This guide will explore when you could be eligible to make a brain tumour misdiagnosis claim. We will also explore the process of doing so and the compensation that could be awarded following a successful claim.
Medical professionals owe their patients a duty of care. If they fail to uphold this duty, it could result in a patient becoming harmed unnecessarily.
We will explore the duty of care you are owed as a patient in more detail throughout this guide. Additionally, we will explore how you could experience harm as a result of a medical professional breaching the duty of care they owe.
Furthermore, we will highlight the benefits of No Win no Fee agreements and how you can connect with a solicitor.
If you’re interested in speaking to an advisor, our team are available 24/7 to assist you. They can provide free legal advice and answer any questions you might have. To get in touch, you can:
Choose A Section
- Can Brain Cancer Be Misdiagnosed?
- Causes Of A Brain Tumour Misdiagnosis
- How Do I Make A Claim For A Brain Cancer Misdiagnosis?
- Compensation For A Brain Cancer Misdiagnosis
- Do No Win No Fee Solicitors Handle Brain Tumour Misdiagnosis Claims?
- Further Information About Brain Tumour Misdiagnosis Claims
A brain tumour a growth of cells located in the brain that multiply in a way that is abnormal and uncontrollable. There are two types; cancerous and non-cancerous tumours. The severity of brain tumours can vary depending on different factors, including the stage and grade.
Additionally, the symptoms you experience can vary depending on the part of the brain affected. You may also not experience any symptoms to begin with or your symptoms might develop very slowly over time. However, you should get any symptoms checked.
Medical professionals owe their patients a duty of care. As part of this duty, they must ensure they provide care that meets the correct standard. In some cases, a medical professional might fail to do so.
However, not all instances of a brain tumour misdiagnosis will form the basis of a valid claim. You must be able to prove that a medical professional provided care that fell below the minimum standard and as a result, you experienced avoidable harm. This is known as medical negligence.
If you can prove that medical negligence caused you harm, you may be able to seek compensation. To learn more about how to make a medical misdiagnosis claim, get in touch with our team.
Alternatively, you can continue reading to find out how to claim for medical negligence.
What Can We Learn From Medical Negligence Statistics?
According to Cancer Research UK, there were:
- 12,288 new cases of brain tumour each year on average between 2016-2018 in the UK.
- 5,456 deaths from brain tumours between 2017-2019 in the UK.
Additionally, the statistics show that 3% of brain and other CNS tumour cases are preventable.
There are several ways a brain tumour misdiagnosis could occur. For example:
- GP Negligence: You receive the wrong test results which means you are given the incorrect diagnosis. This delays your treatment and heightens the risk of your tumour growing.
- Failure to treat cancer: Your doctor fails to refer you for further tests despite you exhibiting clear symptoms of a brain tumour. As a result, you are misdiagnosed with another condition and your original condition is not treated.
As mentioned, not all instances of a misdiagnosis will form the basis of a valid claim. A medical professional may have provided the correct standard of care but you still experienced harm. This is not something you could claim for.
Our advisors can give you more information about the eligibility to claim. You can get in touch using the number at the top of the page.
When making a brain tumour misdiagnosis claim, you can take several steps to strengthen your case. For example, you could gather evidence such as:
- Doctor reports
- Hospital reports
- A copy of test results
- A copy of your diagnosis
Alongside gathering evidence, you must also ensure you start your claim within the relevant time limits set out in the Limitation Act 1980. As per this piece of legislation, generally, you must start the claims process within three years of the incident or when you learned that the harm you sustained was a result of negligence.
There are some exceptions to this time limit. For example, the injured person may be under the age of 18 or the person might lack the mental capacity to claim. In these instances, the time limit is suspended and a suitable person can apply to act as a litigation friend and seek medical negligence compensation on their behalf.
You may also benefit from seeking legal advice. Our advisors can offer you free legal advice and may be able to connect you to a solicitor from our panel, provided your claim has a chance of success.
To learn more about the process of making a medical misdiagnosis claim, get in touch on the number above.
You may be wondering ‘what is the average claim settlement for a cancer misdiagnosis?‘. If you make a successful claim, you could receive a settlement that consists of general and special damages. General damages compensate you for the pain and suffering you endured as a result of the harm you sustained due to medical negligence.
The Judicial College Guidelines (JCG) are often used by legal professionals to calculate general damages in medical negligence claims. We’ve provided a table below that highlights some of the guideline compensation figures in the JCG.
Please note that these figures will not accurately represent what your claim will be worth. This is due to the unique nature of each claim.
|Very Severe Brain Damage (a)||£282,010 - £403,990||The person needs full time nursing care.|
|Moderately Severe Brain Damage (b)||£219,070 - £282,010||The person has a very serious disability which can either be physical or cognitive.|
|Moderate Brain Damage (c) (i)||£150,110 - £219,070||The person has an intellectual deficit of a moderate to severe nature with other issues such as a change in personality and an impact on speech and sight.|
|Moderate Brain Damage (c) (ii)||£90,720 - £150,110||The person has an intellectual deficit of a moderate to modest nature and there ability to work is greatly reduced or removed completely.|
|Moderate Brain Damage (c) (iii)||£43,060 - £90,720||The person's memory and concentration are affected and they experience other issues such as a small risk of epilepsy and a reduced ability to work.|
|Less Severe Brain Damage (d)||£15,320 - £43,060||The person will have made a good recovery meaning they can participate in a normal social life as well as return to work. However, some problems may persist such as poor concentration.|
|Minor Brain Injury (e)||£2,210 - £12,770||If there is any brain damage, it will be minimal.|
|Epilepsy (a)||£102,000 - £150,110||Established Grand Mal.|
|Epilepsy (b)||£54,830 - £131,370||Established Petit Mal.|
|Epilepsy (c)||£10,640 - £26,290||Other epileptic conditions.|
Special damages reimburse you for financial losses incurred following the harm you sustained due to medical negligence. This can include care costs and travel costs.
You must provide examples of financial losses in order to seek compensation, such as payslips and receipts.
To learn more about the medical negligence compensation you could receive, please get in touch using the number above.
The terms of this type of arrangement can typically mean you don’t have to pay for their services upfront, during the process of the claim or if your claim is not successful.
A success fee is taken from your compensation if your claim is a success. However, this is subject to a legal cap.
Our advisors can connect you with a No Win No Fee solicitor from our panel if your brain tumour misdiagnosis claim shows a chance of success. To learn more, see our contact information below.
Ask Us How To Make A Brain Cancer Misdiagnosis Claim
We hope this guide on making a brain tumour misdiagnosis claim has helped. However, if you have any other questions, please get in touch with our helpful team of advisors. To get in touch:
You can find more of our guides by using the links below.
- What could I claim after receiving the wrong treatment?
- I received a liver cancer misdiagnosis – Can I claim compensation?
- Can I sue a hospital for negligence?
We’ve also included some resources that you may find beneficial.
- CQC – Report A Concern
- General Medical Council – Good Medical Practice
- GOV – NHS Constitution For England
Please don’t hesitate to contact our team if you need any further support regarding the process of making a brain tumour misdiagnosis claim.