Kidney Cancer Misdiagnosis Compensation Claims

Kidney cancer misdiagnosis can have serious and even fatal consequences. According to the NHS, kidney cancer can be curable if you find it early enough. However, if you suffer a misdiagnosis at the hands of a medical professional, your cancer may not be diagnosed until it is already in the later stages, which can reduce the chances of effective treatment. 

Kidney cancer misdiagnosis

Kidney cancer misdiagnosis claims guide

If your cancer has been misdiagnosed due to the negligence of a medical professional, you may wonder if you can claim compensation. This article will explain what medical negligence is and is eligible to claim and how a No Win No Fee solicitor could help you strengthen your case.

To start your medical compensation claim today, get in touch with our solicitors by:

Select A Section

  1. Could I Claim For Kidney Cancer Misdiagnosis?
  2. Types Of Kidney Cancer
  3. What Are The Symptoms Of Kidney Or Renal Cancer?
  4. How Kidney Cancer Misdiagnosis Could Happen
  5. Kidney Cancer Misdiagnosis Compensation Calculator
  6. Get Help With Making A No Win No Fee Kidney Cancer Misdiagnosis Claim

Could I Claim For Kidney Cancer Misdiagnosis?

Kidney cancer is the 7th most common cancer in the United Kingdom, according to Cancer Research UK, and misdiagnosis can have serious consequences. However, there are some cases of misdiagnosis that will not form the basis of a valid medical negligence claim, as you must be able to connect your misdiagnosis with medical negligence.

All medical professionals owe a duty of care to their patients. This means that they have a responsibility to make sure all their actions meet a minimum standard of care, as outlined by the General Medical Council.

If they fail to meet this standard and you suffer harm as a result, they could be found negligent. And in this case, you may be able to claim compensation. Get in touch with our team of advisors today to find out if you have a valid claim.

Renal And Kidney Cancer Statistics

According to Cancer Research UK, there are around 13,300 new kidney cancer cases every year in the United Kingdom. These make up 4% of the total reported cancer cases. Alongside this number, Cancer Research UK reports that there has been an 88% increase in kidney cancer incidents since the early 1990s.

Types Of Kidney Cancer

The most common type of kidney cancer in adults is renal cell cancer, also known as renal cell adenocarcinoma, making up over 80% of all reported kidney cancers. Types of renal cell cancer include:

  • Clear cell
  • Papillary
  • Chromophobe 

Other types of kidney cancers include:

  • Transitional cell cancer: This is when cancer begins in cells in the renal pelvis or ureter.
  • Wilms’ tumour: This cancer affects children and is different from kidney cancer found in adults.
  • Sarcomatoid cancer: Sarcomatoid kidney cancer is when the cancer cells look like sarcoma cells (a kind of connective tissue) beneath a microscope.

Grades Of Renal Cancer

Kidney cancers are graded by something called the Fuhrman system. This means that your cancer could be graded on a scale of 1-4, with one being the lowest grade and 4 being the highest. The higher the grade, the higher the chance of these cells growing and metastasising.

To learn how to claim compensation following a kidney cancer misdiagnosis, contact our advisors today. 

What Are The Symptoms Of Kidney Or Renal Cancer?

The NHS guide to kidney cancer states that some common symptoms can include:

  • Blood in your urine
  • Lumps or swelling in your side
  • Extreme fatigue
  • Persistent pain in the lower back or side, just below the ribs

These symptoms can be quite similar to urinary tract infections (UTIs) and kidney stones. Furthermore, some symptoms only appear when the cancer has already begun to spread. As such, if you begin to experience any of these symptoms, you should seek medical advice immediately. 

Our advisors can offer free legal advice and help surrounding your kidney misdiagnosis compensation claim. Get in touch today to find out more.

How Kidney Cancer Misdiagnosis Could Happen

As we mentioned earlier, you must be able to connect your misdiagnosis with negligence to have a valid claim. Some instances of misdiagnosis are unavoidable: for example, if your symptoms present differently from cancer, your doctor may not be able to reasonably diagnose you using the information that they have. In this case, you would not be able to claim, as the doctor adhered to their duty of care.

Some examples of how negligence can contribute to a kidney cancer misdiagnosis include:

  • Failure to refer: If a doctor or GP fails to refer you to a specialist service after showing clear symptoms of cancer, they could be considered negligent. 
  • Misread test results: A doctor will order a blood test or biopsy to help them in their diagnosis. If the results of these tests are misread and your doctor fails to identify cancerous cells, they may be found negligent, and you may be able to claim.
  • Lost patient notes: Your medical records and notes contain important information regarding your condition. If a medical professional loses these notes and you suffer a misdiagnosis as a result, for example, because the test results that showed your condition were misplaced, you may be able to claim.

To learn more about claiming for misdiagnosed and late-diagnosed cancer, contact our team today.

Kidney Cancer Misdiagnosis Compensation Calculator

Estimating how much compensation you could receive following a medical or hospital negligence claim can be difficult, as compensation is valued on a case-by-case basis. With this in mind, we have constructed a table with figures taken from the Judicial College Guidelines (JCG) that you can use as a compensation calculator to estimate how much you could potentially receive in a kidney cancer misdiagnosis claim.

There are two heads of claim you can pursue: general damages and special damages. General damages compensate you for the pain and suffering you experience as a result of your injuries. You can find examples of general damages according to the JCG in the table below:

Injury TypeCompensation BracketNotes
Moderate Psychiatric Damage£5,500 to £17,900Some problems coping with work, education and life, with some improvement and good prognosis.
Moderately Severe PTSD£21,730 to £56,180Effects are likely to cause disability, but with some expected recovery.
Moderate PTSD£7,680 to £21,730Cases of large recovery with no disabling effects.
Kidney Injuries (a)£158,970 to £197,480Loss of or severe damage to both kidneys.
Kidney Injuries (b)up to £60,050Significant risk of future UTIs, or total loss of natural kidney function.
Kidney Injuries (c)£28,880 to £42,110Loss of one kidney with no damage to the other.
Bladder Injuries (b)Up to £132,040Complete loss of function and control.
Bladder Injuries (c)£60,050 to £75,010Incontinence and pain due to impairment of control.
Bowel Injuries (b)Up to £140,870Loss of natural function and dependence of colostomy.
Laporotomy ScarsIn the region of £8,110Laporotomy scars where no internal injury or illness has been found.

Special damages cover the financial losses you might incur as a result of your injuries. For example, if your cancer spreads as a result of your delayed diagnosis, this can reduce your mobility. In this case, you may need mobility aids such as a stairlift in your home. You could claim back the cost of this under special damages.

However, you must be able to provide proof of financial loss to claim. As such, it can be helpful to keep any receipts, invoices, or bills that might be relevant.

Our advisors can provide a free estimation of what your claim could be worth when you get in touch today.

Get Help With Making A No Win No Fee Kidney Cancer Misdiagnosis Claim

A No Win No Fee solicitor can make the complex legal processes involved with making a claim seem simpler and can help you answer difficult questions that you may not be able to navigate alone. 

A No Win No Fee agreement is an agreement by which you can fund the work of a solicitor. You don’t pay any upfront or ongoing fees, and you only pay a success fee if your case succeeds.

In this case, your solicitor will deduct a portion of your award, but this portion has a legal cap to help ensure that you get the majority of your compensation. However, if your claim fails, you pay nothing to your solicitor.

Our panel of No Win No Fee solicitors can help guide you through the kidney cancer misdiagnosis claims process with their years of legal knowledge and experience. Get in touch with our advisors today to learn more by:

References

Below, we’ve included links to some related articles:

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If you have any more questions about claiming for kidney cancer misdiagnosis, get in touch with our team.

Guide by Cat

Edited by Fern