Patients may be eligible to sue medical staff if their kidney cancer is diagnosed late. Kidney cancer is often detected in its early stages when it is still confined to the kidney. In some cases however, the disease only presents itself in more advanced stages. Late kidney cancer diagnosis can be attributed to the following:
- Some kidney cancers (depending on tumor location) can grow without causing pain or discomfort
- The kidneys are hard to examine during routine physical checkups
- There are no recommended screening tests for average-risk patients
In some unfortunate cases, delayed diagnosis stems from medical negligence. Any professional or facility found to have caused a delayed diagnosis through negligence can be held legally liable. Medical malpractice lawyers exist to legally support victims of negligence.
Kidney cancer has an average 5-year relative survival rate of 78.1%. Later, you'll get to see how survival rates drop when kidney cancers are diagnosed late. The National Cancer Institute expects around 81,610 new cases of kidney cancer (including renal cancers) throughout 2024.
Suffering from a Delayed Kidney Cancer Diagnosis?
CONTACT USOur Recent Case Results
Settlement
Jury Verdict
Settlement
Settlement
Yes, you may have a case if...
- Your doctor or medical team failed to meet the accepted standard of care for someone with kidney cancer risk factors or symptoms (e.g., new blood in urine, persistent flank pain, or an unexplained mass)
- That failure caused a delay of months or years, during which imaging, lab follow-up, or biopsy were not ordered or were ignored
- The delay allowed the cancer to progress from early, localized disease to a later stage (e.g., larger primary tumor or metastasis), making treatment more aggressive or less effective
- Medical evidence shows that earlier diagnosis would have led to earlier, more favorable treatment (e.g., partial nephrectomy vs. radical nephrectomy, or curative-intent vs. palliative therapy)
- You suffered measurable harm: more invasive surgery, chemotherapy, reduced survival, or permanent disability, plus financial losses from extra medical bills and lost income
- You have medical records that can be reviewed by a urology or oncology expert to confirm the breach and causation
Is Delayed Kidney Cancer Diagnosis Malpractice?
Medical malpractices lead to delayed cancer diagnosis. Various systemic and individual factors contribute to a patient's cancer being diagnosed late. While some types of cancers are notably more difficult to catch, healthcare providers must provide their patients with sufficient medical attention, ensuring that their health is always safeguarded. Doctors found to have performed poorly or negligently can be held liable for your kidney cancer's delayed diagnosis.
In a recent study, 2155 cases of cancer diagnosis claims were analyzed. They found these to be the common malpractices committed by primary care providers:
- Misdiagnosis of initial symptoms (46% of the cases studied)
- Failure to order necessary diagnostic tests (51%)
- Failure to provide timely referrals (37%)
The study finds that these errors typically lead to severe patient harm. Delayed diagnosis allows cancer to develop, making the disease harder to combat. Through a medical malpractice claim, harmed patients can be legally compensated, ensuring that they can financially cover all the treatments they would be needing.
When a late kidney cancer diagnosis may be malpractice
A delayed kidney cancer diagnosis can be medical malpractice if the provider failed to act as a reasonably competent physician in the same specialty would have under similar circumstances, and that failure harmed the patient.
Typical harmful scenarios include:
- A primary care doctor or ER physician dismisses unexplained flank or abdominal pain as back strain or "typical aging" without ordering imaging or referring to a urologist
- An abnormal finding on imaging (e.g., a renal mass or cyst) is not followed up, or follow-up is delayed for months despite concerning features (e.g., solid components, enhancement, or growth over time)
- A urologist or radiologist fails to recommend a biopsy or referral after a suspicious CT or ultrasound, or does not communicate the abnormality clearly to the patient and ordering provider
- Elevated labs (e.g., unexplained anemia, abnormal kidney function, or tumor markers) are not investigated when they, combined with symptoms or risk factors, should have prompted urologic workup
If these failures allowed the cancer to grow or spread and worsened the treatment options or prognosis, a malpractice claim may be supported by expert opinion.
Kidney Cancer Survival Rates
Survival rates also plummet when cancers are diagnosed in their later stages. As provided by the National Cancer Institute, the survival rates for kidney cancer are as follows:
| STAGE | 5-Year Relative Survival Rate |
|---|---|
| Localized (Stage 1 or 2) | 93.3% |
| Regional (Stage 3) | 75.1% |
| Distant (Stage 4) | 18.2% |
Early detection is a crucial factor when battling against kidney cancer. Immediate medical intervention hinders the disease's progress.
What you must prove in a delayed diagnosis claim
To win a delayed kidney cancer diagnosis case, you must prove these four elements:
1. Duty and standard of care
- A doctor-patient relationship existed
- The provider owed a duty to manage the patient according to the standard for someone with the same age, risk factors, and symptoms (e.g., a persistent renal mass in a smoker with hypertension should be evaluated promptly)
2. Breach of the standard of care
The provider failed to meet that standard, for example by:
- Failing to order imaging (CT, ultrasound) for concerning symptoms like hematuria or flank pain
- Ignoring or inadequately following up an abnormal imaging finding (e.g., no repeat scan, no biopsy, no referral)
- Delaying or cancelling a biopsy or urology referral without a medically sound reason
3. Causation
- The delay caused harm: the cancer was at a more advanced stage (e.g., larger tumor or metastasis) than it would have been with timely diagnosis and treatment
- The fair preponderance of the evidence shows that earlier diagnosis would have allowed more conservative treatment (e.g., partial vs. radical nephrectomy, or earlier systemic therapy with better outcomes)
4. Damages
Measurable losses such as:
- Additional surgery, chemotherapy, radiation, or other aggressive treatment
- Reduced chance of cure or longer survival
- Pain and suffering, lost wages, and higher medical expenses
Example 1 (missed imaging follow-up):
A CT scan shows a 3 cm enhancing renal mass, but the primary care provider and radiologist do not recommend a urology referral or repeat imaging. One year later, the mass is 6 cm with metastasis. An expert opines that a 3 cm lesion should have triggered nephrectomy when it was small and localized, and that the delay caused metastatic disease. This can support a malpractice claim.
Example 2 (dismissed symptoms):
A patient reports months of flank pain and intermittent blood in the urine, which are attributed to a kidney stone despite no stone on imaging. A CT is not ordered; a year later, the patient is diagnosed with stage III kidney cancer. A urology expert concludes that pain and hematuria warranted earlier imaging and workup that would have caught the cancer at stage I. This type of failure is a recognized malpractice pattern.
Get a Free, Confidential Case Review for a Late Kidney Cancer Diagnosis.
Talk to our team today.
Common ways kidney cancer is missed or delayed
Even small kidney cancers can grow and metastasize over time; a delay of several months can shift the disease from early, treatable stages to later, more aggressive stages.
Common delay scenarios that can support a malpractice case include:
Missed imaging follow-up
A CT or ultrasound shows a suspicious renal mass, but there is no clear plan for repeat imaging or biopsy, and the patient is not referred in a timely way.
Abnormal labs ignored
Unexplained anemia, abnormal kidney function, or other lab findings are not investigated further, even when combined with symptoms or risk factors for kidney cancer.
Symptoms dismissed
New or worsening flank/abdominal pain, hematuria, or a feeling of a mass are attributed to benign causes (e.g., back strain, UTI, stones) without appropriate imaging or specialist referral.
Referral and coordination failures
- A radiologist flags a lesion, but the primary care provider does not schedule or follow up on a nephrology or urology referral
- A specialist recommends a biopsy or surgery, but the ordering provider does not schedule it or fails to communicate urgency to the patient
In a malpractice claim, the key is documenting the timeline: when symptoms first appeared, when tests were ordered, when abnormalities were reported, and when the cancer was finally diagnosed and treated.
What Can Kidney Cancer Be Misdiagnosed As?
Earlier symptoms of kidney cancer can be vague. Unsuspecting medical providers might be led to believe that their patients are instead affected by less severe medical conditions. Some of these less severe conditions include (but are not limited to):
- Urinary Tract Infections (UTI)
- Benign Prostatic Hyperplasia (prostate enlargement)
- Bladder Stones
- Prostatitis
- Hematuria
- Nephrotic Syndrome
- Glomerulonephritis
Given how symptoms overlap, healthcare providers must prescribe timely screening tests (blood tests, imaging tests, urinalysis, biopsies, etc.) to their patients. This is especially important for higher-risk patients.
What Happens after Being Diagnosed with Kidney Cancer?
Getting treated should be the first priority of any patient diagnosed with cancer. For kidney cancers detected in later stages, simultaneous complementary treatments may be necessary. If you find medical bills too expensive, various government initiatives and NGO support are available to alleviate some financial stress.
Treatments for kidney cancer include:
- Surgery
- Ablation
- Radiation Therapy
- Targeted Drug Therapy
- Immunotherapy
- Chemotherapy
According to the National Cancer Institute, patients across the US spent $9.7 billion on kidney cancer treatments in 2020. Individually speaking, spending can be segmented into 3 phases: initial care, continuing care, and end-of-life care. The average individual spending for kidney cancer as of 2020 are as follows:
| Medical Services | Prescription Drugs | |
|---|---|---|
| Initial Care (1st year after diagnosis) | $41,122 | $2,290 |
| Continuing Care (time in between) | $8,537 per year | $1,874 per year |
| End-of-Life Care (last year before passing away) | $95,985 | $11,764 |
All medical expenses (past and future) are accounted for when seeking legal compensation. Apart from them, other economic and non-economic losses are also factored in. Lost wages, emotional suffering, and reduced quality of life are only some of the more common inclusions.
What to do next and what records to collect
If you suspect a kidney cancer diagnosis was delayed due to substandard care, take these steps to preserve your rights:
1. Get all medical records
Request complete records from every provider involved during the period from symptom onset through the delayed diagnosis.
2. Critical records to gather
- Office and ER notes – History, physical exam, and assessment of flank pain, hematuria, and other concerning symptoms
- Imaging orders and reports – CT, MRI, ultrasound, and any nuclear scans, plus any comparison notes over time
- Lab results – CBC, creatinine, urinalysis, and any tumor markers or other relevant tests
- Referral and consult notes – From primary care, urology, nephrology, and oncology, including any lack of follow-up or cancellation
- Surgical and pathology reports – Initial biopsy, nephrectomy, or any other cancer-related procedures, plus pathology confirming type and stage
- Cancer treatment records – Oncology notes, treatment plans, chemotherapy, radiation, and follow-up
3. Consult a cancer malpractice attorney early
These deadlines are strict; consult counsel as soon as you suspect a delayed diagnosis so records can be reviewed and expert opinions obtained before time runs out.
Legal Implications and Compensation
Several key elements must be established before a medical malpractice claim is rendered valid. Your legal counsel, along with professional medical consultants, would help you establish these. During your initial investigation, your team would try to establish the following:
- Duty of Care – Was there an appropriate doctor-patient relationship?
- Breach of Duty – Did your doctor perform poorly or negligently based on accepted standards of care?
- Causation – Did your doctor's actions or inactions directly cause you harm?
- Damages – What did these mistakes cost you in turn?
You'd also need your legal counsel to procure all documents relevant to your case. Only pieces of evidence procured this way are usable in court. After the initial investigation, your legal team is also responsible for accounting damages and negotiating settlements. Working with seasoned medical malpractice lawyers is crucial for your claim's success.
In 2023, the National Practitioner Data Bank recorded a total of 10,172 medical malpractice payments across the US. Latest figures suggest that these medical malpractice cases were compensated with $408,340 on average. Do note, however, that this includes even minor incidents of medical malpractice. Please refer to our recent wins for more insight.
FAQ
Can you sue for a delayed cancer diagnosis?
Yes, you can sue for a delayed kidney cancer diagnosis if:
- A doctor or hospital provider failed to meet the accepted standard of care (e.g., by not ordering tests, ignoring symptoms, or delaying follow-up)
- That failure caused the cancer to progress to a more advanced stage than it would have been with timely diagnosis
- Earlier diagnosis would have allowed earlier, more favorable treatment (e.g., surgery instead of chemotherapy, or better long-term survival)
- The claim is filed within your state's statute of limitations
Simply having advanced cancer does not by itself create a claim; the focus is on whether the delay changed the treatment options and prognosis.
What is considered a delayed diagnosis?
A delayed diagnosis means the cancer was not found as early as it should have been based on the patient's symptoms, risk factors, and test results, and that this delay allowed the disease to progress.
In a kidney cancer case, "delayed" typically means:
- Symptoms or risk factors that clearly should have prompted imaging (e.g., hematuria, persistent flank pain) were not acted on for months
- A suspicious finding on imaging (e.g., a renal mass) was not followed up or referred promptly
- A biopsy or referral that would have confirmed early cancer was postponed or canceled without a reasonable medical basis
An expert must then opine that earlier detection would have led to more effective treatment and a better outcome.
How fast can kidney cancer metastasize?
Kidney cancer (renal cell carcinoma) often grows slowly, but its rate varies widely by subtype and individual factors.
Growth rate
Small renal masses typically grow about 0.09 to 0.86 cm per year without treatment, but some can grow more rapidly.
Metastasis
- Many small tumors do not metastasize until they reach 3 to 4 cm, but some can metastasize even when smaller
- Studies suggest that about 2% of patients with localized kidney cancer experience progression to metastatic disease within an average of 3 years without treatment, and this risk is higher with rapid primary tumor growth
Impact on prognosis
- Localized kidney cancer (stage I to II) has a 5-year survival around 70% and is often curable with surgery
- Metastatic disease (stage IV) is generally not considered curable, though modern immunotherapy and targeted drugs can extend survival; average survival varies by risk group from about 8 to 12 months for poor risk to over 40 months for favorable risk
Because of this progression pattern, even a delay of 1 to 3 years can change the disease from operable and potentially curable to widely metastatic and palliative, which is why timely diagnosis is so important in malpractice analysis.
How much compensation for a delayed diagnosis?
There is no fixed amount; compensation depends on the stage at diagnosis, treatment required, and specific damages in the jurisdiction.
Typical components
- Past and future medical expenses (surgery, chemotherapy, imaging, scans, hospital stays, rehab)
- Lost wages and lost earning capacity (including early retirement or disability)
- Pain and suffering, anxiety, PTSD, and loss of enjoyment of life
Real-world ranges
- For a serious delayed cancer diagnosis, settlements and verdicts often range from several hundred thousand dollars to over $1 million, depending on the cancer type, stage, and proven harm
- A case where a missed kidney cancer leads to advanced or metastatic disease, major surgery, chemotherapy, and shortened survival can easily support a claim in the hundreds of thousands to low millions, especially if the patient is younger and loses future earnings
An exact estimate requires a detailed review of records, expert causation opinions, and jurisdiction-specific economic and non-economic damage rules.
Think Your Kidney Cancer Should Have Been Diagnosed Sooner?
Get in touch with our experienced cancer attorneys and learn about your legal options. Free, no-obligation.
Speak with a Cancer Lawyer Today
At the Porter Law Group, we take pride in helping families rebuild from unfavorable circumstances. We do our best so that you can better recuperate from cancer. If you have any questions regarding kidney cancer misdiagnosis, please reach out for a no-obligation, free consultation.
You may also contact us at 833-PORTER9 or email info@porterlawteam.com to schedule an appointment. If you are looking to pursue further legal action, we operate on a contingency basis, meaning you don't have to pay anything unless we win.
