If your cancer has been misdiagnosed as kidney stones because of a medical professional’s negligence, you may be able to make a claim for compensation. You would need to show that this negligent misdiagnosis caused you avoidable harm.
Our guide will go into further detail about when a medical professional’s actions or inactions could be considered negligence. We will look at when you could be eligible to make a claim, the evidence you could provide in support of your claim and how these kinds of settlements are valued.
You can also reach out to one of our advisers to speak to someone directly about your situation. They offer free consultations and can be contacted by:
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- When Are You Able To Claim If Your Cancer Has Been Misdiagnosed As Kidney Stones?
- How Can Kidney Cancer Be Misdiagnosed As Kidney Stones?
- What Amount Of Medical Misdiagnosis Compensation Could You Receive?
- Evidence That Could Help You Receive Misdiagnosis Compensation
- How Can You Make A Medical Misdiagnosis Claim On A No Win No Fee Basis?
- Learn More About The Medical Negligence Claims Process
To be eligible to make a claim for medical negligence, you will need to show that:
- You were owed a duty of care by a medical professional
- A breach of this duty occurred
- This breach caused you unnecessary harm
As a patient, you will be owed a duty of care by any medical professional that attends to your health; this means that they need to provide . They can breach this duty by providing you with care that falls below the expected standard. If this breach causes you avoidable, unnecessary harm, then this is an example of medical negligence.
If you experience medical negligence, you may be able to make a claim for compensation. Your compensation could address how you were unnecessarily harmed both physically and mentally. You could also be compensated for the financial impact that this has had.
If you have been harmed because your cancer was misdiagnosed as kidney stones, then please reach out to one of our advisers. They could provide you with a free evaluation of your eligibility to make a claim.
Below, we have included some examples of how cancer could be misdiagnosed as kidney stones:
- There was a failure to schedule necessary tests that could have identified your disease correctly
- You received a different patient’s diagnosis, meaning your condition had a chance to progress while you went without the correct treatment
- A diagnostic test was performed incorrectly
Cancer can get worse if you don’t receive treatment for it. In particular, kidney cancer can spread to the lungs, liver, brain and lymph nodes.
It is important to note that a medical misdiagnosis will not always be considered negligence. A medical professional could misdiagnose you while providing you with care of the correct standard. If this is the case, you’d be unable to claim, even if you were harmed by the misdiagnosis.
Is There A Time Limit For A Medical Negligence Claim?
Under the Limitation Act 1980, a time limit applies to starting your claim. You generally have 3 years in which to start a medical negligence claim.
This can run from the date that your condition was misdiagnosed. However, in some cases, it might not be possible for you to make the connection right away between your misdiagnosis and negligence. If this is the case, you could use the date of knowledge as the beginning of your time limit.
The date of knowledge is when you found out, or would have been expected to know, that your condition was caused by negligence.
Exceptions can apply for minors or people without the mental capacity to claim. You can reach out to one of our advisers for information about the time limit that would apply to such claims.
You can seek two types of compensation in a medical negligence claim. These are general damages and special damages.
General damages is the head of claim that takes into account any unnecessary pain and suffering you have undergone as a result of medical negligence. This type of compensation can be determined by an evaluation of how you were unnecessarily affected in terms of your health and your personal circumstances.
A publication called the Judicial College Guidelines (JCG) is usually used to help value claims. We have used entries from these guidelines to create the table below. However, you should only use this table as a guide, and the figures are not guaranteed.
|Brain- Moderately Severe
|Very serious disabilities of a physical or cognitive nature.
|£219,070 to £282,010
|Brain- Moderate (i)
|Severe intellectual deficit and an effect on personality.
|£150,110 to £219,070
|Serious damage to both kidneys
|Total loss of natural kidney function
|Up to £63,980
|Loss of one kidney with no damage to the other
|£30,770 to £44,880
|Lung Disease (a)
|In a young person. Serious worsening of the condition causing premature death.
|£100,670 to £135,920
|Lung Disease (b)
|Lung cancer in an older person that is painful and impairs function.
|£70,030 to £97,330
|The fear that your life expectancy will be reduced.
Special Damages When Making A Claim For Misdiagnosis
Special damages relate to the financial losses that medical negligence has caused you to incur.
For example, you may have:
- Lost out on income as you were unable to work
- Spent money on treatment or care that you would not otherwise have had to spend
- Spent money on aids to help you cope with your illness
Any compensation you request should try to address both your current and future financial needs.
Your compensation claim will depend on the evidence you can provide of both the act of negligence, and how you were affected by it.
You could, as examples, present:
- Your medical records – which can contain your doctor’s notes and evidence of your treatment
- Your correspondence with the hospital
- Proof of your financial losses
- Personal testimony of your suffering
These are general examples; you can reach out to one of our advisers if you would like to receive specific advice on the evidence you should collect for your claim.
If you can present a valid claim that shows that your cancer was misdiagnosed as kidney stones due to negligence, you may be offered a medical negligence solicitor’s services on a No Win No Fee basis.
The terms usually offered under such an agreement are that you would not:
- Pay an upfront fee to hire their services
- Make any ongoing payments for their work before your claim is settled
- Owe any fees for the work they’ve done if your claim is unsuccessful
In a successful claim, you will be charged a success fee. This is a percentage taken out of your compensation award. This fee is regulated and capped under the Conditional Fee Agreements Order 2013.
Making a medical negligence claim might be easier with the help of a lawyer than it would be alone. For example, they can make sure that all aspects of your claim are covered and help you in the process of collecting evidence.
We can provide you with a free evaluation of your claim to let you know if you could work with a No Win No Fee solicitor. You can contact us for free at any time by:
We’ve attached some additional links that you may find useful in:
- Cancer Research: Guide To Kidney Cancer
- Macmillan Cancer Support: Guide To Accessing Benefits & Financial Support
- Justice.gov: Guide To The Protocols You Should Follow To Start A Claim
Thank you for reading our guide on how to start a claim after being avoidably harmed because your cancer was misdiagnosed as kidney stones. We offer guides on other topics such as:
- Claiming Compensation For Medical Negligence Resulting In Death
- Birth Injury Claims
- How To Report Medication Errors And Start A Claim
Writer Fern Smith
Publisher Marlon Croote