How to Get Answers if Your Scan or Test Results were Delayed | Nash & Co Solicitors
Written by Mike Shiers and Rebecca Brisley | Medical Negligence team | 18 February 2026
Waiting for scan or test results can be a stressful time. When results are delayed and you later learn you have kidney cancer, it is natural to ask whether the delays could have been avoided and whether earlier action may have made a difference.
Delays can occur at several stages. A scan may not be arranged promptly, results may not be reviewed when they arrive, or findings may not be communicated clearly or at all. Sometimes abnormal results are overlooked, misfiled, or not acted upon until symptoms worsen.
Understanding where responsibility may lie is the first step to getting answers and, if appropriate, pursuing a claim.
How delays in scans and test results can occur
Kidney cancer is often identified through imaging such as ultrasound, CT, or MRI scans, sometimes following symptoms like blood in the urine, persistent back pain, or unexplained changes in health. Delays can arise when:
A scan is requested but not arranged within a reasonable timeframe
Imaging is performed but results are not reviewed or followed up
Abnormal findings are not escalated or referred appropriately
Results are not communicated to the patient
Not every delay amounts to negligence. The key question is whether the care fell below an acceptable professional standard and whether earlier action would probably have led to an earlier diagnosis.
When a delay may be considered negligent
In kidney cancer misdiagnosis claims involving delayed scans or test results, independent medical experts assess what a reasonably competent clinician would have done.
Delays may be considered negligent if:
Test results indicating a possible abnormality were not acted upon
Follow-up action was not taken despite red flag findings
Results were available but not communicated to the patient
Referrals to urology or oncology were unreasonably delayed
Responsibility can sit with the GP, hospital department, or a combination of providers. Experts focus on whether accepted clinical guidelines were followed and whether the patient was deprived of timely care.
Why delayed results matter
Timing is often crucial in kidney cancer. Earlier detection can affect treatment options, the complexity of surgery, and the need for additional therapies. Delays can reduce the opportunity for less invasive treatments and may increase long-term monitoring requirements.
From a legal perspective, it is also necessary to demonstrate that the delay made a material difference. This means showing, on the balance of probabilities, that earlier action would have led to an earlier diagnosis and influenced treatment or prognosis.
Steps you can take to get clarity
If you believe your kidney cancer diagnosis was delayed due to scan or test delays:
Request your full medical records, including imaging reports, referral letters, and test results
Note when you were informed of results and what actions were taken
Record when appointments occurred and what explanations were provided
Seek advice from a specialist Medical Negligence team
Early advice helps preserve evidence, clarify timelines, and assess whether further legal action may be appropriate.
How Nash & Co Solicitors can help
At Nash & Co Solicitors, you will speak directly with an experienced member of the Medical Negligence team who will carefully review your concerns and explain what steps are appropriate.
We help clients by obtaining medical records, liaising with independent experts, and guiding clients through the claims process with clarity and transparency. Our approach ensures you understand your options without pressure.
Nash & Co Solicitors assists clients across Plymouth, Devon, Cornwall, and throughout the UK. You can contact us on 01752 827067 or email medneg@nash.co.uk.
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A delay may amount to negligence if results were available but not reviewed or acted upon in line with accepted clinical standards, particularly where abnormalities were present.
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Yes. If a healthcare professional repeatedly failed to reassess ongoing symptoms or chase results, this may fall below acceptable standards of care.
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No. Negligence depends on whether another competent clinician would reasonably have acted differently. Each case is assessed individually using independent medical evidence.
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It must be shown that care fell below acceptable standards and that earlier investigation would probably have led to an earlier diagnosis with a material difference in treatment or outcomes.
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Generally, you have three years to bring a medical negligence claim but when this starts depends on your specific circumstances.
In some cases, the time runs from the date the negligence and harm were obvious, while in others it runs from your date of knowledge, meaning when you knew or reasonably ought to have known that negligent treatment had caused you harm, such as the date of a delayed cancer diagnosis.
This test is fact specific and varies by case so it is important to seek legal advice as soon as possible to protect your position.
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Yes. Our Medical Negligence team can review delayed or overlooked test results and advise whether there are grounds for a claim.
