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30+ years of experience
No Win, No Fee claims
Home or hospital consults
Understanding bowel cancer misdiagnosis claims
When doctors miss the warning signs of bowel cancer, the consequences can be devastating. Bowel cancer misdiagnosis claims help patients and families whose diagnosis was delayed or missed, giving them access to the compensation they need to recover and rebuild their lives.
We've helped hundreds of Australians secure compensation after medical professionals failed to diagnose their cancer on time.
In Summary
Bowel cancer misdiagnosis claims provide support when warning signs were missed. A delayed diagnosis can lead to more aggressive treatment, a poorer outcome, or a shorter life expectancy. If this has happened to you or a loved one, you may have the right to seek answers and compensation.
Key points to remember:
- A misdiagnosis can happen if symptoms aren’t recognised, the right tests aren’t ordered, or abnormal results are overlooked
- Not every delay is negligence, but if an earlier diagnosis would have likely improved your outcome, you may have a claim
- Compensation can cover medical costs, lost income, reduced earning capacity, pain and suffering, care needs, and other financial losses
- Family members may also claim if a loved one passed away due to a delayed bowel cancer diagnosis
- Time limits apply and vary by state, so early legal advice is essential to protect your rights
- Strong expert evidence is usually needed to prove what should have happened and how the delay caused harm
Navigating a misdiagnosis can be overwhelming, especially when you're dealing with treatment and uncertainty.
Maurice Blackburn operates on a 'No Win, No Fee' basis, removing financial barriers and guiding you through the process so you can focus on your recovery.
Contact our team for a free, obligation-free consultation.
Every year, around 15,000 Australians are diagnosed with bowel cancer. It's Australia’s second-deadliest cancer, but survival rates are excellent when caught early. According to Bowel Cancer Australia, the five-year survival rate for Stage 1 bowel cancer is around 99%, compared to just 14% for Stage 4.
That's why timing is crucial. A delayed or missed bowel cancer diagnosis can mean the difference between simple treatment and more serious, life-changing procedures.
A bowel cancer misdiagnosis can happen when a GP, specialist, or hospital fails to spot the signs or doesn’t order the right tests. Symptoms are sometimes mistaken for less serious conditions. When this happens, important tests such as a colonoscopy, stool test, or imaging may be delayed.
If this delay has affected your health, you deserve answers and compensation.
Missed or delayed bowel cancer diagnoses can happen for many reasons:
Assuming rectal bleeding is just haemorrhoids
Bright red blood in your stool should always be investigated. Doctors sometimes send patients home without proper tests, assuming it’s harmless.
Attributing symptoms to irritable bowel syndrome (IBS)
Persistent changes in bowel habits, cramping, or bloating can indicate more than IBS. If symptoms continue or you lose weight, further testing is essential.
Not following up on abnormal bowel screening results
The National Bowel Cancer Screening Program sends free test kits to Australians aged 50 to 74. A positive result means blood was detected in your stool and requires a colonoscopy, yet some GPs fail to refer patients promptly, or don’t contact them at all.
Ignoring symptoms in younger patients
Bowel cancer rates are rising in people under 50, yet many doctors still assume "you're too young for bowel cancer" and don't investigate properly.
We recently represented Brent, a healthy CrossFit trainer in his mid-30s, whose early symptoms and family history were dismissed, resulting in an advanced diagnosis only after serious symptoms developed. His story is a stark reminder that bowel cancer doesn’t only affect older people. Read Brent’s full story here.
Misreading or missing colonoscopy results
Even during a colonoscopy, lesions can be overlooked or mistaken for non-serious polyps due to preparation or human error.
Failing to act on family history
If a parent or sibling had bowel cancer, your risk is significantly higher. Doctors should consider earlier screening, but this doesn’t always happen.
If you've experienced any of these symptoms and your doctor hasn't taken them seriously, we recommend seeking advice from an experienced medical negligence lawyer.
Some symptoms include:
- blood in your stool or on toilet paper
- persistent change in bowel habits such as diarrhoea or constipation
- abdominal pain that won't go away
- unexplained weight loss
- constant tiredness or weakness
- anaemia (low iron levels) without a clear cause
- a lump in your abdomen
If you’ve had any of the above symptoms and believe your diagnosis was delayed, you could have a valid claim for compensation. Our experienced medical negligence lawyers are here to guide you through the process to help you understand what your legal options and entitlements are.
A delayed bowel cancer diagnosis can have devastating consequences, far beyond the need for additional treatment.
A late diagnosis can cause:
- Cancer spreading beyond the bowel
Early-stage bowel cancer is often curable with simple surgery. Delays can allow the cancer to spread. - More aggressive treatment
Instead of minor surgery, treatment may require major surgery, chemotherapy, or radiotherapy. - Lower survival rates
Stage 1 bowel cancer has a five-year survival rate above 90%, while Stage 4 drops to around 10-15%. - Long-term health problems
Permanent bowel changes, stomas, fatigue, sexual issues, and nerve damage. - Emotional and financial impact
Advanced cancer can affect your work, finances, relationships, and mental health.
Making a bowel cancer misdiagnosis claim
Not all delayed diagnoses are negligence. Negligence occurs when a doctor or hospital fails to meet the standard expected of a competent practitioner.
Examples include:
- your GP didn't refer you for a colonoscopy despite clear symptoms
- a gastroenterologist missed a tumour during your colonoscopy
- a positive screening test result wasn't followed up
- imaging was misread and was reported as "all clear"
- you were repeatedly reassured it was just haemorrhoids without proper examination
To succeed, you need to prove:
- Duty of care – the healthcare professional was responsible for your care
- Breach of duty – they failed to meet expected standards
- Causation – this caused or contributed to your harm
- Damages – you suffered injury as a result
What compensation can you claim?
Every case is unique, but compensation commonly covers:
This includes past and future treatment costs and any out-of-pocket expenses related to your care.
If you’ve had time off work for treatment or recovery, you can claim for income you’ve lost. This includes sick leave, annual leave, and any other leave you’ve had to use.
If your health now limits the type of work you can do, or stops you from working altogether, you may be eligible to claim for the income you'll miss out on in the future. For younger clients, this can be the largest part of the claim.
Time out of the workforce also means missed super contributions. We calculate this loss and claim it on your behalf.
Also known as "general damages," this compensates you for the physical pain and emotional distress caused by the delayed diagnosis. Most states have caps, but they still allow for substantial awards depending on the severity of the injury.
If you need help with daily tasks, such as personal care, domestic duties, or transport to appointments, whether from family or paid carers, this can be included in your claim.
If you now need changes to your home or transport to support your independence, this can form part of your claim.
Where appropriate, compensation may be available if the delay has impacted your expected lifespan. Successful bowel cancer negligence claims often reach substantial settlements, depending on your age, health impacts and long-term needs.
This can include travel to appointments, parking, prescription medications, and special dietary needs.
The cancer misdiagnosis claims process
Steps to take if you’ve been misdiagnosed
1. Seek a second opinion
2. Gather evidence
Obtain medical records, test results, and any other relevant documentation.
3. Consult a medical negligence lawyer
seek legal advice to understand your rights and options.
How Maurice Blackburn can help
Why choose us for your bowel cancer misdiagnosis claim?
With decades of experience advocating for patients, Maurice Blackburn is committed to securing maximum compensation for those harmed by medical misdiagnosis. Our dedicated lawyers provide compassionate and effective representation, ensuring our clients receive the justice they deserve. Get in touch with us today for advice tailored to your situation or contact one of our office locations.
No Win, No Fee – what it means for you
We offer No Win, No Fee arrangements for many of our legal services, which means you only pay our legal fees if we win your case.
Frequently asked questions
A bowel cancer misdiagnosis happens when a doctor or hospital fails to detect bowel cancer in time. This could be because symptoms were missed, tests weren’t ordered, or results weren’t followed up. If this delay affects your treatment or outcome, you may be entitled to compensation.
If you suspect a delay in diagnosis, start by gathering medical records, noting your symptoms and timeline, and contacting a specialist medical negligence lawyer promptly. Early advice helps protect your rights and strengthens your claim.
You may be eligible to make a bowel cancer misdiagnosis claim if a delayed or missed diagnosis caused your bowel cancer to worsen or require more serious treatment. Family members can also claim if a loved one passed away due to delayed diagnosis. Time limits vary by state, so early advice is crucial.
Most states have a three-year limit from when you first knew something was wrong, but the rules vary. Don’t assume you’re out of time; you may still have legal options. We recommend speaking to a lawyer as soon as possible.
Yes. Family members can claim on behalf of someone who's died because of medical negligence. This can include compensation for loss of financial support, loss of care and guidance, and funeral expenses.
Most medical negligence cases settle before trial. If your case does go to court, we'll guide you through the process and support you every step of the way.
We offer No Win, No Fee arrangements for many of our legal services, which means you only pay our fees if we successfully win your case.
Yes. Claims can often be made while treatment is ongoing. Starting early can be helpful, especially for gathering evidence and meeting time limits.
No. Consent forms confirm you understood the risks of a procedure, but they do not protect medical professionals from negligence.
Start your cancer misdiagnosis claim today
If a cancer misdiagnosis has impacted your health, speak to Maurice Blackburn.
You don’t have to face this alone. Our compassionate team is ready to listen, understand your story, and fight for your family’s rights.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
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Ric Traini
Senior Associate, State Leader Medical Negligence, Medical injury, Childhood abuse
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Adelaide, SA
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(08) 7109 2705
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Marie Eberlein
Senior Associate, State Leader Medical Negligence, Medical injury
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Perth, WA
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(08) 6220 4300
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