the test results, your GP may refer you to a specialist in cancer care to confirm the diagnosis and initiate treatment. When doctors fail to take such steps or even ignore a patient’s symptoms, it can form the basis for oesophageal cancer misdiagnosis claims. Therefore, it is essential for medical professionals to always be thorough and ensure they are providing their patients with the correct standard of care.
You can read ahead to see how substandard care can lead to unnecessary harm and a potentially valid claim for oesophageal cancer misdiagnosis compensation. You can also call our advisors to discuss the process of making a claim and get further guidance tailored to your experience.
Oesophageal Cancer Misdiagnosis Examples
It is important to receive a cancer diagnosis as soon as possible because, over time, the disease can spread to other parts of the body. This is called metastasis. Cancer Research UK explains that advanced oesophageal cancer can spread to the liver, lungs, and lymph nodes. In some cases, it could also spread to the brain.
If a medical professional misdiagnoses you, this may lead to a delay in receiving the treatment you require. This could lead to you suffering harm, such as a worsening of your condition or an altered prognosis.
Examples of how a misdiagnosis could occur include:
- A doctor fails to send you for further tests despite your symptoms making it necessary to do so, meaning you are incorrectly diagnosed and given the wrong treatment.
- A hospital receives the wrong test results, meaning you receive the incorrect diagnosis.
Please speak with our team to discuss the possibility of starting a medical negligence claim for your oesophageal cancer misdiagnosis.
Proving Causation In Oesophageal Cancer Misdiagnosis Claims
Evidence can support a medical negligence claim and help to prove liability. Therefore, we have provided some examples of evidence you could gather to support your claim:
- Medical reports
- Copies of any scans or test results
- Prescriptions
- Treatment plans
- Witness contact details
Additionally, the Bolam test could be used to assess whether a medical professional provided the correct standard of care. This is where other relevantly trained medical professionals will assess the level of care you received. The findings from this test could be used to strengthen your claim.
Contact our team of advisors to learn more about the evidence you could use to support your medical negligence claim for oesophageal cancer misdiagnosis.
Estimating Medical Misdiagnosis Payouts
There are up to 2 heads of a successful medical negligence claim. The first is general damages, which compensates for the unnecessary harm you suffered. The second covers the financial loss caused by that harm and is known as special damages, which we will discuss in more detail in the next section.
In the table below, we have provided guideline compensation brackets for different types of harm. To do this, we sourced those brackets from a publication called the Judicial College Guidelines (JCG). Medical negligence solicitors and other legal professionals can use the JCG to help them value general damages.
Please note that this table serves only as a guide. The brackets are not guarantees of compensation, as each case is determined on its own merits. Also note that the figure in the first row was not taken from the JCG.
| Harm | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Instances of Very Severe Harm + Special Damages (e.g. Care Costs) | Very Severe | Up to £1 million |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Brain Damage | Moderately Severe | £267,340 to £344,150 |
| Brain Damage | Moderate (i) | £183,190 to £267,340 |
| Brain Damage | Moderate (ii) | £110,720 to £183,190 |
| Brain Damage | Moderate (iii) | £52,550 to £110,720 |
| Brain Damage | Less Severe | £18,700 to £52,550 |
| Lung Disease | Young Person with Serious Disability (a) | £122,850 to £165,860 |
| Lung Disease | (b) Lung cancer | £85,460 to £118,790 |
Types Of Special Damages You May Be Awarded
The second head of claim, special damages, can compensate for the financial losses you have suffered due to medical negligence. This could include loss of earnings and the cost of using public transport to travel to medical appointments. Additionally, expenses incurred could include necessary home adaptations to improve your ability to move around.
Furthermore, acquiring evidence of these losses could be useful in supporting your claim. This could include invoices, travel tickets or payslips.
To learn more about the different types of compensation that you could be eligible to receive, please contact one of our advisors. You could also enter the details of your case into our compensation calculator to receive an estimate of the settlement you could be awarded.
How Can Legal Expert Help Me With An Oesophageal Cancer Misdiagnosis Claim?
Legal Expert can help all eligible claimants with their oesophageal cancer misdiagnosis claim, no matter their circumstances. We understand just how difficult dealing with cancer is and can provide a range of services to ensure your claim has the best chance of success.
Here are just some of the ways our dedicated solicitors can support you:
- Organising an independent medical exam.
- Ensuring you receive any treatment, rehabilitation or other care you might require.
- Helping you to collate a strong body of supporting evidence.
- Interviewing witnesses.
- Explaining all the technical terms you’ll encounter during the claim.
- Communicating and negotiating with your healthcare provider’s solicitors on your behalf.
We should point out that most claims are resolved outside of court. However, if your claim for oesophageal cancer misdiagnosis compensation does progress to this, then our solicitors will be with you every step of the way.
Find out more about oesophageal cancer misdiagnosis claims as well as how our dedicated medical negligence solicitors can help you by talking to one of our advisors today.
Make A No Win No Fee Claim With Our Specialist Solicitors
When starting a claim, it is important to seek legal advice. Our team of advisors can conduct a free assessment of your claim, and if they determine that you may be eligible, they will put you in touch with one of our specialist medical negligence solicitors. What’s more, our solicitors could work on your claim under a No Win No Fee arrangement, specifically a Conditional Fee Agreement (CFA).
This would mean that you will not be charged any solicitor fees upfront, whilst your case is ongoing, or if your claim is unsuccessful. However, if you were to win, your solicitor would take a small success fee from the compensation. This will be discussed before you enter the arrangement, and the percentage they can take is legally capped by The Conditional Fee Agreements Order 2013.
Please contact a member of our team if you would like to learn more about the benefits of using a No Win No Fee solicitor. Our advisors can also provide free legal advice concerning your oesophageal cancer misdiagnosis claim at any time.
To reach an advisor, please:
- Call on 0800 073 8804
- Claim online by entering your details into our contact us form
- Talk to an advisor through our live support feature
Related Medical Misdiagnosis Articles
To learn more about making a compensation claim following a medical misdiagnosis, please visit more guides from our site below:
- Find out about making a compensation claim after a lung cancer misdiagnosis
- Discover when you could claim for pancreatic cancer misdiagnosis
- Learn about drug allergic reaction claims
Please check the external links listed:
- An overview of the treatments for oesophageal cancer – NHS
- Read about Statutory Sick Pay (SSP) – GOV.UK
- Get insight into good medical practice – General Medical Council (GMC)
If you would like to make an enquiry about making a medical negligence claim following an oesophageal cancer misdiagnosis, please contact our team using the details provided in the guide.
Written by Marsey
Edited by Oxland/ Mitchell
