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When bowel conditions are diagnosed late, the impact on the suffer can be considerable. Here we look at some bowel conditions, why their diagnosis can be delayed and when claims for medical negligence can arise.
Bowel cancer is the fourth most common cancer in the UK, with someone dying from the disease every 30 minutes. However, according to Bowel Cancer UK, the UK lags behind many other high-income countries in terms of diagnosing and treating the disease - meaning more cases are diagnosed late when the disease is more difficult to treat. According to Cancer Research UK, 54 percent of bowel cancer cases in the UK are preventable.
The current bowel screening scheme in the UK provides home stool testing kits for those aged 60 to 74. However, the government is in the process of extending this to include those aged 50 to 59. Nonetheless, opportunities for early diagnosis are being missed as recent data shows that almost one third of those who are sent the screening tests do not return them. TV personalities including Tommy Walsh are backing an NHS campaign to get the country talking about bowel cancer screening and the importance of utilising the kits.
Hospital services to diagnose bowel cancer have been under considerable pressure with a shortage of endoscopy, imaging and pathology staff (see previous blog). Bowel Cancer UK have campaigned to end the capacity crisis, reporting that nine in ten people will survive if diagnosed at the earliest stage but thousands are waiting for tests.
The three main symptoms of bowel cancer are blood in the stools, changes in bowel habit and abdominal pain. Yet, these all have possible alternative causes leading to the potential for misdiagnosis. According to a report by the All. Can Cancer Initiative, four out of ten people with cancer are misdiagnosed at least once before their disease is identified. GPs play a key role in identifying signs of cancer and delays in referrals can occur if they mistakenly attribute symptoms to a benign condition.
For patients with red flag symptoms of bowel cancer, particularly rectal bleeding, the first consultation with a GP provides an opportunity to refer that, if missed, could lead to a worse outcome. In these circumstances there may be a claim for compensation for medical negligence.
National charity Guts UK has published data about Microscopic colitis which it says is underdiagnosed and on the rise in the UK. The disease is an inflammatory bowel disease (IBD). Other IBDs including Crohn’s Disease and Ulcerative Colitis, can have serious consequences if there are delays in diagnosis and treatment, sometimes leading to the need for surgery.
Microscopic colitis causes stomach pain, fatigue and persistent diarrhoea. It can be difficult to diagnose. Unlike Crohn’s Disease and Ulcerative Colitis, an endoscopy (a camera inserted into the body to look at the digestive system) will not reveal the condition and a bowel biopsy is needed.
According to Guts UK, a study has shown that one in three patients with microscopic colitis were initially wrongly diagnosed with irritable bowel syndrome (IBS). This can lead to patients suffering unnecessarily for years with debilitating symptoms. However, once diagnosed there is an effective treatment for most patients.
Where harm has been suffered, failures in the diagnosis of IBDs can lead to claims for medical negligence.
We understand that bowel problems can be difficult to talk about. We also understand the terrible impact that living with such conditions can have. We are specialists in dealing with claims relating to failures in the treatment of bowel conditions and help our clients get the compensation they deserve, including helping the families of those who have died from a bowel condition such as cancer.
If you or a family member have been affected by the issues raised in this blog please contact one of our Medical Negligence & Personal Injury lawyers on 020 7814 1200, or email us at claims@kingsleynapley.co.uk.
Kirsty Allen is a Senior Associate in the Clinical Negligence and Personal Injury department.
Kirsty has a varied caseload of clinical negligence and personal injury matters. Her clinical negligence practice includes adult and child brain injury cases, as well as failure to diagnose cancer, negligence resulting in loss of sight, gynaecological and cauda equina claims. Kirsty also has experience of Inquests. Kirsty’s personal injury work focuses on serious and fatal claims.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Kirsty Allen
Robert Houchill
Connie Atkinson
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