I was diagnosed with a urinary tract infection by my GP when in fact I had kidney stones. Can I make a kidney stones misdiagnosis claim to account for the months of pain I went through?
Your eligibility to make a kidney stones misdiagnosis claim for compensation is going to revolve around why your GP mistakenly diagnosed you with a urinary tract infection and whether a competent physician, presented with the symptoms you displayed “at the time and in the circumstances” would have made the correct diagnosis, or at least referred you to a hospital for a CT scan.
Provided that a medical expert can review your medical records and come to the conclusion that your GP was negligent in his duty of care towards you, you should be able to make a claim for the misdiagnosis of kidney stones; however, in addition to requiring the services of an expert urologist, you will also need to engage the services of a medical negligence solicitor to assist with your claim.
Your solicitor will have to contact your GP for the relevant medical notes and then after reviewing them and carefully discussing the details with you, your solicitor will submit the medical notes to an expert urologist. The independent medical expert will produce a report that will confirm if there was medical negligence in the misdiagnosis of your kidney stones. Should your GP deny his or her liability for the pain you experienced after your misdiagnosis, your solicitor will issue court proceedings. It is rare that a kidney stones misdiagnosis claim is heard in court, as your GP´s medical insurance company will be reluctant to take a chance on the outcome of a case for which your solicitor has already constructed the strongest possible claim.
Whether liability is admitted or not, it is likely at some stage that an offer of settlement will be made by your GP´s medical insurance company. Offers of compensation for the misdiagnosis of kidney stones that are made without a full assessment of the pain and suffering you experienced and any ongoing consequences to you health are likely to be inadequate, and by negotiation with the insurance company, your solicitor should be able to obtain a far more appropriate settlement of your kidney stones misdiagnosis claim.
One important factor with regard to claims for the misdiagnosis of kidney stones is that, after a while, the memory of just how painful the condition is tends to fade. You will also find that you will forget the times that the pain you experienced from your kidney stones prevented you from enjoying a full and active life. Therefore, it is advisable to write down every negative impact that the misdiagnosis of kidney stones had on your quality of life and then speak with a medical negligence solicitor at the first practical opportunity.