Kidney cancer treatment is becoming more effective and those diagnosed with the disease often go on to live for many years after their diagnosis. But despite this a cancer diagnosis is terrifying for anyone to hear. For individuals that have been affected by medical negligence, it can mean that they not only feel let down by the health care system but that their prognosis and treatment options have changed as a result of the delays.
Kidney cancer misdiagnosis is a serious issue and can have an impact on the survival rate if it means that the cancer is able to further grow and spread to other parts of the body. When you have cancer, you should be able to rely on those responsible for your treatment to provide an acceptable level of care, right from the beginning when you first visit your GP with concerns to undergoing surgery, chemotherapy and radiotherapy. Where this hasn’t occurred and you believe medical negligence has caused you avoidable suffering you may be able to make a misdiagnosis of cancer compensation claim.
We understand that after a diagnosis, during treatment, and even as you recover starting a claim can seem daunting. But it doesn’t need to add to the pressure and can help you move forward. With the support of our expert medical negligence solicitors, our clients are able to take a claim forward against those responsible for their suffering. If successful, these claims not only result in financial compensation but can help patients understand why they were let down.
The time limit on making a kidney cancer claim
If you decide to take a medical negligence claim forward, there is a time limit. However, the time limit starts from the ‘date of knowledge’ rather than when you first began treatment. This means you have three years to make a kidney cancer misdiagnosis clam from the date that you realised you had been let down by the health care system that is received a level of care that was below acceptable standards and caused you an injury. Identifying the ‘date of knowledge’ can be difficult in some cases, particularly if they are complex and have been ongoing over months.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
If you’re unsure about whether you can still make a compensation claim, we can help you understand your personal situation. Our expert team of medical negligence solicitors have the knowledge and skills to assess your misdiagnosed kidney cancer lawsuit and how to take the next step.
Where possible we recommend that you start the compensation process as quickly as close to the ‘date of knowledge’ as you can. Whether your claim is due to misdiagnosed kidney cancer, a delay in receiving a diagnosis, or another form of medical negligence, we’ll work with you to make the process as easy and smooth as possible.