If you suffer a brain cancer misdiagnosis due to medical negligence, the results could be life-changing. When cancer is misdiagnosed, this can lead to delayed treatment, worsening symptoms, and could even allow cancer to spread. As such, if you suffer a misdiagnosis due to negligence, you may wonder if you can make a claim for compensation.
In this article, we will guide you through what medical negligence is, how a brain cancer misdiagnosis can happen, and the potential benefits of hiring a No Win No Fee solicitor to help you with your claim.
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- What Is A Brain Tumour Misdiagnosis?
- Brain Cancer Symptoms And Causes
- How Brain Cancer Could Be Misdiagnosed
- Brain Cancer Misdiagnosis Compensation Calculator
- Get Help With Your Brain Cancer Misdiagnosis Claim
A brain cancer misdiagnosis can be life-changing, but not all cases of misdiagnosis form the basis of a successful claim. The criteria you need to be eligible to make a medical negligence claim include:
- A medical professional owed you a duty of care
- They were in breach of this duty
- You suffered harm as a result of this breach
All medical professionals owe a duty of care to their patients. This means that the actions they take towards them and their treatment must meet a minimum standard of care, something that is touched on by the General Medical Council (GMC). If they fail to meet this standard, and you suffer harm as a result, you may be eligible to make a claim for compensation.
According to the Limitation Act 1980, you generally have three years to start your medical compensation claim, beginning on the date you gained knowledge that negligence at least contributed to your suffering. However, there are some exceptions, including:
- Children under the age of 18: For children under 18, the time limit is frozen until their 18th birthday. An adult can claim on their behalf during this time as their litigation friend.
- Cases of incapacity: If you lack the capacity to claim for yourself then the time limit is frozen until you regain the appropriate mental capacity. Someone else can claim on your behalf during this time as your litigation friend.
To find out if you have a valid cancer misdiagnosis claim, contact our team of advisors today.
Brain Cancer Statistics
According to statistics published by Cancer Research UK, approximately 12,300 new brain tumour cases are reported every year in the United Kingdom. Alongside this number, brain, CNS and other intracranial cancers make up around 3% of all new cancer cases in the UK, making it the 9th most common cancer.
Brain cancer refers to when malignant tumours form in the brain. They can affect anyone at any age and can have devastating effects, especially when they are misdiagnosed. Misdiagnosis can allow the tumour to grow or even spread to other parts of the body, in which case the effectiveness of possible treatments can be greatly diminished.
Brain tumours can be graded on a scale of 1 to 4 according to the NHS. Grade 1 and 2 tumours are benign, non-cancerous tumours, and grade 3 and 4 tumours are malignant cancerous tumours.
Symptoms of a brain tumour according to the NHS include:
- Nausea and vomiting
- Mental or behavioural changes
- Paralysis or weakness in one side of the body
- Problems with your speech or vision
To learn more about how to report negligence by a GP or doctor, contact our team today. They can offer free legal advice and help to start your claim.
As we mentioned earlier, not all cases of brain cancer misdiagnosis can form the basis of a claim. For example, if your symptoms do not present as those typical of cancer, or if your test results do not indicate the presence of cancerous cells. In these cases, the medical professionals involved may have met the minimum standard of care even if a medical misdiagnosis still occurred, so there may not be a valid claim.
Some examples of how medical negligence can contribute to brain cancer misdiagnosis include the below.
- Failure to refer: If you show symptoms of a brain tumour but your doctor fails to refer you to a specialist, they could be found negligent. This could be a cancer specialist, a neurologist, or others.
- Misreading test results: If you have symptoms of brain cancer, you may undergo an X-ray, CT scan, or MRI. If your test results clearly show a mass or other indicators of brain cancer and your doctor fails to spot this, they may be found negligent.
- Lost patient notes: Administrative errors such as lost patient notes or mishandled lab samples can also contribute to the misdiagnosis of brain cancer.
To learn more about how misdiagnosed and late-diagnosed cancer can happen, get in touch with our team today.
If your brain cancer was misdiagnosed, you may wonder how much your medical negligence claim could be worth. There are two heads of claim to consider when estimating compensation: general damages, and special damages.
General damages cover the pain and suffering caused by your illness or injury and can be estimated with the help of a document called the Judicial College Guidelines (JCG). The JCG illustrates compensation brackets for a variety of injuries and often helps solicitors and judges value potential claims. However, it’s important to note that the JCG can only provide estimates, and not guarantees. You can find some examples of these brackets in the table below.
Injury Type Compensation Bracket Notes
Moderate PTSD £7,680 to £21,730 Cases of large recovery, with some minor continuing effects.
Severe Psychiatric Damage £51,460 to £108,620 Marked problems coping with education, work, and life, with a poor prognosis.
Established Grand Mal Epilepsy £95,710 to £140,870 Established grand mal epileptic seizures.
Very Severe Brain Damage (a) £264,650 to £379,100 Little to no meaningful response to environment, and little to no language function
Moderately Severe Brain Damage (b) £205,580 to £264,650 Disabilities will be serious, whether physical or cognitive, with a need for constant care.
Moderate Brain Damage (c) (i) £140,870 to £205,580 Cases with personality change, moderate to severe intellectual deficit, epilepsy risk, and no employment prospect.
Less Severe Brain Damage (d) £14,380 to £40,410 Cases where a good recovery can be made, with a return to work.
Minor Brain or Head Injury (e) £2,070 to £11,980 Brain damage will be minimal if any, with consideration given to injury severity and recovery time.
Total Blindness In the region of £252,180 Total blindness in both eyes.
Total Loss Of Taste And Smell (a) In the region of £36,770 Loss of smell and taste.
Special damages cover the financial losses you might incur as a result of your injuries. For example, if your brain cancer misdiagnosis leads to mobility problems, you may require special equipment like a stairlift in your home. In this case, you could potentially claim back the cost of this under special damages.
Special damages can also cover expenses such as:
- Travel costs to and from appointments
- Loss of earnings, or loss of future earnings
- Cosmetic devices, such as wigs
For a free estimate of what your claim could be worth, contact our team of advisors today.
Starting a medical negligence claim can seem daunting, but a No Win No Fee solicitor can provide expert legal counsel without the financial risks traditionally associated with representation.
In a No Win No Fee agreement, you do not need to pay any immediate or ongoing fees to your solicitor. For successful claims, your solicitor will take a small, legally-capped percentage of your award as their success fee. However, if it fails, you will not pay any fees towards them.
Our team of expert advisors can evaluate your claim, and if they find it to be valid, they may pass it on to our panel of experienced No Win No Fee solicitors. The right legal counsel can make the claims process seem much simpler, so get in touch today and see if you can start your claim by:
For more information related to brain cancer misdiagnosis, try our articles on:
- Breast cancer negligence claims
- Failure to diagnose cancer compensation claims
- Delayed diagnosis compensation claims
Or, for more helpful resources:
- Macmillan Cancer Support
- CQC – Make a complaint against a service or care provider
- NICE – The National Institute for Health and Care Excellence
Guide by Cat
Edited by Ruth