To make a medical negligence claim if your brain cancer was misdiagnosed, you will need to prove that a medical practitioner breached their duty of care. A breach of duty that involves you suffering harm that would not have otherwise occurred is known as medical negligence.
This guide will explore a medical professional’s duty of care in more detail. Additionally, we will discuss the time limits you must adhere to when making your claim. Furthermore, we will share examples of the evidence you could gather to support your chances of a successful claim.
Contact our advisors to discuss your potential medical negligence claim and receive free legal advice. Our team is available to answer your questions 24 hours a day, 7 days a week.
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- Could I Claim If My Brain Cancer Was Misdiagnosed?
- How Does A Medical Misdiagnosis Happen?
- How To Prove Medical Negligence Harmed You
- Medical Negligence Compensation Payouts If Your Brain Cancer Was Misdiagnosed
- Make A No Win No Fee Medical Negligence Claim
- Learn More About Claims For Negligent Cancer Diagnosis
A malignant brain tumour (brain cancer) is a cancerous growth in the brain. According to the NHS, some symptoms that could indicate a malignant brain tumour in an adult include:
- Vision or speech problems that get worse.
- Frequently feeling sick.
- Memory issues or personality changes.
It is important to receive the correct diagnosis as soon as possible as malignant brain tumours can grow quickly and be hard to treat. If your brain cancer was misdiagnosed, you might be entitled to compensation. However, you must prove that medical negligence occurred. For a situation to be classed as medical negligence, it must meet the following criteria:
- A healthcare professional owed you a duty of care.
- They then breached their duty of care.
- Due to this, you suffered unnecessary harm.
All medical practitioners owe you a duty of care when treating you as their patient. This includes doctors and GPs who work in the public and private healthcare sectors. Per this duty, they must ensure you receive the correct standard of care. If this duty were to be breached, your brain cancer could be misdiagnosed, and you could endure unnecessary harm.
How Much Time Do I Have To Claim Compensation?
As stated above, you could make a claim if your brain cancer was misdiagnosed. However, you must prove that medical negligence occurred. Additionally, you must ensure that you start your claim with the correct time limitations.
You will have 3 years to make your claim from the date medical negligence occurred. You will also have 3 years to start your claim from the date you first realised the harm you endured was caused by negligence. This is known as the date of knowledge.
Contact our advisors today to see whether you are still within the time limit to begin your claim. They could also inform you of the exceptions to the aforementioned time limits.
There are various reasons why you could receive a misdiagnosis for your brain cancer. However, to be eligible for compensation, you must prove that because a medical practitioner breached their duty of care, you suffered harm that was unnecessary.
Examples of how you could receive a medical misdiagnosis include:
- A doctor incorrectly interprets or records your test results.
- GP negligence could lead to a misdiagnosis. For example, they diagnosed you with migraines, despite displaying clear symptoms of a brain tumour nn
- Negligent delay or failure to refer you to a brain cancer specialist because the GP failed to listen to the symptoms you were suffering and misdiagnosed you with stress.
However, it is important to remember that not all cases of misdiagnosis can lead to a claim. If a healthcare professional can prove they took all the necessary procedures when treating you, and your brain cancer was misdiagnosed, you may not be entitled to compensation.
Do not hesitate to contact our advisors today if you are still unsure what counts as medical negligence in a compensation claim. Additionally, they could offer you free legal advice regarding your claim.
There are various types of evidence that you could collect that may help support your chances of a successful claim, such as:
- A copy of your medical records stating you have a brain tumour and the treatment you are receiving.
- Correspondence with your healthcare provider following a medical assessment.
- A CT or MRI scan of your brain.
- A letter confirming the results of your biopsy.
Furthermore, the Bolam test’s finding could also be used as evidence in your claim. This is when appropriately trained medical professionals are asked to assess whether the standard of care you received was of an acceptable level.
Additionally, you can contact our advisors today to discuss your claim or if you have any further questions about the importance of providing proof of medical negligence in your cancer misdiagnosis claim.
Following a successful claim, the harm you have endured due to a medical professional’s negligence will be compensated with general damages.
The Judicial College Guidelines is a document that various legal professionals use to help them value claims. This is because it lists compensation guidelines for different types of injuries, both physical and mental. For the table below, we have used the compensation figures set out in the most recent edition of the JCG (published in April 2022).
However, it is important to note that the specific factors affecting your claim could influence how much you receive. Therefore, your compensation settlement may differ from the amounts in the table below.
|(a) Very Severe
|The person may be able to follow basic commands. However, they will require full-time care and show barely any meaningful response to their environment.
|£282,010 to £403,990
|(b) Moderately Severe
|The person could suffer with an impaired intellectual deficit and personality or limp paralysis. They will need constant care due to being very severely disabled.
|£219,070 to £282,010
|(c) Moderate (i)
|A moderate/severe intellectual deficit with an effect on sight and speech and a serious risk of epilepsy.
|£150,110 to £219,070
|(c) Moderate (ii)
|The person’s ability to work is greatly reduced, and they suffer with a moderate/modest intellectual deficit and a risk of epilepsy.
|£90,720 to £150,110
|(a) Established Grand Mal
|The person is diagnosed with established Grand Mal epilepsy.
|£102,000 to £150,110
|(b) Established Petit Mal
|Factors such as the effect on social life and any associated behavioural problems will affect how much is awarded.
|£54,830 to £131,370
Learn More About Special Damages
Additionally, your compensation settlement could also consist of special damages. This aims to compensate you for the financial losses you’ve accrued due to medical negligence. Some examples include:
- A loss of earnings, past, present and future, due to taking time off work.
- Medical expenses, such as prescription costs.
- Travel expenses, such as taxis to medical appointments.
However, to claim back these financial losses under special damages, you will need to provide evidence of them. For example, bank statements, payslips and receipts could all be used as evidence.
Contact our advisors today to see whether you may be eligible for compensation if your brain cancer was misdiagnosed. They could also help inform you on how to claim compensation for medical negligence.
A solicitor from our panel may be able to help you with your medical negligence claim. They have an immense amount of knowledge and experience dealing with various cases. Furthermore, they could offer you a Conditional Fee Agreement. This is a kind of No Win No Fee agreement.
There are various benefits to claiming with a No Win No Fee solicitor, such as not having to pay any upfront fees for your solicitor’s services. Additionally, you are not obligated to pay them for their services if the claim is unsuccessful. But, if they succeed with your claim, you will pay them a success fee. A success fee is a percentage of your compensation. However, the amount they can take is legally capped.
Contact our advisors today for more information on how a No Win No Fee solicitor from our panel could help you claim compensation if your brain cancer was misdiagnosed due to medical negligence.
Contact Us For Help And Advice
You could contact our advisors if you are still unsure whether you could make a medical negligence claim if your brain cancer was misdiagnosed. Our team of advisors can offer you free legal advice 24/7. Additionally, they could answer some frequently asked questions regarding medical negligence claims. Furthermore, they could also inform you whether you could be entitled to compensation.
Connect with one of our advisors today:
For further guides regarding medical negligence claims by us :
- Illness or injuries caused by negligent blood testing compensation claims.
- Wrong medication negligence claims.
- Brain injury medical negligence compensation claims.
Or, if you are looking for additional information :
- Cancer Research UK – Brain tumours.
- General Medical Council (GMC) – The professional duty of candour.
- Care Quality Commission (CQC) – Find a hospital.
Additionally, you can contact our advisors today to see whether you could claim if your brain cancer was misdiagnosed.