In this article, we’ll discuss when you may be eligible to make a medical negligence claim after your cancer was misdiagnosed as kidney stones. We will discuss the duty of care all medical professionals owe their patients and how a breach of this leading to avoidable harm could constitute medical negligence.
Furthermore, this guide will provide examples of how your cancer could be misdiagnosed as kidney stones. We will also share examples of the evidence that could help support a medical misdiagnosis claim.
Additionally, we will explain how compensation payouts are calculated for successful cases. We will also discuss how the solicitors on our panel may be able to offer their services to you on a No Win No Fee basis for your claim.
Keep reading to learn more about making a medical negligence claim for compensation. Alternatively, you can contact our team of advisers by using several methods. Our team can answer your questions about the claims process during a free consultation. To learn more:
- Call 0800 408 7827
- Complete our online ‘Contact Us’ form.
- Speak to an adviser via the live support function below.
Browse Our Guide
- Eligibility Criteria For Medical Negligence Claims When Cancer Has Been Misdiagnosed As Kidney Stones
- Examples Of How Cancer Could Be Misdiagnosed As Kidney Stones
- How Much Medical Negligence Compensation Could You Receive When Making A Claim For Misdiagnosis?
- Potential Evidence That Could Be Used In A Medical Misdiagnosis Claim
- Claim Misdiagnosis Compensation On A No Win No Fee Basis
- Learn More About Claiming For Cancer Misdiagnosed As Kidney Stones
Eligibility Criteria For Medical Negligence Claims When Cancer Has Been Misdiagnosed As Kidney Stones
All medical professionals owe their patients a duty of care, which means they must provide the correct standard of care. If they provide a substandard level of care, their patient could suffer avoidable or unnecessary harm. This could constitute medical negligence.
You may be eligible to pursue a medical negligence claim if your cancer was misdiagnosed as kidney stones if you can show:
- A medical professional, such as your GP or doctor, owed you a duty of care.
- This duty was breached.
- As a result, you suffered avoidable harm.
Not every misdiagnosis of cancer represents medical negligence. As such, it is not always possible to claim. However, if you have evidence that you meet the above criteria, please call our team to discuss claiming after your GP failed to diagnose your cancer correctly.
According to Cancer Research UK, kidney cancer symptoms can include blood in the urine, a lump in the kidney area, or pain between the ribs and hip. The NHS states that symptoms of kidney stones include blood in urine, pain in the side of the abdomen and fatigue. If kidney cancer is misdiagnosed as kidney stones, it could mean the cancer spreads to other parts of the body, such as the lungs, the bowels, and the brain.
Below, we have provided some examples of how cancer could be misdiagnosed:
- A lab technician could mislabel the results of your CT scan, meaning that you are diagnosed with the kidney stones that appear on another patient’s scan.
- Your GP fails to order further testing despite displaying symptoms of kidney cancer, and misdiagnoses you with kidney stones instead.
- A doctor misinterprets your blood test results, causing you to receive a misdiagnosis of your kidney cancer.
If your cancer is misdiagnosed, this could cause you to receive delayed treatment, and the cancer could spread. Additionally, if your cancer has been misdiagnosed as kidney stones, you may receive the wrong treatment, such as having to undergo unnecessary surgery.
Speak to our advisors if you have any questions regarding your specific medical negligence case, such as whether you could sue a hospital for negligence.
Compensation settlements for successful medical negligence claims can involve up to two heads of loss. The first is called general damages and is intended to help compensate for the unnecessary harm you experienced due to a breach in the duty of care by a medical professional.
To help assess how much a claim could be worth in general damages, reference can be made to the Judicial College Guidelines (JCG). This document contains guideline compensation brackets for different types of harm, organised by type and severity.
The table below contains some of the compensation brackets shown in the JCG’s 16th edition. However, it’s important to be aware that these figures are guidelines only. Also, the first figure is not from the JCG.
|Guideline Compensation Brackets
|Multiple Severe Illnesses and Injuries with Financial Losses
|Up to £500,000 and above
|Compensation for multiple severe injuries and illnesses to address the physical and psychological impacts as well as any financial losses, such as lost income and care costs.
|£219,070 to £282,010
|Very serious disability, either cognitive or physical, and constant care required.
|Serious and permanent damage or loss
|£169,400 to £210,400
|Both kidneys are affected.
|Up to £63,980
|Risk of urinary tract infection or other complete loss of natural kidney function.
|Loss of one kidney
|£30,770 to £44,880
|No damage to the other.
|Up to £184,200
|Loss of natural bowel function and urinary function and control with other medical complications.
|Loss of natural function
|Up to £150,110
|Dependence on colostomy may be present but this depends on age.
|£100,670 to £135,920
|Typically a younger individual with serious disability where there is probability of worsening condition leading to premature death.
|£70,030 to £97,330
|Typically an older individual with lung cancer that impairs natural function and quality of life.
Special Damages When Claiming For Misdiagnosis Compensation
In addition to general damages, you may be able to claim special damages. This head of claim is intended to help you recoup financial losses brought about as a direct result of the medical negligence. For instance, they could help you recover:
- Lost past and future earnings.
- Medical expenses.
- Incurred travel expenses.
If your cancer has been misdiagnosed as kidney stones and you would like further information regarding compensation for medical misdiagnosis claims, you can contact our advisory team.
If your cancer was misdiagnosed as kidney stones, and you want to make a medical negligence claim, you will need to gather sufficient evidence to support your case.
Examples of evidence that you could collect include:
- A copy of your medical records stating anything you have been diagnosed with and the treatments you’ve received.
- The contact information of anyone who witnessed your treatment, as they may be able to provide a statement. This could include someone who attended your appointments with you.
- Any blood test results or scans, such as from an ultrasound.
- Evidence of any financial losses you have suffered, such as a copy of your bank statements.
If you are pursuing a claim, your case may also be subjected to the Bolam Test. This is when a panel of medical professionals who have been trained in a relevant field assess whether the standard of care you received was of an appropriate level. The findings of this test could then be used as evidence in your claim.
One benefit of instructing a solicitor is that they can help you gather evidence to support your specific case. Contact our advisors to see if you could be eligible to work with one of the solicitors on our panel and how they could assist you.
If you have strong grounds to make a medical negligence compensation claim, one of the solicitors on our panel could help you. They have lots of experience working on various types of medical negligence claims, including cases where cancer has been misdiagnosed as kidney stones.
One of the medical negligence solicitors on our panel may offer their services to you under a particular type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). With this arrangement in place, you will not have to pay anything to your solicitor upfront or while your claim is underway for their work. You also will not have to pay a fee for their services if the claim fails.
Instead, your solicitor will take a success fee from your compensation if your claim ultimately succeeds. This is taken as a percentage. However, the maximum percentage this fee can be is subjective to a legislative cap, meaning you will receive the majority of your compensation.
To learn more about making a medical negligence claim, speak to one of our advisors. This consultation is free and can take place at any time that’s convenient for you. To learn more:
- Call 0800 408 7827
- Complete our online ‘Contact Us’ form
- Speak to an adviser on via the live support option below
Additional medical negligence claims guides by us:
- Information regarding the main causes of medication errors and when you could claim compensation.
- When you could claim compensation for a thyroid cancer misdiagnosis, and how much you could receive.
- Advice if you have received a delayed bowel cancer diagnosis and when you could be eligible to make a claim.
- Kidney Cancer – NHS overview of kidney cancer.
- Good Medical Practice – Guidance from the General Medical Council (GMC).
- NHS Constitution – Government resource regarding principles and values of the NHS in England.
To see whether you may have a valid medical negligence claim if your cancer was misdiagnosed as kidney stones, you can contact our team of advisors.