Is kidney stone misdiagnosis compensation possible for two failures to give me a correct diagnosis in an emergency room? I was in excruciating pain and was taken for a CT scan, which was twice misidentified as being a kidney stone; I have just found out that I do not have one.
Kidney stone misdiagnosis compensation can be awarded only when there has been medical negligence. Medical negligence means that there has been a failure in a duty of care to you as a patient. However making a claim for kidney stone misdiagnosis compensation will depend on whether you have come to harm as a result of the misdiagnosis. You must also be able to demonstrate that a competent doctor would have been able to diagnose a kidney stone and take action to prevent pain, or you suffering further harm.
In your case, when you visited the emergency room and had a CT scan, there appears to have been a problem with the interpretation of the results. This is most likely to be due to an error made when the test was taken which caused the CT scan to produce inconclusive results. An error could also have been made when a doctor was interpreting the results of the CT scan, either through inexperience or incompetence. If the second visit used the same test results to confirm the presence of a kidney stone, and a different doctor assessed the results, it is likely to be a test error. Regardless of who has been negligent, compensation for kidney stone misdiagnosis should be attainable in your case.
What is unusual is that you were not referred to an urologist for confirmation of a kidney stone, or that after administering treatment for a kidney stone, the doctor did not refer you to a specialist on the second visit. Further tests should have been arranged, or a further CT scan should have been requested, as treatment for kidney stones is usually quick and highly effective. When it is not, this should have indicated that a misdiagnosis had been made or that further clarification was required as to why the medication was not working.
Before you try to claim kidney stone misdiagnosis compensation you must first find out why this error occurred, and if this misdiagnosis was due to medical negligence. You must also determine who is liable in a kidney stone misdiagnosis compensation claim. The claim may need to be made against the doctor, the medical professional who took the CT scan, or the hospital. The first step to take is therefore to make a NHS complaint to get the answer.
Any claim for kidney stone misdiagnosis compensation should also be assessed by a medical negligence solicitor, and it would be best to speak with a solicitor before the complaint letter is sent to make sure you structure the letter in a way that will get you the answers you are looking for.
Once you have the reply — which should take 20-40 days — you can then initiate a legal claim to recover compensation for kidney stone misdiagnosis, and a medical negligence solicitor should be used to pursue your claim. This should maximise your chances of success.