The Steps Involved in Bringing a Kidney Cancer Negligence Claim | Nash & Co Solicitors
Written by Mike Shiers and Rebecca Brisley | Medical Negligence team | 25 February 2026
If you believe your kidney cancer diagnosis was delayed or missed due to medical negligence, it is natural to want to understand exactly how a claim works. Knowing the steps involved can help you feel more in control and informed.
Claims for kidney cancer negligence focus on two key areas: whether the standard of care fell below what is reasonably expected, and whether any breach of duty caused a delay in diagnosis or treatment. While every case is unique, the legal process typically follows a series of clear steps.
Step 1: Gathering your medical records
The first step is to request all relevant medical records from your GP, hospital, or specialist. This includes:
Referral letters
Test results and imaging reports
Consultation notes
Correspondence between healthcare providers
Having a complete record helps identify where delays, omissions, or errors may have occurred.
Step 2: Detailed review and assessment
Once your records are obtained, an experienced member of the Medical Negligence team at Nash & Co Solicitors reviews them carefully. This review considers:
Whether appropriate tests and referrals were made
Whether abnormal results were acted upon promptly
The timeline between symptoms, investigations, and diagnosis
This stage helps determine whether there is a realistic basis for a claim.
Step 3: Independent medical evidence
Independent medical experts are then instructed to provide an opinion on whether the care provided fell below acceptable standards and whether earlier intervention would likely have changed the outcome. This evidence is crucial in establishing breach of duty and causation in any claim.
Step 4: Identifying responsible parties
In many cases, delays or misdiagnosis may involve multiple healthcare providers, including GP practices, hospital departments, or consultants. Nash & Co Solicitors assesses responsibility carefully to ensure the correct parties are included in the claim.
Step 5: Pre-action correspondence
Before a formal claim is submitted, the relevant healthcare providers or their insurers are contacted. This correspondence outlines the allegations, shares supporting evidence, and gives the other party an opportunity to respond. Clear and professional communication at this stage can help set the foundation for resolution.
Step 6: Negotiation and settlement
Most kidney cancer negligence claims are settled before reaching court. Your solicitor will negotiate with insurers or hospital trusts to reach a fair settlement. The focus is on ensuring any compensation reflects the impact of the delayed diagnosis on your treatment and long-term care.
Step 7: Litigation (if necessary)
If a settlement cannot be agreed, the case may proceed to court. Our team will prepare the claim thoroughly, using medical evidence and timelines to demonstrate breach of duty and causation. Court proceedings are approached with transparency, clear communication, and client care at every stage.
Step 8: Receiving compensation
If a claim is successful, compensation may cover:
Costs of additional treatment or monitoring
Loss of earnings due to treatment delays
Ongoing healthcare or support required
The process ensures you are supported in taking the steps necessary to address the consequences of the delayed diagnosis.
How Nash & Co Solicitors can help
At Nash & Co Solicitors, clients are guided through every stage of a kidney cancer negligence claim with clarity, care, and transparency. You will speak directly with an experienced member of our Medical Negligence team who will explain the process, review your records, and liaise with independent experts. Communication is clear, straightforward, and unpressured, ensuring you understand every step from assessment through to resolution.
We assist clients across Plymouth, Devon, Cornwall, and throughout the UK, handling kidney cancer misdiagnosis claims with professionalism and attention to detail. You can contact us on 01752 827067 or email medneg@nash.co.uk.
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A claim arises when care falls below acceptable standards and this delay or omission contributed to a later diagnosis of kidney cancer.
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The first step is to contact an experienced Medical Negligence team to review your medical records and assess whether a claim is likely to be viable.
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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, 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. We review the full timeline and identify all parties responsible for delays or omissions in care.
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Most claims are resolved through negotiation. Court proceedings are only required if a fair settlement cannot be reached and your solicitor will ensure you receive full support.
