This is a guide explaining the eligibility criteria to pursue medical negligence compensation after your cancer was misdiagnosed as kidney stones. All medical professionals, such as doctors, pharmacists and nurses, owe patients a duty of care.
Am I able to claim for cancer misdiagnosed as kidney stones?
This duty requires them to provide the correct standard of care. Should they fail to do this, it could cause you to suffer avoidable harm. This constitutes medical negligence, for which you may be eligible to bring forward a compensation claim.
The NHS describes kidney cancer, also known as renal cancer, as one of the most common cancers in the UK. They state that when found early, it can often be cured. However, treatment may not be possible if the diagnosis doesn’t come until after the cancer has spread beyond the kidneys. This shows the importance of diagnosing cancer correctly as soon as possible.
Throughout this guide, we will examine the criteria of eligibility that must be met to make a claim, the evidence you could provide in support of your claim and the benefits of using a No Win No Fee solicitor. If you have any questions about making a claim for misdiagnosed cancer, please speak to a member of our team. They can provide confidential legal advice at no cost. They are available 24 hours a day, 7 days a week, and will not obligate you to further your claim with us.
To get in touch, you can:
- Call us on 0800 408 7827
- Contact us through our online form
- Use the live chat window on this page
Select A Section
- Can You Claim If Cancer Was Misdiagnosed As Kidney Stones?
- Potential Reasons That Cancer Was Misdiagnosed As Kidney Stones
- Evidence That Could Help In Claims For Cancer Misdiagnosed As Kidney Stones
- When Compensation Could Be Received As A Cancer Misdiagnosis Payout?
- Why Seek Medical Misdiagnosis Compensation On A No Win No Fee Basis?
- More Resources On Claiming For Misdiagnosis Compensation
Can You Claim If Cancer Was Misdiagnosed As Kidney Stones?
There are criteria of eligibility that must be met to make a claim after your cancer is misdiagnosed as kidney stones. They are as follows:
- Firstly, a medical professional owed you a duty of care.
- Then, they breached this duty of care, which caused your misdiagnosis.
- This resulted in you sustaining avoidable harm.
Therefore, not all instances of misdiagnosis will lead to a medical negligence compensation claim. For example, if you suffered harm from a misdiagnosis but the medical professional did not breach their duty of care, you’d be unable to bring forward a claim.
There are various forms of harm that you could sustain as a result of a misdiagnosis. For example, you could suffer a worsened prognosis, a reaction to the wrong medication or further pain and suffering.
Cancer has the potential to worsen as time passes and spread to other parts of the body. Cancer Research UK provides guidance on where kidney cancer may spread. This includes the following areas:
- Lungs
- Brain
- Bones
- Organs near the kidneys, for example, the bowels
- Liver
Please speak to our advisors if you have suffered avoidable harm due to a cancer misdiagnosis caused by a medical professional breaching their duty of care.
Potential Reasons That Cancer Was Misdiagnosed As Kidney Stones
Cancer can be misdiagnosed as a number of things, including arthritis, adenomyosis, and appendicitis. Kidney cancer could be mistakenly diagnosed as kidney stones. This is because they share similar symptoms, such as blood in the urine and a high temperature.
A cancer misdiagnosis could be caused in the following ways:
- A doctor not carrying out tests after hearing all of your symptoms, despite them clearly indicating cancer. This could lead to a GP misdiagnosis.
- A hospital mixes up your test results with those of another patient. This means you are told you don’t have cancer when you do. The delay in treatment allows the condition to spread.
What Is The Time Limit When Making A Claim For Misdiagnosis?
A cancer misdiagnosis claim must generally be started within three years from the date that medical negligence occurred or from the date you learned of the connection between the negligence and your misdiagnosis. These time limits are laid out in the Limitation Act 1980.
There are also certain exceptions to these time limits in circumstances where the person lacks the mental capacity to bring forward their own claim or the person was under the age of 18 at the time of the incident.
To learn more about the time limits applicable to your compensation claim after your cancer was misdiagnosed as kidney stones, get in contact with one of our advisors.
Evidence That Could Help In Claims For Cancer Misdiagnosed As Kidney Stones
There are certain forms of evidence that could be obtained to support a medical negligence claim. This includes:
- A diary of your symptoms and any treatment you receive
- Prescriptions showing the medication you were prescribed
- Medical records
- Copies of any scans or test results
- Photographs
Also, we recommend that you seek legal advice in order to receive insight into your eligibility to pursue compensation. A lawyer could also help you strengthen your claim. Speak to one of our advisors for free today.
When Compensation Could Be Received As A Cancer Misdiagnosis Payout?
Firstly, compensation could be awarded under the general damages head of claim for a successful medical negligence case. This compensates for the avoidable pain and suffering caused.
In the table below, we have provided compensation bracket guidelines relating to various kinds of harm that could be caused by kidney cancer misdiagnosis. To create the table, we have used the Judicial College Guidelines (JCG), updated for 2022. Legal professionals, such as medical negligence and personal injury solicitors, can also refer to this text when valuing the general damages head of a claim.
Judicial College Guideline Amounts
| Types of Harm | Severity | Compensation Bracket |
|---|---|---|
| Brain Damage - (b) Moderately Severe | The person will be very seriously disabled. They will require constant care and will substantially depend on others. | £219,070 to £282,010 |
| Brain Damage - (c)(ii) Moderate | There will be a modest to moderate intellectual deficit, some risk of epilepsy, and the person's capability to work will have been greatly reduced or removed. | £90,720 to £150,110 |
| Brain Damage - (d) Less Severe | The person will be able to return to work and take part in normal social activities as they have made a good recovery. | £15,320 to £43,060 |
| Kidney (a) | The person will either have serious permanent harm to both kidneys or both kidneys will have been completely lost. | £169,400 to £210,400 |
| Kidney (b) | There will be a significant risk of urinary tract infection in the future or some other complete loss of natural function. | Up to £63,980 |
| Kidney (c) | One of the kidneys will be undamaged, however, the other will have been lost. | £30,770 to £44,880 |
| Bowels (a) | The person will be doubly incontinent alongside other medical complications. | Up to £184,200 |
| Bowels (b) | Depending on age, the person will depend on colostomy and will have totally lost the natural function of the bowels. | Up to £150,110 |
| Lung Disease (a) | This bracket can include cases of a young person with a serious disability, which has a probability of progressively worsening and resulting in premature death. | £100,670 to £135,920 |
| Lung Disease (b) | This bracket can include cases of lung cancer, typically involving an older person, where there will be severe pain and impairment of quality of life and function. | £70,030 to £97,330 |
Please be aware that these figures are a guide.
Can Special Damages Make Up Part Of My Misdiagnosis Compensation?
If you make a successful medical negligence claim, you could also receive a payout under the special damages head of claim. This reimburses for the financial losses caused by medical negligence.
This may include:
- Travel expenses
- Past and future loss of earnings
- Care costs
- Home adaptations accommodating for a disability
To claim compensation under special damages, you must provide evidence of the financial losses that the medical negligence caused. This may include bus tickets, invoices or payslips, for example.
Get in touch with a member of our team for a free consultation in which you could receive an estimate of the compensation you may be eligible to receive after your cancer was misdiagnosed as kidney stones.
Why Seek Medical Misdiagnosis Compensation On A No Win No Fee Basis?
You are not obligated to use a solicitor when making a medical misdiagnosis claim. However, it could be beneficial in various ways; for example, they can help you compile evidence supporting your claim and present a complete case. To access the services of a solicitor, you may choose to enter into a form of No Win No Fee arrangement called a Conditional Fee Agreement (CFA).
This generally means the following:
- You will not have to make any payments for the services of your No Win No Fee solicitor in the event your claim does not succeed.
- There will be no upfront or ongoing payments to make for your solicitor’s services.
- Your solicitor can take a small success fee, calculated as a percentage, from the compensation if your claim succeeds.
- The success fee is capped by legislation, meaning a solicitor cannot overcharge you.
If you allow one of our advisors to assess your medical negligence claim following your cancer being wrongly diagnosed as kidney stones, they will be able to determine if you could be entitled to pursue compensation. And should they find that you may have valid grounds to put forward a cancer misdiagnosis claim, they could connect you with one of the No Win No Fee solicitors from our panel.
To get in touch for an evaluation today, you can:
- Call us on 0800 408 7827
- Contact us through our online form
- Use the live chat window on this page
More Resources On Claiming For Misdiagnosis Compensation
Please look at more of our articles for further information on making a compensation claim for harm caused by a medical professional breaching their duty of care:
- How To Sue A Hospital
- Could You Claim For A Misdiagnosis Of Lung Cancer?
- How To Sue For Hospital Compensation
You can also explore the following links:
- NHS – Management information on cancer wait times
- GOV.UK – Guidance on the NHS Constitution for England
- Cancer Research UK – Mental health and cancer
Should you have suffered avoidable harm after your cancer was misdiagnosed as kidney stones, please use the details provided in the guide above to speak to a member of our team.
Article by Oxt
Edited by Sto