Kidney Cancer misdiagnosed as food intolerance

GPs and other medical professionals are being urged not to hesitate with referring patients for further assessment, after a Southport primary school teacher, whose stomach illness was initially diagnosed as a food intolerance, died of kidney cancer.

“Cut out bread”

Merseyside teacher, Miss Claire Tomlinson, tragically lost her seven month battle against kidney cancer. However the circumstances could have been very different had she been sent for further tests when she visited her GP. Instead she was led her to believe that the pain in her stomach was simply a food allergy, with her GP advising her to “cut out bread” as well as cutting out other food types from her diet, last September.

Five months after the initial assessment and after months of further excruciating pain. Miss Tomlinson was finally diagnosed with kidney Cancer. Tragically, by this point, the cancer had already spread to both her lungs and her brain, further limiting her chances of survival. After an attempted course of chemotherapy (which was unsuccessful) she sadly succumbed to the disease and passed away.

“Best to test”

Unfortunately this is not an isolated incident, as other cancer victims have had similar experiences, leading to massive complications in treatment. The case has prompted calls for medical professionals to not be worried about referring patients on for further testing, should there be any doubt at all about the cause of their problems.

Cancer shares symptoms with many other, less deadly illnesses like Irritable Bowel Syndrome (IBS) and food intolerances like Miss Tomlinson was identified as having. In her case it took further pain escalation and a private body scan (not one prescribed by her GP) to reveal the extent of the damage.

Her parents believe that the care given could have been a little more urgent based on what she was telling her GP. In a statement her parents admitted ‘We’re not trying to say she could have been cured, we just think that the treatment should have been more urgent.”

“’Once you’ve alerted a doctor that something is wrong it’s in their hands and you have to push and push to make sure that people act.”

‘You can’t be frightened if there is something wrong, you have to do something about it because it’s not just going to go away.’

 

Serious Injury Claims with Sincere Law

The legal side

When it comes to suffering from cancer, it is not generally a priority to take legal council. Often it depends on the circumstances surrounding the development of the disease. In Miss Tomlinson’s case she told her parents not to pursue legal action, including after she died, as she felt it was too late.

Sometimes, however, legal aid is something a sufferer may wish to seek. In the role of a serious injury or illness, a solicitor can help with a network of contacts that can arrange and provide essential aftercare, such as fast tracked healthcare, counselling and the planning of future expenses for both the sufferer and their family.

Medical negligence cases take time, care and individual attention to see through. We always aim to achieve a personal service where the sufferer and their family feel they are relieved of a lot of pressure injury and illness can bring.

To have a chat with one of our team about any kind of injury or illness, you can call 01695 722 222 anytime between 9am and 7pm on weekdays. Our team are on hand to offer conscientious, free, impartial advice on what role Sincere Law can play in a serious injury or illness.

We also have an online form which allows you to give details of the problem. From there we can call you and further discuss the details.

Serious Injury In Sport – Not Always From foul Play

You’ll have seen in the news recently, plenty of stories regarding professional athletes suffering particularly bad injuries, affecting their careers. Stories making the most headlines include Luke Shaw’s leg break playing in the Champions League for Manchester United, Leinster’s Kevin McLaughlin being forced to retire from rugby union as a result of a concussion and potential changes to the rules for the Rugby World Cup to lower the risk of concussions. While all these instances happened at the top level of sports, they are quite relevant to non professionals who suffer injuries during a sporting event in their own lives.

Luke Shaw suffered a serious injury in a recent game, potentially affecting the rest of his career

Governing bodies in sports

Injuries in sports can come as a result of more than just foul play or an accident like tackling. Everything about a competitive sports environment must be regulated to ensure that all who are taking part are as safe as they can be. This goes for any level.

Each sport and country has governing bodies, all insured and all with rules to keep serious injuries to a minimum. Even sports involving heavy contact, such as fighting sports like boxing, kickboxing and MMA, all have governing bodies to regulate participation.

Rules set out by these organisations will always state how a game must be played, the environment to be played in and the facilities required to meet the standards necessary for players, officials and any spectators. This is fundamental for any sport to reduce accidents on or off the playing surface. Failing to meet these standards can result in liability if an accident does occur. This applies down to the lowest tiers of sporting activity, including playing for teams on a local park.

Sporting Injuries to the non pro

Using the example of a Sunday league football team, the playing surface is most likely to be either a public recreational area, such as a local park, which is kept by a council, or a rented private playing field owned by a landlord. The state of the pitch is in the hands of the owners. Should it be improperly cared for or poorly maintained, it could result in injury, for which the pitch owner is liable.

Cases of serious injury in these settings have previously included players falling on glass that had been discarded and even in one case (one of our own) a player committing to a tackle and hitting a stump of a former goalpost, which seriously damaged his leg.

In all levels of any sport, contact or none, there will always be guidelines to follow, whether you are part of a team, alone, officiating or a spectator. If these guidelines are breached and have caused you a serious injury, you would be within your right to seek justice for what could have been prevented.

Am I protected?

What many sporting bodies can provide, as a minimum, is insurance when you register with them. There are usually insurance guarantees by becoming a member of an organisation. If you were to be injured performing in that sport, you would able to receive some form of compensation. However, there are usually caveats to every policy and you may find your injury falls outside the realms of what the organisation will provide should you get injured. They also often do not provide the same insurance benefits for officials and spectators.

With injuries in sport, as with any other serious injury, if you are unfortunate and sustain a preventable injury during participation, down to another player, unsafe practices, the condition of the surface, facilities or other as a result of a negligent action, you are protected.

A claim for negligence can be brought against any person responsible for a preventable injury within a sporting activity. Sincere Law have experienced many cases involving faulty equipment, poor surfaces and dangerous actions during a game, which has resulted in somebody suffering a serious injury.

sincere law, sports injury specialists

Sporting injuries aren’t always as the result of foul play, whatever injury occurs, if somebody is negligent then you can take action!

Aftermath of sporting injuries

Dependent on the severity, a sporting injury can have life changing effects. At the top levels of sport athletes have better access to physiotherapy and guaranteed contracts, which assist their recovery when injured. At the grass roots levels of sport this is not as easily accessible.

When a person is injured participating in sport at grass roots level, they can suffer the same common injuries as those at the top levels including:

  • Broken limbs
  • Torn muscles
  • Strained muscles
  • Concussions
  • Dislocations
  • Eye injuries

Unfortunately, for most of us, we don’t have the time or resources to commit our lives to rehabbing an injury as sports professionals have. We have jobs, families and lives to lead, so the resulting injuries may take longer to heal or even completely affect our future, as our bodies are not adapted to recover as a top sportsman would be.

Using an example of a broken leg in football, it is a common saying on the terraces that a player is usually “never the same player” after recovering from a broken leg. While a player may return and play regularly after their recovery, it is often found that players will struggle to compete at exactly the same level and begin to drop down divisions much quicker than a normal aging professional would do. Even with the advantages of dedicated physiotherapy, time to train or gaining match time in reserve games, a player will likely still not perform the same and could even be mentally affected when they rejoin the sport full time.

Compare the above example with a member of the public, not trained specifically for that sport to play professionally, with a job, a household to maintain and a regular income. The same situation can easily transform into a more long term, costly situation. Not having access to as an extensive a physiotherapy regime, an average person’s injury may not fully recover and could even hamper their movements in future life, possibly halting involvement in their favourite sports.

A serious sporting injury can also require time off work if the injury renders them housebound, in some cases needing care or assistance around the house. These are costs which the average person may not be able to foot. If their injuries are as a result of negligence while playing sports, they are able to get help in the form of compensation.

 

serious injury claims - sport

Athletes have the ability to utilise top physiotherapy for an extended time unlike the general public

My next steps

If you have experienced an injury during a sporting event as a result of a negligent action (and remember, it isn’t always about tackling or even being a participant), then you have the ability to claim for your losses, including time away from work, lifestyle adaptations, medical bills and other associated costs.

Sincere Law are specialists in serious injury claims and we know sporting injuries can often be life changing. We have a team of dedicated solicitors waiting to talk to you, offering free, impartial advice and we are able to walk you through the claims process.

Your first step following a sports injury is to get in touch and see what we can do for you. You can talk to us either by calling 0800 092 2896, texting us on 89298 or by filling in our contact form here. We pride ourselves on being open and honest about what we can do for you with no pressure. We also offer a ‘no win no fee’ service removing your risk from starting a claim.

 

“No win no fee” – What this means to you?

It’s a phrase thrown around with tremendous aplomb inside the Law industry. Something you would probably notice more if it wasn’t featured on a law firm’s website front page and seemingly par for the course for every personal injury Solicitors in the modern age. What does it mean though? Do Solicitors work for free? Surely there’s a catch? Continue reading