Kidney cancer, also called renal cancer, is a common cancer that affects people of all ages, races, and genders. It can be caused by many things, including genetics, lifestyle choices, and harmful medications like Zantac. Cancer misdiagnosis, a delayed cancer diagnosis, or a failure to accurately diagnose cancer, are common occurrences in healthcare facilities throughout Delaware, Maryland, and Washington D.C..
Once kidney cancer has been diagnosed, a treatment regimen should be implemented by your team of medical professionals. Failure to do so due to an incorrect, delayed, or incorrect diagnosis can end horribly for the victim. If you, or a loved one, are incorrectly or inaccurately diagnosed, the outcome can be life-threatening or even fatal.
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What Is Kidney Cancer?
Kidney cancer is a form of cancer that starts in the kidneys when cells grow out of control, leading to the development of a tumor. The cancer can then spread to other areas of the body, which is known as metastasizing.
Not every cancer that begins in the kidneys is the same, which means there could be different treatment options available for you based on the type of kidney cancer you have. Kidney cancer is so often misdiagnosed that the month of March has been named Kidney Cancer Awareness Month in the hopes of raising more awareness of the condition and how to catch and treat it early.
Transitional Cell Carcinoma
Anywhere from 5 to 10 kidney cancers out of 100 are diagnosed as transitional cell carcinomas (TCCs). These cancers are also referred to as urothelial carcinomas. This cancer starts in the lining of the renal pelvis and is often linked to smoking.
Renal Cell Carcinoma
Renal cell carcinoma (RCC) is the most common type of kidney cancer. Anywhere from nine to 10 cases of kidney cancer is diagnosed as an RCC.
Renal Sarcoma
Renal sarcoma is a rare form of kidney cancer that starts in the blood vessels belonging to the connective tissues of the kidney and makes up less than one percent of all kidney cancer diagnoses.
Wilms Tumor
Wilms tumor is very rare in adults and is almost exclusive to children. The exact cause of Wilms tumor is unknown, but it is believed to be due to genetic mutations that happen during fetal development.
How Is Kidney Cancer Diagnosed?
The most common signs of a patient with kidney cancer are blood in the urine and a mass in the abdomen. For the most part, doctors can diagnose kidney cancer before it spreads to other areas of the body. Additional symptoms of kidney cancer include the following:
- A fever that persists
- Loss of appetite
- Extreme fatigue
- Pain in the abdomen that persists
- Weight loss
- Heavy sweating
If the cancer has spread from the kidney, the patient might also experience pain in their bones, coughing up blood, and shortness of breath.
Men Are More Likely to Develop Kidney Cancer
Men have double the chance of developing kidney cancer compared to women. Risk factors include:
- Smoking
- Obesity
- Using painkiller medications regularly
- Age
- A disease of the kidneys that requires dialysis
- Family history of kidney cancer
Doctors diagnose kidney cancer using an intravenous pyelogram (IVP), which is when a dye is sent into the urinary tract to find tumors. It is considered an x-ray of the kidney. Other tests used to diagnose kidney cancer include:
- Ultrasound
- CT scan
- MRI
- Renal arteriogram (this test increases the blood supply to any tumors present
A kidney cancer diagnosis does not necessarily require a biopsy, but it can be used to confirm the diagnosis. A biopsy can also be used to figure out the grade of the cancer and the aggressiveness to which it has spread throughout the body.
What Is a Misdiagnosis?
A misdiagnosis can happen in one of two ways; you are either diagnosed with a disease, such as cancer, but do not have it, or you do have a disease and are not diagnosed until it is too late to treat. A misdiagnosis or failure to diagnose can lead to being treated incorrectly, receiving delayed care, and many other complications. Misdiagnosis is often caused by the following:
- Misreading test results: Test results are often misread when they are ignored or rushed.
- Miscommunication: Misdiagnosis occurs when the lines of communication between medical providers are blurred, ignored, or do not exist.
- Poor critical thinking: If a doctor or other medical provider does not have strong critical thinking skills, it can lead to your condition being misdiagnosed.
- Inadequate knowledge: Your doctor might not have the knowledge required to properly diagnose your condition.
- Inadequate experience: Your doctor might not have the experience necessary to diagnose a rare condition.
A cancer misdiagnosis can lead to the worsening of your condition, a delay in proper treatment, and even cause harm. A case of cancer misdiagnosis can lead to a medical malpractice claim. A human can live a normal, healthy life with just one kidney.
How Do You Know if Your Doctor’s Mistake Is Malpractice?
It can be difficult to determine if you have a case for medical malpractice due to the medical misdiagnosis of kidney cancer, especially if you do not have medical training or someone in your family in the medical field. However, certain signs can help you determine if your case involves medical malpractice, including:
- Lack of informed consent: The doctor failed to fully explain the risks of the disease or the procedure you underwent for a kidney cancer diagnosis.
- Severe complications from treatment: If you are suffering severe complications from the treatment prescribed for your kidney cancer, it could be that the doctor chose the wrong treatment method.
- The treatment is not working: If the kidney cancer continues to worsen, it could be that the treatment is failing and that your doctor made a mistake in diagnosing the disease or choosing the treatment.
- There has been no doctor follow-up: If you have raised concerns with your doctor about your symptoms, and there has been no follow-up from them, you might have a medical malpractice case.
- The plan for treatment and the severity of your cancer do not match: If the treatment you are receiving seems to be excessive or, conversely, insufficient for your diagnosis, the doctor might have made a mistake.
- Understaffing appears to be a problem: Hospitals and other medical facilities are often understaffed, which can lead to employees who are working to make mistakes with diagnoses.
- New symptoms have appeared: Have new symptoms appeared that are related to your kidney cancer, and are they completely different from what you were warned about? If so, you might have a case for medical malpractice.
How to Prove Medical Malpractice
To prove that your case involves medical malpractice, you will need the following:
- Copies of your medical records
- Records related to your treatment
- Lab test results
- Results of X-rays, CT scans, MRIs, and other tests
- Testimony from medical expert witnesses
The four D’s of medical malpractice will need to come into play to be successful, and they include the following:
- Duty: The medical professional owed you a duty of care.
- Dereliction: Your doctor was derelict in their duty of care.
- Damages: You suffered actual damages as a result of your misdiagnosis.
- Direct cause: Proving that your injuries were caused directly by the actions or inactions of the doctor.
Complications After a Kidney Cancer Misdiagnosis
If kidney cancer is not recognized early, it can have a lasting impact on your life, including death. Other complications from a kidney cancer misdiagnosis include the following:
- Progression of the disease
- Limitations on treatment
- The cancer undergoes metastasis
- Loss of normal organ function
- Your psychological health is impacted
- Your finances can be impacted
- A reduction in your quality of life
- Your body develops a resistance to treatment
- You develop complications in recovery
- Your life expectancy can lower
Half of All Kidney Cancer Cases Are Misdiagnosed
According to data published in PharmaTimes, half of all kidney cancer cases are initially misdiagnosed. The data shows that patients are often misdiagnosed with kidney stones, urine infections, or respiratory issues instead of being diagnosed with kidney cancer. The study also found that 73% of participants had no signs of kidney disease before being diagnosed, and around 43% said their disease was found incidentally.
Once diagnosed, close to 48% of the people involved in the study were already at the later stages of the disease, such as Stage III or IV, which come with poor prognosis.
How Do You File for Medical Malpractice for Kidney Cancer?
If you believe you are the victim of medical malpractice related to a kidney cancer misdiagnosis, the first thing you need to do is retain an experienced kidney cancer misdiagnosis lawyer. Your lawyer will file a written certificate of merit with any lawsuit that is started.
A written certificate of merit tells the court that the case was reviewed by the lawyer with a medical expert and that the medical expert has determined whether there was malpractice involved.
How Can a Lawyer Help with a Kidney Cancer Misdiagnosis Claim?
One of the most important ways a lawyer can assist with a kidney cancer misdiagnosis claim is by understanding the statute of limitations. In Delaware, you have just two years from the date of your injury to file a claim. In Maryland, you have just three years to file a lawsuit.
A lawyer will ensure that your case meets all of the filing deadlines so you do not miss out on the opportunity to seek compensation for your injuries. A lawyer will also find and hire the right expert witnesses to testify in your case, should it reach trial. An expert medical witness can help explain why you were misdiagnosed and what it has done to your ability to heal.
Another advantage of working with a lawyer is that they will be able to conduct a thorough investigation of what went wrong in your case, like why the doctor misdiagnosed you. What did they miss in the test results? Was the chosen treatment incorrect for the severity of the disease?
All of these questions can be answered when a lawyer investigates what happened to you.
Contact a Kidney Cancer Misdiagnosis Attorney for Help
Call or email our kidney cancer misdiagnosis attorneys at Shelsby & Leoni P.A. to discuss your case. Messrs. Shelsby and Leoni have many years of combined experience as plaintiff lawyers as well as insurance defense attorneys. We will use our skills, experience, and resources to fight for compensation for every loss you’ve suffered.