Kidney Cancer Misdiagnosis Claims | No Win No Fee

By Lewis Morrison. Last Updated 27th October 2023. Have you suffered unnecessary harm as a result of a kidney cancer misdiagnosis? You might be interested in making a medical negligence claim. Although compensation can’t make up for the stress the misdiagnosis puts you through, it can give you a sense of justice.

In this guide, we’ll discuss different scenarios of misdiagnosis, including what to do if your cancer was misdiagnosed as kidney stones. We’ll also go through the different types of kidney cancer and what the symptoms may be.

Furthermore, we’ll explore medical negligence compensation payouts and how much you could be awarded if your medical injury claim is successful. We’ll also let you know the benefits of hiring a medical negligence solicitor on a No Win No Fee basis.

However, before beginning our guide, it’s worth noting that you can reach out to our advisors for free advice at any time. You won’t ever be obligated to continue using our services, even if you find our advisors helpful or not. We just want the best for you. 

If you would like to reach out to us, you can use the following methods below:

Kidney cancer misdiagnosis

Kidney cancer misdiagnosis claims guide

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 A Kidney Cancer Misdiagnosis Could Happen
  5. Kidney Cancer Misdiagnosis Compensation Payouts
  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. 

There is usually a three-year time limit in which you need to start a kidney cancer misdiagnosis claim if you meet the other eligibility criteria. Under the Limitation Act 1980, this three-year period would begin on either the date you were harmed by medical negligence or the date you found out that medical negligence occurred.

Can I Make A Kidney Cancer Misdiagnosis Claim On Behalf Of Someone Else?

Under certain circumstances, the aforementioned three-year time limit is suspended. This applies to:

  • Those under the age of 18. In this case, the time limit is suspended until their 18th birthday. From this date, they will have until their 21st birthday to start a claim.
  • Those who lack the mental capacity to make their own claim. In this case, the time limit is suspended indefinitely. It will only be reinstated if the person regains this mental capacity. They will then have three years to start legal proceedings from the date of recovery.

In both instances where the time limit is suspended, you could apply to be a litigation friend and make a kidney cancer misdiagnosis claim on someone else’s behalf. However, as a litigation friend, you will need to act in the claimant’s best interest.

If your cancer was misdiagnosed as kidney stones and you would like to know whether you could be eligible to make a medical negligence claim, you can contact our advisory team.

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.

Can I Claim If My Cancer Was Misdiagnosed As Kidney Stones?

According to the NHS, small kidney stones are unlikely to cause any symptoms. However, for large kidney stones, the symptoms can include pain in the side of the abdomen, blood in urine, feeling sick or vomiting, and a high temperature. 

Similarly, the NHS states that there are often no obvious symptoms of kidney cancer and it’s usually diagnosed when testing for something else. However, when there are symptoms, they can include a high temperature, blood in urine, and pain between the ribs and waist. 

As you can see, some of the symptoms are similar. As such, if your doctor provides the correct standard of care, but you still receive a misdiagnosis, it may not be possible to make a claim. 

However, if you had kidney cancer misdiagnosed as kidney stones due to a medical professional providing care that fell below the correct standard, and this caused you avoidable harm, you may have valid grounds to seek medical negligence compensation.

For more information, you can contact our advisors. They can assess your case to determine whether you are eligible to claim compensation. Furthermore, they could connect you with a solicitor from our panel who could help with your kidney cancer misdiagnosis claim.

How A 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 Payouts

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
Bladder injuries (a)Up to £184,200Double incontinance and other medical complications.
Bladder Injuries (b)Up to £140,660
Complete loss of function and control.
Bladder Injuries (c)£63,980 to £79,930
Incontinence and pain due to impairment of control.
Kidney Injuries (a)£169,400 to £210,400
Loss of or severe damage to both kidneys.
Kidney Injuries (b)Up to £63,980Significant risk of future UTIs, or total loss of natural kidney function.
Kidney Injuries (c)£30,770 to £44,880
Loss of one kidney with no damage to the other.
Bowel Injuries (b)Up to £150,110
Loss of natural function and dependence of colostomy.
Hernia (b)£14,900 to £24,170
Continuing pain and impact on physical activity even after repair.
Laporotomy ScarsIn the region of £8,640Laporotomy scars where no internal injury or illness has been found.
Moderate PTSD£8,180 to £23,150Cases of large recovery with no disabling effects.

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:


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Other Misdiagnosis Claims

Below, you can learn more about claiming compensation for a misdiagnosis.

If you have any more questions about claiming for kidney cancer misdiagnosis, get in touch with our team. Remember, if something has happened like your cancer being misdiagnosed as kidney stones, we can help you.