Acute kidney injury compensation claims

An acute kidney injury claim arises when a healthcare professional fails in their duty of care. This could be not adequately monitoring a patient’s fluid levels, recognising the symptoms of AKI, or treating the condition promptly, and as a result, you suffer a significant injury.

If you have experienced kidney damage due to substandard care or negligence, you may be able to claim compensation.

Signs and symptoms can vary depending on the individual and the cause, but they may include:

• Passing urine less than usual
• Fatigue or increased tiredness
• Shortness of breath
• Feeling nauseous or being sick
• Confusion and/or drowsiness
• Dehydration
• Diarrhoea

You may not notice the symptoms of an AKI straight away. Regardless of whether an acute kidney injury progresses to complete kidney failure, acute kidney injuries need to be taken seriously. In severe cases, it can affect the whole body, potentially leading to seizures or loss of consciousness. If you experience any symptoms of an AKI, you should seek medical help immediately.

An AKI can develop very quickly in people already living with conditions such as heart failure or diabetes, or those admitted to hospital with infections. It can also follow major surgery, as the kidneys can be deprived of blood flow during a procedure.

The elderly are particularly at risk, especially those with existing conditions. Acute kidney injuries can also affect young people and teenagers when conditions such as urinary tract infections (UTIs), reflux nephropathy, or nephritis are not recognised and treated promptly.

Some common medicines, such as Mesalazine, which is used to manage ulcerative colitis, can also lead to kidney damage if not properly monitored.

In many cases, kidney function will return to normal with prompt treatment, though regular blood tests will be needed to confirm this. However, when AKI goes unrecognised or is poorly managed, it can develop into chronic kidney disease. This may mean ongoing dialysis, significant lifestyle changes, and in some cases, the need for a kidney transplant.

In end-stage kidney failure, the kidneys cannot recover, and dialysis or a transplant will be required for the rest of the person’s life. This has a profound impact on daily life, independence, and the ability to work.

Dialysis removes waste products and excess fluid from the blood when the kidneys stop working properly. There are two main types:

• Haemodialysis filters the blood by passing it through an external machine. It’s usually carried out three times a week, with each session lasting around four hours.
• Peritoneal dialysis uses the lining of the abdomen as a natural filter. A thin tube (catheter) is placed just above the navel, and blood and excess fluids are drained into a bag. This typically takes 30-40 minutes and is repeated around four times a day.

Dialysis is sometimes used as an interim measure while a patient awaits a kidney transplant, or as a temporary treatment during recovery. If a transplant is not suitable, dialysis may be required for life.

To succeed in an acute kidney injury claim caused by medical negligence, you will need to show that, on the balance of probabilities (that is, more likely than not), the care you received fell below the standard expected of a reasonable and competent body of medical practitioners.

With the support of an independent medical expert, you need to prove that this substandard care caused your injury.

The amount of compensation you receive will depend on the extent of your injury, the impact on your life and ability to work, your loss of income, costs incurred, and the level of care you need. Our team will investigate your situation, gather evidence, and give you an honest assessment of your options.

You usually have three years from the date of your injury, or from the date you first became aware that negligence may have caused it, to bring a claim. However, there are exceptions to this rule:

• If the person affected was under 18 at the time, a claim can be started at any point up to their 18th birthday, after which the three-year limit begins.
• If the person lacks the mental capacity to bring a claim themselves, the time limit does not begin to run until they regain that capacity. If the loss of capacity is permanent, no time limit applies.

If you are unsure whether you’re still within the time limit, speak to us as soon as possible. Our team will guide you with clarity and care.

You may be able to make a claim on behalf of someone else if:

• You are the parent or guardian of a child under the age of 18
• A loved one is unable to bring a claim themselves because of the injuries they have sustained
• A family member has died as a result of their injuries

The amount of compensation you could receive depends on several individual factors, and we are not able to give a fixed figure without understanding your circumstances.

Your acute kidney injury claim may include an award for pain and suffering, loss of past and future earnings, other financial losses you have incurred, and the costs of current or future care.

Compensation aims to reflect the losses and damage you have experienced, and to help put you close to the financial position you would have been in if the negligence had not occurred.

AKI is a serious condition that, if detected and treated early enough, is often preventable. No one should have to live with the consequences of care that fell below the standard they were entitled to expect.

Making a claim can help you access the financial support you need for ongoing treatment and care. It can also provide answers, helping you understand what happened and why. By holding those responsible to account, it can help prevent the same thing from happening to someone else.