By Joanne Jeffries. Last Updated 8th November 2021. Welcome to this case study covering medical negligence payouts for kidney failure.
Accident Claims UK are a specialist personal injury solicitor offering a no win, no fee service for injuries due to a delayed diagnosis of kidney failure.
Kidney failure compensation
In this case study the patient was very worried about his health and visited his local GP on numerous occasions as he had very high blood pressure, tingling in his face and hands, feeling cold, leg cramps and just generally being very ill, very often. The GP treated the symptoms as high blood pressure caused by stress and was given a course of tablets to reduce the symptoms.
The claimant didn’t recover while on the tablets and was so worried about his health that he gave up his job to try and recover but had to keep attending the GP’s surgery as he didn’t improve. After the seventh visit to the GP he asked for a second opinion and within hours the new doctor, following a urine test, asked the claimant to attend A&E immediately where he was given a delayed diagnosis of kidney failure by the consultant at the hospital, something which should’ve happened much sooner.
The delayed diagnosis of kidney failure in this case led to a preventable kidney transplant, pain, suffering and loss of earnings that ultimately led to delayed diagnosis compensation of £82,500.
We are ready now if you would like to make a claim for your delayed diagnosis of kidney failure case, call us free on 0800 073 8801, or if you want to know more about how this case was compiled and eventually successful then read on.
Misdiagnosis And Delayed Diagnosis Statistics
You may think that delayed diagnosis compensation claims are rare in the UK as, in general, the NHS is so good at treating patients but, unfortunately, mistakes are sometimes made that can mean a delayed diagnosis of kidney failure and other similar conditions. The error in this case could simply have been avoided if the first doctor had completed the same urine test that the second doctor did correctly.
According to Arthur Elstein, a specialist psychologist who has studied “How doctor’s think” for most of his career, doctors make the wrong diagnosis 10-15% of the time. In some cases that doesn’t cause problems but in the case of a delayed diagnosis of kidney failure, and in this case, can lead to surgery that a) isn’t required and b) changes patient’s lives.
The financial impact of delayed diagnosis of kidney failure cases to the NHS is unclear as the government reports aren’t specific but in 2014 to 2015 the cost of medical misdiagnosis and delayed diagnosis claims amounted to over £185 million.
The delayed diagnosis of kidney failure in this case cost the NHS £85,000 to put right which could’ve been avoided by one simple urine test. The claimant could’ve avoided the dialysis he underwent and the transplant of the new kidney.
Kidney Failure And Kidney Dialysis
The kidney plays an important role in the human body by removing waste products, salt and water from the bloodstream. If the kidney fails, then it’s essential it is picked up quickly so that dialysis can commence. A delayed diagnosis of kidney failure can result in serious complications, or worse, as the body has no way of cleaning the blood.
There are 3 main reasons for kidney failure which are:
- Urine problems leaving the kidney which prevent the bladder from emptying properly.
- Blood flow problems preventing the blood from getting to the kidneys properly. Dehydration can be a cause of this type of kidney failure.
- Actual physical damage to the kidneys. A kidney biopsy may be required to diagnose the cause of this type of injury and any delayed diagnosis of kidney failure in this case could have a massive impact on what type of treatment is required.
The workaround to kidney failure, used until the problem can be resolved (either by transplant or treatment, is kidney dialysis. Usually the kidneys would clean the blood but in cases of kidney failure they are unable to do so, therefore a machine is used to clean the blood instead. Depending on the severity of the symptoms the dialysis may be quite frequent.
Common symptoms for kidney failure include changes in urine colour, tiredness, fatigue, passing small amounts of urine, puffiness of the feet and legs and generally feeling unwell.
As the claimant in this case presented with a few of these symptoms it is perhaps surprising that a delayed diagnosis of kidney failure occurred at all.
How Was The Claim Carried Out?
The legal case, argued on behalf of the claimant, was that the initial visits to the doctor should’ve picked up on the problems and that the delayed diagnosis of kidney failure meant that he had to undergo a kidney removal (which could’ve been avoided), had to give up work (which he didn’t need to) and had to undergo pain and suffering which could’ve easily been avoided if the delayed diagnosis of kidney failure had been avoided by an early, correct diagnosis.
The claim was against the NHS and, as is common in our experience, was settled out of court. The evidence gathered by the claimant’s personal injury solicitor was passed to the NHS legal department who would’ve conducted their own investigation and either agreed with the initial claim that the delayed diagnosis of kidney failure was avoidable or offered their own settlement amount (once liability had been confirmed).
Ultimately the claim was settled for £82,500.
How Was The Delayed Diagnosis Compensation Settlement Agreed?
The compensation for delayed diagnosis of kidney failure took into account:
- The pain and suffering that happened when the claimant had to have his kidney removed. If the failure to diagnose hadn’t happened, then the operation could’ve been avoided altogether.
- The reduced years of the claimant’s life: Because of the delayed diagnosis of kidney failure, and subsequent transplant, the life expectancy of the patient has reduced.
- Loss of earning: The patient gave up his job when the delayed diagnosis left him feeling unwell, he lost money and therefore the claim compensated him for this.
The compensation for delayed diagnosis of kidney failure was successful in this case because the solicitor was able to prove the fault of the first doctor involved and the claim was made within 3 years of the transplant. All personal injury claims, including delayed diagnosis claims, must be made within 3 years of the injury occurring.
No Win No Fee Medical Misdiagnosis And Delayed Diagnosis Claims
At Accident Claims UK we operate a no win, no fee service for all claims, including delayed diagnosis of kidney failure claims, that we take on.
Some solicitors charge by the hour for their services which can leave the client with a large legal bill, even if the solicitor doesn’t win them any compensation.
We only charge a fee if we win the compensation you deserve. We don’t charge anything up front and we don’t charge an hourly rate. We’ll tell you a set fee during the free consultation and that amount won’t change – you’ll only pay if we are successful with your claim. We think that if you’re going to make a claim for delayed diagnosis of kidney failure then this is the best way as it is financially risk free.
Talk To Accident Claims UK Now About Medical Negligence Payouts For Kidney Failure
If you think that you’re now ready to make your claim for a delayed diagnosis of kidney failure using our no win no fee service then you can contact our team of specialists at Accident Claims UK by:
- Telephone 0800 073 8801
- Live chat, available on all pages of our website
- Email, office@accidentclaims.co.uk
- Or use our contact form.
We offer a free consultation where you can tell us how your delayed diagnosis of kidney failure has affected you and we may be able to offer you an estimated amount of compensation you could be entitled to.
What other reasons could I receive medical negligence payouts for kidney failure?
While this incident related to a delayed diagnosis, there are a variety of other reasons that you may experience clinical negligence that could lead to kidney failure. For example, if you receive a wrong prescription, and it damages your kidney, this could lead to kidney failure. This could be considered clinical negligence to. Other incidents that could damage your kidneys could include surgical negligence, a wrong diagnosis, or a late diagnosis. Should you experience any type of clinical negligence that leads to a kidney injury, or kidney failure, please do not hesitate to contact us. We could provide you with a solicitor, who is authorised and regulated by the Solicitors Regulation Authority, with years of experience in helping claimants like you. Our solicitors could fight for the maximum compensation settlement possible for your claim. We could ensure you receive the damages you are eligible for.
What damages make up medical negligence payouts for kidney failure?
When it comes to making a medical negligence claim, your compensation payout could include:
- Special damages – these would compensate you for financial losses and costs you’ve sustained or are likely to sustain in the future due to your condition. For example, if you have lost out on income because you had to take time away from work to recover from your kidney injury, you could claim for this as special damages. If you are unable to return to work, a future loss of earnings payout could be achieved. Special damages could also include care costs and travel and medical expenses.
- General damages-when it comes to general damages, the medical evidence she submits with your claim could have a significant impact on your compensation settlement. This is because general damages compensate you for your pain, you’re suffering and your loss of immunity. The medical evidence could help to provide proof of your injuries and their nature and severity. It could also include details of your prognosis too.
When it comes to fighting for the maximum amount of compensation for your claim, having a lawyer on your side could be of benefit. They could ensure you claim all the damages you are eligible for, and they could negotiate for the maximum settlement possible for your case.
Do I have to use a lawyer near me for medical negligence payouts for kidney failure?
It is now easier than ever to process your claim without the need to meet a solicitor face to face. This means you are not restricted to the locality of your lawyer or law firm. You could choose a solicitor that is based anywhere in the UK so long as they are registered in England and Wales to practise law. We could help connect you with such a lawyer no matter where in the UK you are based.
How common are medical negligence payouts for kidney failure?
Currently, there are no kidney negligence payouts statistics available. However, if you would like to get some idea of how much the NHS has paid out in clinical negligence claims in 2020- 2021, the graphic below from the NHS Resolution website may be of interest to you.
Useful Links Relating To Medical Negligence Payouts For Kidney Failure
Here are a couple of articles that you may find useful if you’re still considering making a claim for your delayed diagnosis of kidney failure.
Medical Negligence Claims – our guide to medical negligence claims in general, not just the delayed diagnosis of kidney failure that this article concentrates on.
Kidney Failure – A guide, from Great Ormond Street hospital, on the causes of kidney failure and treatment.
GP Negligence Claims – this delayed diagnosis of kidney failure was against a GP, this guide shows how to make GP negligence claims.
NHS Guide to Dialysis – an article by the NHS detailing dialysis treatment.
Thank you for reading this case study relating to medical negligence payouts for kidney failure.
