By Stephen Hudson. Last Updated 24th October 2024. This detailed guide explains when you could be eligible to make a medical negligence claim after cancer is misdiagnosed as kidney stones. As you move through this guide, you will find a description of the duty of care that all medical professionals owe to their patients. If this duty of care is breached, leading to the patient suffering avoidable harm, it could result in a medical negligence claim.
The misdiagnosis of cancer could lead to harm, such as the worsening of your condition, pain and suffering and have an impact on future prognosis. Later in the guide, we explore potential compensation figures that could be awarded for the avoidable harm suffered in a successful medical negligence claim.
At any time, you can contact our team for helpful advice relating to your medical negligence claim. Should an advisor assess your case and find that you may be eligible to bring forward a claim, they could put you in contact with one of our team’s specialist No Win No Fee solicitors.
You can:
- Contact us through our website
- Call the free helpine, 0800 073 8804
- Click on the live support feature at the bottom of the page.
Select A Section
- Eligibility For Cancer Misdiagnosis Claims
- How Could A Cancer Misdiagnosis Affect You?
- My Cancer Was Misdiagnosed As Kidney Stones – Do I Need Evidence To Claim?
- What Could You Claim If Your Cancer Was Misdiagnosed As Kidney Stones?
- No Win No Fee Misdiagnosis Claims
Eligibility For Cancer Misdiagnosis Claims
If your cancer was misdiagnosed as kidney stones, you may wonder if you are eligible to seek compensation. When a hospital or doctor agrees to provide you with treatment, they automatically owe you a duty of care. This means that the treatment they provide must meet a minimum standard.
If you suffer harm that could have been avoided due to a breach in this duty, you could be eligible to make a medical negligence claim. However, not every misdiagnosis of cancer occurs because of medical negligence.
To start a medical negligence claim for a cancer misdiagnosis payout, you must be able to prove that:
- You were owed a duty of care by a medical professional.
- This duty was breached.
- You suffered avoidable harm because of this breach.
Cancer misdiagnosis can occur when a medical professional attributes cancer symptoms to a different ailment leading to the wrong diagnosis being given. Some situations that could result in a cancer misdiagnosis include not sending a patient for any tests leading to pain in the abdomen being mistaken for kidney or misinterpreting test results.
An advisor from our team can check your eligibility for medical negligence compensation. Get in touch using the details at the top of the screen.
Time Limit For Misdiagnosis Claims
It’s important to be aware that eligibility for claiming if cancer was misdiagnosed as kidney stones also depends on how long you take to start.
According to The Limitation Act 1980, medical negligence claims have to begin within three years of the substandard care occurring.
Not everyone becomes aware right away that their harm was avoidable and caused by negligent treatment. Therefore, an alternative starting point for the three-year time limit is the date you became aware that the harm you suffered was linked with medical negligence.
Some exceptions could cause the limitation period to be paused, possibly even indefinitely. Learn more about this by calling us today. An advisor can also help you identify how long you have to get your cancer misdiagnosis claim started.
How Could A Cancer Misdiagnosis Affect You?
If your cancer is misdiagnosed as kidney stones or another condition, then this could potentially cause serious health problems. As we’ve already mentioned, you could not claim a cancer misdiagnosis payout for misdiagnosis alone; you must also be able to prove that it caused avoidable harm.
Potential consequences of a cancer misdiagnosis could include the following:
- The cancer could spread to a point where treatment is no longer an effective option, resulting in a reduction in life expectancy.
- If the cancer is misdiagnosed as a different condition in a patient, they may receive incorrect treatment, such as invasive surgeries and incorrect medications with severe side effects.
- The symptoms caused by the cancer could worsen and progress due to the lack of treatment, reducing your quality of life.
- A cancer misdiagnosis can also mean you don’t receive treatment causing your condition to worsen and spread to other areas of the body. According to Cancer Research UK, kidney cancer can spread to other tissues including the lungs, bones, brain and liver.
These are just a few examples of how a cancer misdiagnosis could cause you to suffer avoidable harm. Speak to our advisors today either online or on the phone to discuss making a medical negligence claim.
My Cancer Was Misdiagnosed As Kidney Stones – Do I Need Evidence To Claim?
If your cancer was misdiagnosed as kidney stones, and you are eligible to make a medical negligence claim, you will need to gather evidence to support your case. Some examples of the evidence you could collect include:
- A copy of your medical records, stating when you were initially misdiagnosed with kidney stones and when you were diagnosed with cancer.
- Correspondence with the medical institution where the kidney stone misdiagnosis occurred.
- Any test results, such as from a blood or urine test.
- A diary detailing any symptoms you have been experiencing.
- The contact details of anyone who was present when you received your misdiagnosis.
- Evidence of any financial losses you have suffered due to the medical negligence – e.g. a copy of your payslips to prove a loss of earnings.
To learn how one of our solicitors could help you gather evidence if your cancer was misdiagnosed as kidney stones, please contact an advisor today.
What Could You Claim If Your Cancer Was Misdiagnosed As Kidney Stones?
If you claim because of cancer misdiagnosed as kidney stones, and you are successful, you will be entitled to compensation.
This compensation can be divided into up to two parts, known as ‘heads of loss’ in the claims process:
- General damages.
- Special damages.
General damages compensate for the physical pain and mental harm that stem from negligent care.
Those valuing your claim could use your treatment records for guidance. A further source of information is a range of guideline compensation brackets that can be found in the Judicial College Guidelines (JCG).
Check out the table below, as all lines except the top one provide JCG amounts. It is only a guide, so call us if you want a more detailed review of potential medical negligence compensation.
| Harm | Type | Compensation |
|---|---|---|
| Multiple Serious Forms of Harm Plus Special Damages | Severe | Up to £1,000,000+ |
| Kidney | Loss of both | £206,730 to £256,780 |
| Risk of future infection or loss | Up to £78,080 | |
| Loss of one kidney, no effect on the other | £37,550 to £54,760 | |
| Bowels | Double incontinence with further issues | Up to £224,790 |
| Total loss of natural function | Up to £183,190 | |
| Faecal urgency and passive incontinence | In the region of £97,530 | |
| Bladder | Double incontinence | Up to £224,790 |
| Complete loss of function | Up to £171,680 | |
| Seriously impaired control | £78,080 to £97,540 |
What Does Special Damages Compensation Account For?
Potentially, you could receive special damages compensation in a cancer misdiagnosis case. The payment would address financial loss caused by medical negligence. For example, that could cover:
- A loss of earnings from missing work while you recover.
- Medical expenses.
- Travel fees.
- Domestic care costs.
Keep receipts, payslips or any other documents that highlight your losses. If you want to learn more about compensation for misdiagnosed cancer, just call our helpline today.
No Win No Fee Misdiagnosis Claims
A solicitor may offer to work on your cancer misdiagnosis claim under No Win No Fee terms. You could get expert help under a Conditional Fee Agreement (CFA). It could prove to benefit both you and your claim in the following ways:
- Firstly, your solicitor will discuss all terms of the agreement with you beforehand. Therefore, eliminating concerns, you may have about hidden payments relating to your solicitor’s work.
- You generally won’t be expected to pay for their services upfront, during your ongoing claim, or if it is unsuccessful.
- Alternatively, if the case is successful, the solicitor can collect a previously agreed-upon percentage of the medical negligence compensation. This is known as a success fee and is a small percentage capped by law.
You can get in contact with our team of advisors by doing any of the following:
- Contact us through our website
- Call us via 0800 073 8804
- Speak to us using the live support tab.
Learn More About Cancer Misdiagnosis Claims
Read the following guides from our website for further useful information:
- Bladder Cancer Misdiagnosis Claims.
- Pursuing A Compensation Claim After A Lung Cancer Misdiagnosis.
- When Can You Claim For Pancreatic Cancer Misdiagnosis?
Additionally, you can explore these external guides:
- Statutory Sick Pay (SSP) – GOV.UK
- Cancer waiting times – NHS
- Ethical guidance for doctors – General Medical Council (GMC)
If you’d like to talk about claiming because cancer was misdiagnosed as kidney stones, speak to one of our advisors using the contact details above.
