Gastroenterology is the area of medicine dealing with the normal function and diseases of the oesophagus, stomach, small intestine, colon and rectum, pancreas, gallbladder, bile ducts and liver. Issues with your digestive system can be very serious, so prompt and appropriate treatment from a specialist in gastroenterology is often necessary to protect your long-term health. Where errors are made in your treatment, however, it can have severe consequences, meaning it is often necessary to claim compensation to ensure you have the best possible treatment and quality of life.
Claiming compensation for gastroenterology negligence can be complicated and confusing, meaning expert legal advice is essential to secure a positive outcome.
Wolferstans’ medical negligence solicitors have worked on a wide range of gastroenterology claims over the years, helping our clients to secure compensation under even the most difficult of circumstances. We know exactly what is needed for a successful claim, so can ensure all the relevant evidence is collected effectively from day one and that no important details are missed.
We take particular pride in our strong track record of securing compensation out of court, saving our clients from the stress and uncertainty of court proceedings. With our skilled advocacy and expertise in non-confrontational dispute resolution, we can typically resolve claims quickly and at lower cost without the need for a court hearing.
Another key benefit of our experience is that we can offer a highly accurate valuation for your gastroenterology claim. This helps to avoid the risk of settling for less than your claim may truly be worth – something that can happen with less experienced firms.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
To arrange your consultation please contact the new client team on 01752 292204.
Our gastroenterology negligence claims service
There are a wide range of disorders and diseases related to the digestive system, negligent handling of which may lead to grounds for a compensation claim. Our clinical negligence solicitors regularly handle claims related to:
- Irritable bowel syndrome (IBS)
- Crohn’s disease
- Bowel cancer
- Stomach cancer
- Cancer of the oesophagus
- Cancer of the Liver
- Bile duct injury
We support clients throughout England and Wales with claims related to gastroenterology negligence such as:
- Misdiagnosis or late diagnosis of a digestive condition
- Endoscopy negligence
- Gastroenterology surgical negligence
- Negligent gastroenterology surgery aftercare
- Side-effects from misprescription of medication for a digestive condition
- Post-surgical infection
How gastroenterology claims work
Our clinical negligence lawyers aim to make the process of claiming compensation for gastroenterology negligence as easy as possible by providing clear, sensitive and practical support every step of the way.
A typical gastroenterology claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Find out more about the process of making a clinical negligence claim.
Funding a gastroenterology compensation claim
Worrying about how you will fund a claim for gastroenterology negligence should never be a reason to put off pursuing compensation. As long as we believe you have a strong case, we will find a suitable way to fund your claim.
In most cases, this will be with a conditional fee agreement, commonly known as a ‘no win, no fee’ agreement. With a no win, no fee gastroenterology claim, you will only need to contribute towards your legal fees and expenses if your claim is successful. Your costs will then be calculated based on a pre-agreed percentage of the compensation secured, meaning you have complete transparency at all times.
One alternative to this that some clients prefer is to fund their gastroenterology negligence claim with legal expenses insurance. Often suggested as an optional extra with home insurance, as well as some bank accounts and credit cards, this can be a better choice depending on the circumstances, so may be worth considering.
To discuss your options for covering the cost of a gastroenterology negligence claim, please don’t hesitate to get in touch.
Find out more about funding a medical negligence claim.
Our expertise in gastroenterology negligence claims
Our gastroenterology negligence lawyers have years of experience helping clients to achieve success with these often complex claims.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Find out more about our medical negligence claims team.
Common questions about gastroenterology claims
How long you have to claim for gastroenterology negligence will depend on the circumstances, so it is important to speak to a specialist medical negligence lawyer as soon as possible if you believe you may have grounds for claim.
The standard time limit to make a claim is 3 years, which may either be counted from when the negligence occurred or when you became aware of it.
However, there are various other factors that may influence the time limit, including:
- If the person affected was under 18 at the time – their parents/guardians will have until the claimant turns 18 to bring a claim. The claimant will then have a further 3 years to bring a claim of their own if this has not already been done.
- If the person does not have the mental capacity to bring a claim – there is no time limit for someone else to bring a claim for them.
- If someone has died as a result of gastroenterology negligence – as long as it happened within the original 3-year time limit, the representatives of their estate will have a further 3 years from the date of death to bring a claim.
You will normally be able to claim two different kinds of damages for gastroenterology negligence:
Special damages – Covering specific costs incurred as a result of the negligence up to the date of settlement. This might include the cost of further treatment or medication, buying special equipment and lost earnings if you have to give up work.
General damages – Covering non-financial losses e.g. pain and suffering and the impact on your lifestyle, plus expected future financial losses e.g. the cost of on going treatment and support of being unable to return to work.
In most cases, we can secure compensation without the need for court proceedings using negotiation and non-confrontational dispute resolution. This means you get compensation faster, at lower cost and with less stress and disruption to your life.
However, in those rare instances where we cannot agree an out-of-court settlement, we will ensure you have all the practical and emotional support you need to make the court process as easy on you as possible, while giving you the best chance of achieving a fair outcome.
Further information about gastroenterology claims
For more information about gastroenterology compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.
Start a gastroenterology claim with us today
To arrange a free initial no obligation consultation and find out more about starting a gastroenterology claim:
To arrange your consultation please contact the new client team on 01752 292204.