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The key to cancer survivability is early detection, so treatment can begin as soon as possible. When a misdiagnosis takes place, the consequences can be extremely serious. So, we’ve put together this guide to brain cancer misdiagnosis claims to examine when compensation could be sought after a failure to detect your cancer.
Medical professionals owe a duty of care to provide all of their patients with medical care that meets the correct standards. Medical negligence occurs when healthcare professionals fail to meet these standards and cause avoidable harm to their patients. Our highly trained advisors can offer further guidance and tell you if you could make a claim in as little as a few minutes. If eligible, you’ll be put through to one of our expert cancer negligence solicitors, who can offer you a highly tailored package of services and support. Whether it’s helping you prove that negligence occurred or explaining all the tricky legal language, our solicitors will handle your cancer misdiagnosis claim to the very highest standard.
Key Takeaways
- Brain cancer refers to tumours that start in the brain and its surrounding structures (primary), as well as cancers that spread from elsewhere (secondary).
- Various tests, including scans, biopsies and lumbar punctures, can all be used to diagnose brain cancers.
- Errors during testing, not referring patients for testing at all or mixing up results can all result in a misdiagnosis of brain cancer.
- If the brain cancer is left undiagnosed, it could lead to tumour growth, reduced treatment options, and even be fatal.
- Our expert solicitors can help those who have suffered harm due to a brain cancer misdiagnosis seek compensation.
Get in touch at any time via the details given here:
- Call us on 0161 509 2856.
- You can also contact us online by completing our callback form.
- Click the live chat button in the bottom corner of your screen.
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Select A Section
- Brain Cancer Misdiagnosis Resulting From Medical Negligence
- How Much Compensation Could I Get After Brain Cancer Misdiagnosis?
- What Could Brain Cancer Be Misdiagnosed With?
- What Are The Symptoms Of Brain Cancer?
- How Is Brain Cancer Diagnosed?
- Brain Cancer Causes And Risks
- The Impacts Of A Brain Cancer Misdiagnosis
- How Advice Can Help After Misdiagnosed Brain Cancer
- More Information
Brain Cancer Misdiagnosis Resulting From Medical Negligence
Errors in testing, failures to spot symptoms and misinterpreting scans can all be examples of brain cancer misdiagnosis resulting from medical negligence. Below, we’ve provided a few detailed examples to offer further guidance:
- Errors in the hospital lab led to your biopsy being mixed up with another patient’s. Your results, therefore, came back negative for brain cancer, meaning you did not receive the correct diagnosis for a number of weeks.
- Despite attending your GP surgery with clear symptoms of a brain tumour, you were not given an urgent cancer referral and were misdiagnosed with migraines. The cancer was therefore able to spread considerably before you received the right diagnosis, meaning you required much more aggressive treatment.
- A misinterpretation of your MRI scan resulted in your brain tumour being undetected.
Other errors and negligent treatment can, of course, lead to a cancer misdiagnosis, so it’s important to find out as much as you can about claiming in your specific circumstances. Speak to a member of our advisory team today using the contact information given at the bottom of this page.
How Much Compensation Could I Get After Brain Cancer Misdiagnosis?
You, or your loved one, could receive from £15,580 up to £493,000 in compensation for brain damage, potentially following a misdiagnosis, depending on the severity. These figures were taken from the Judicial College Guidelines (JCG), a publication containing guideline compensation brackets that is used by legal professionals to help determine compensation amounts.
In medical negligence claims, there are two heads of loss under which compensation may be paid out:
- General damages: covering physical harm and psychological distress. These payouts are determined with reference to the JCG.
- Special Damages: compensation for associated financial harm, but we’ll look at this in greater detail below.
In the table below, we have used some of the JCG figures that may be applicable in brain cancer misdiagnosis claims.
Compensation Table
Please be aware that this information is intended to act as guidance only. Additionally, the top entry has not come from the JCG.
| Type of Harm | Guideline Payout Amount | Notes |
|---|---|---|
| Very Serious Harm with Special Damages | Up to £1,000,000 + | Where very serious harm has been sustained alongside additional costs including lost income, medical bills and care expenses. |
| Brain Damage - Very Severe (a) | £344,150 to £493,000 | Little or no environmental response, double incontinence and the need for full time nursing |
| Brain Damage - Moderately Severe (b) | £267,340 to £344,150 | Very serious disability including both physical and cognitive impairment requiring around the clock care. |
| Brain Damage - Moderate (c)(i) | £183,190 to £267,340 | Moderate to severe intellectual deficit and personality change with zero employment prospects. |
| Brain Damage - Moderate (c)(ii) | £110,720 to £183,190 | Moderate to modest deficit in intellect with greatly reduced ability to work. |
| Brain Damage - Moderate (c)(iii) | £52,550 to £110,720 | Impact on concentration and memory with reduced work ability. |
What Else Can Compensation Cover?
A compensation payout can cover various expenses incurred due to the medical negligence. These costs are covered as part of special damages. The treatments for cancer, such as chemotherapy, radiotherapy and removal surgeries, can all be quite invasive, and take a long time, and the payouts for misdiagnosis negligence reflect this.
It is therefore often the case that special damages payouts will be much higher than related general damages. Some examples of such costs have been included here:
- Loss of earnings from any time taken off work for treatment, surgery or recovery.
- Private medical care, therapy, prescriptions and other healthcare expenses.
- Assistance in and around the home, such as preparing meals, helping with personal care, household chores, and caring for any dependents, if you can no longer do these tasks on your own.
- Transport costs, such as taxi fares to medical appointments
- If brain cancer has affected your mobility, you may need accessibility installations in your home. This could include ramps, handrails or a stairlift.
When claiming special damages, you’ll need supporting evidence. Make sure you keep copies of your payslips, any travel tickets, and details of the care arrangements made as proof of these losses.
These two sections are intended to guide you on how misdiagnosis compensation is determined. To learn more about claiming compensation in your specific case, get in touch with our advisors using the details provided at the end of this page.
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What Could Brain Cancer Be Misdiagnosed With?
Brain cancer could be misdiagnosed with various conditions, such as infections like meningitis or a stroke, due to many overlapping symptoms. This is why getting referred for the proper neurological exams and imaging as soon as possible is key to getting diagnosed as soon as possible.
We’ve given a few more examples of conditions that brain cancer could be misdiagnosed as here:
- Infections such as meningitis or encephalitis.
- Strokes or a brain aneurysm.
- Multiple sclerosis.
- Alzheimer’s disease and other forms of dementia.
- Chronic migraines.
Our advisors can give additional information on brain cancer misdiagnosis claims, so get in touch with our team today for answers to any questions or a free eligibility check.
What Are The Symptoms Of Brain Cancer?
According to the NHS guidance on brain tumours, common symptoms of brain cancer can include seizures, headaches and persistent nausea. Now, these can all be symptoms of various conditions (as explored above), so it’s important to get the right tests to determine whether or not you have cancer.
Other common symptoms can include:
- Changes in behaviour and personality, and impacts on memory.
- Paralysis or progressive weakening in one side of the body.
- Drowsiness and vomiting.
- Sensory issues, such as with speech and vision.
If yours or a loved one’s brain cancer has been misdiagnosed despite displaying clear symptoms, contact our advisors to see whether a claim could be made.
How Is Brain Cancer Diagnosed?
Brain cancer is diagnosed through a range of physical examinations and neurological testing. Your GP will conduct an examination of your body and then refer you for additional testing at a hospital.
Using information from Cancer Research UK, here is a list of tests that may be performed by a GP when getting diagnosed with a brain tumour:
- Examining your eyes for changes.
- Testing reflexes, such as the knee tap test.
- Asking questions to check your memory.
- Performing simple walking tests to check your balance.
If you are referred to a hospital, you will receive different scans to examine your brain such as an MRI, CT or PET scan. The definitive test will be taking a biopsy, a small sample of the brain tumour cells, which are then examined for cancerous growth.
We have already discussed that a failure to refer you for testing, or errors during these tests can all lead to a brain cancer misdiagnosis which in turn can cause significant avoidable harm. You can get a free eligibility check today by contacting our advisors using the details given below.
Brain Cancer Causes And Risks
It is important to note that brain tumours, both benign and malignant, can impact anyone of any age, although certain groups are more at risk. Per the NHS, the causes and risks of brain tumours can include:
- Age – older adults are generally more at risk, with adults aged 85-89 being the most common age bracket. It should also be pointed out that certain types of tumour are more common in children.
- Family history – a family history of brain tumours as well as genetic conditions such as neurofibromatosis, can increase the risk factor.
- Radiation exposure – being exposed to radiation, while covering a very small number of cases, is known to increase the risk of developing various cancers, including brain tumours.
If you notice any changes in your behaviour or bodily functions, then seek proper medical advice immediately. To learn more about seeking misdiagnosis compensation, speak to our advisory team.
The Impacts Of A Brain Cancer Misdiagnosis
The impacts of a brain cancer misdiagnosis can be very serious, including a reduction in life expectancy. If the cancer has spread further, more extensive chemotherapy and radiotherapy may be needed, which will take its toll on your body. Other invasive treatments such as surgical removal, may be necessary.
During your treatment, you may require certain medicines to alleviate symptoms, which can in turn come with their own side effects.
Moving away from potentially aggressive treatment plans, a brain tumour can affect your senses, personality and bodily functions, all of which can put strain on your personal relationships and day-to-day life. Cancer is more survivable the sooner it is detected so any misdiagnosis can jeopardise this. You could be entitled to significant compensation so to learn if brain cancer misdiagnosis claims can be made in your particular circumstances, speak to a member of our advisory team today.
How Advice Can Help After Misdiagnosed Brain Cancer
Advice can help after you are harmed by misdiagnosed brain cancer by telling you within a few minutes if you have a valid claim. If you meet the requirements, you’ll be put through to a cancer misdiagnosis claim expert from our solicitors.
Our medical negligence solicitors can offer a broad range of services and support to those harmed by medical misdiagnosis. We understand that cancer is one of the toughest things people go through, and we work hard to ensure your particular needs are considered and met. Our solicitors work to strict No Win No Fee terms, and there is no charge for finding out if you could make a claim, so why not speak to us today?
Services Our Solicitors Can Offer
Here are just a few of the services we can provide:
- Connecting you with a range of specialists and medical professionals to ensure you get the care, treatment and rehabilitation you require.
- Explaining all the technical terms and making sure you understand how the case is progressing. We also have a legal glossary on our website.
- Assisting you in gathering supporting evidence.
- Calculating a potential value of all the harm caused, including financial harm, to take to your healthcare provider’s solicitors.
- Negotiating a settlement on your behalf.
- Finding a barrister with the right knowledge and skills to present your case in court. While most medical negligence claims can be settled outside of court, if your case does end up going to trial, our solicitors will have your back every step of the way.
All of our solicitors offer eligible claimants legal representation under a Conditional Fee Agreement (CFA). This type of contract means the claimant will not be liable for any service fees at the start of or during the claim. There will also be no such fee to pay if the claim is lost.
A success fee will, however, be taken if the claim succeeds. The Conditional Fee Agreements Order 2013 caps the percentage that can be charged as this fee to 25% so the majority of the compensation stays with the claimant.
Contact Our Team
So, we’ve covered a lot of ground here, and we’re not expecting you to understand everything or decide whether to pursue legal action straight away. Fortunately, our advisors maintain a 24-hour presence, so if you want to ask questions, discuss the claim process or get a free eligibility check, the Advice team is always available.
Get in touch at any time via the details given here:
- Call us on 0161 509 2856.
- You can also contact us online by completing our callback form.
- Click the live chat button in the bottom corner of your screen.
More Information
You can read some of our cancer misdiagnosis claims guides here:
- Read more about claiming for a lung cancer misdiagnosis on our website.
- Find out who could claim for a breast cancer misdiagnosis and when this amounts to medical negligence.
- You could be entitled to compensation if your cancer was misdiagnosed as rheumatoid arthritis due to medical negligence.
We have also included these external resources, which we hope you’ll find useful:
- The NHS has various resources on cancer available on its website.
- Read the information from Cancer Research UK on brain tumours here.
- Learn how to complain about a service or provider from the Care Quality Commission.
Thank you for reading our guide to brain cancer misdiagnosis claims. For more information on how our medical negligence solicitors could help you claim after your brain cancer was misdiagnosed, talk to our advisors today.
