How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 7731
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

This a medical negligence question: I was recently found to

Customer Question

This a medical negligence question:I was recently found to only have one kidney after an MRI scan. However I had had several body scans before 10 years previously and none of the medical professionals noticed or alerted me to the fact I had only one kidney.It is advised that people with one kidney refrain from contact sports like boxing and martial arts and watch their diet and alcohol intake to prevent any damage.However because I did not have the benefit of this diagnosis or knowledgeable when they performed a thoracic scan a decade earlier I have engaged in potentially harmful contact sports and have not monitored my diet or the damage alcohol or a high protein diet could have done to my kidneys.Are the medical professionals who should have picked this up in previous investigations liable for not giving me a correct diagnosis or prognosis and contributing to the lack of care for my kidney health leaving me in an unsafe, unmonitored condition?
Submitted: 11 days ago.
Category: Law
Expert:  Jenny replied 11 days ago.

Hello my name is***** am a solicitor and I am happy to help you today.

Have you suffered any actual harm as a result of this? I understand the potential risks you have stated.

Customer: replied 11 days ago.
No lasting physical harm due to having one kidney. Just the harm caused by engaging in activities that could have been life threatening and the distress of being told that I have an organ missing after 40 years and they hadn’t notified me when it would have become apparent
Expert:  Jenny replied 11 days ago.

Were the scans specifically to look for kidney issues?

Customer: replied 11 days ago.
The scan 10 years ago was to examine the entire thorax and pelvis as I had a very serious bacterial infection. They were able to tell me about a cyst on my liver but did not mention anything about my kidneys for some strange reason
Expert:  Jenny replied 11 days ago.

Ok I think that you are well within your rights to raise a complaint via the PALS service.

Unfortunately in order to successfully claim medical negligence you will need to demonstrate actual harm due to a delayed treatment rather than a risk of harm that has not actually occurred.

You would also need to show that a reasonable clinician should have picked up on this in the course of the testing that was being done.

There are law firms who specialise in this area that offer a free 30 minute consultation. It will be worth speaking to them about the merits of the claim but I think that the lack of harm will be a factor.

Here is an example of a law firm you can speak to.

https://www.irwinmitchell.com/personal/medical-negligence/misdiagnosis-claims

Do you have any further questions about this please?

Expert:  Jenny replied 11 days ago.

Hello do you have any further questions about this please?