This guide will explain when you may be eligible to bring forward a medical negligence compensation claim for the misdiagnosis of brain cancer. Medical professionals owe their patients a duty of care. This means they must provide you with care of the correct standard. If they fail to do this and, as a result, you suffer from avoidable harm, you may be eligible to make a medical negligence claim.
Misdiagnosis of brain cancer claims guide
Cancer can begin in one part of the body and then spread to other areas. Therefore, it is important to get treatment. This could be delayed by a misdiagnosis, potentially leading to the cancer spreading and a worsened prognosis.
In this guide, we will lay out the eligibility criteria to pursue medical negligence compensation for misdiagnosed brain cancer and explore what evidence you could use to support your claim. What’s more, we will also provide an explanation of how compensation could be calculated for a successful claim.
Please continue reading our guide to learn more. Also, you can contact our team at any time if you would like to make an inquiry pertaining to your potential claim. Our advisors can provide free legal advice and insight into your eligibility to claim and the potential compensation that you could receive.
To get in touch:
- Telephone 0161 696 9685
- Contact us online
- Make an inquiry by writing to an advisor through our live chat window.
Browse Our Guide
- Eligibility Criteria To Claim For The Misdiagnosis Of Brain Cancer
- How Might A Medical Misdiagnosis Happen?
- Helpful Evidence In A Medical Negligence Claim
- Compensation Payouts For The Misdiagnosis Of Brain Cancer
- Contact Our Expert Team About No Win No Fee Medical Negligence Claims
- Learn More About The Misdiagnosis Of Brain Cancer
Eligibility Criteria To Claim For The Misdiagnosis Of Brain Cancer
A malignant brain tumour is a growth in the brain that is cancerous. Symptoms can include headaches, seizures, changes in personality, memory issues and vision problems. Also, following treatment for a brain tumour, you could have some lasting problems.
To pursue medical negligence compensation for the misdiagnosis of brain cancer, your case must meet the following eligibility requirements:
- Firstly, a medical professional owed you a duty of care.
- Secondly, they breached this duty of care owed to you.
- Finally, as a consequence of this breach, you suffered from avoidable harm.
If you meet these criteria, you may have valid grounds to bring forward a medical negligence claim. Therefore, not all cases of cancer misdiagnosis will lead to a compensation claim, as your case must meet the full definition of negligence.
Also, it is important to consider whether you are within the limitation period to begin your claim, which we will discuss in the following section.
What Is The Limitation Period To Claim For The Misdiagnosis Of Brain Cancer?
The Limitation Act 1980 outlines the time limits applicable to medical negligence claims. This states that you can begin your claim within the following times:
- Three years from the date that medical negligence occurred.
- Three years from when you learned that the harm you sustained was connected to negligence, this can be known as the date of knowledge.
It should also be noted that there are certain exceptions to these time limits. Therefore, if your case is not within these limits, you could still be eligible to claim. To learn whether you may have an eligible claim, speak to one of our advisors today.
How Might A Medical Misdiagnosis Happen?
There are various ways that the misdiagnosis of brain cancer could occur. Below we will provide some examples:
- Your blood test results and those of another patient are mixed up, resulting in your receiving the incorrect results and, therefore, the wrong diagnosis.
- A medical professional could misinterpret your test results.
- A doctor fails to send you for further testing despite you clearly explaining your symptoms, which necessitates this. This leads to a misdiagnosis.
It is important if you have received a misdiagnosis to get the appropriate medical attention. You could also seek legal advice to discuss the possibility of making a medical negligence claim. Our advisors are available 24/7 to talk to you at no cost.
Helpful Evidence In A Medical Negligence Claim
If you have a potentially valid medical negligence claim for the misdiagnosis of brain cancer and want to pursue compensation, you must acquire evidence. This must prove medical negligence has occurred in your case and could include the following:
- A copy of your medical records, including medical assessments and test results
- A diary you have kept showing the progression of your symptoms and any treatment you have received
- The contact details of any witnesses
The results of the Bolam test might also be used. This is where other relevantly trained medical professionals assess whether you received the correct standard of care or not. If they say the level of care is inadequate, this could support your claim.
Please get in touch with a member of our team if you would like to learn more about the evidence you could obtain to support your claim. Also, they can advise you on how a solicitor can help you to gather evidence and present a complete claim.
Compensation Payouts For The Misdiagnosis Of Brain Cancer
A compensation award for a successful medical negligence claim can be separated into up to two types of damages: general and special damages. Firstly, general damages account for the pain and suffering caused by medical negligence.
Medical negligence solicitors and other legal professionals can use the Judicial College Guidelines (JCG) to help them value general damages. Therefore, we have also used the compensation bracket guidelines in this document to make the table below. This is a guide, as every case has its own unique details determining the award.
| Type of Harm | Severity | Details | Compensation Bracket Guidelines |
|---|---|---|---|
| Brain Damage | (a) Very Severe | Little or no evidence that the person meaningfully responds to their environment, double incontinence, little to no language function, and a need for nursing care full time. | £282,010 to £403,990 |
| Brain Damage | (b) Moderately Severe | Very serious disability, substantial dependence on others, and the need for care is constant. | £219,070 to £282,010 |
| Brain Damage | (c)(i) Moderate | No prospect for employment, a significant risk of epilepsy, a personality change, and a moderate to severe intellectual deficit. | £150,110 to £219,070 |
| Brain Damage | (c)(ii) Moderate | Ability to work is greatly reduced or removed, some risk of epilepsy, and an intellectual deficit of modest to moderate severity. | £90,720 to £150,110 |
| Injury Affecting Sight | (b) Complete Blindness | The person will be completely blind. | In the region of £268,720 |
| Injury Affecting Sight | (c)(ii) Loss of Sight in One Eye and Reduced Vision in the Remaining Eye | Reduced vision in the remaining eye with/or additional problems such as double vision. | £63,950 to £105,990 |
| Epilepsy | (a) | Grand mal. | £102,000 to £150,110 |
| Epilepsy | (b) | Petit mal. | £54,830 to £131,370 |
Special Damages In Medical Misdiagnosis Claims
If you were to make a successful medical misdiagnosis claim, you may also be eligible to receive special damages. This accounts for the monetary losses you have suffered due to medical negligence. These monetary losses could include the following:
- Care costs
- Loss of earnings
- Travel costs
Therefore, you should retain evidence of these losses to prove them for your claim. This evidence could include payslips, for example, to prove the earnings you have lost, or travel tickets and invoices.
Would you like to find out how much compensation you could be eligible to receive? Please speak to a member of our team for an estimate tailored to the details of your claim for the misdiagnosis of brain cancer.
Contact Our Expert Team About No Win No Fee Medical Negligence Claims
Contact our team today to learn whether you may have valid grounds to pursue medical negligence compensation. Should our advisors find this to be the case for your claim, they could put you in correspondence with a solicitor from our panel, who may extend the offer to work on your claim under a No Win No Fee agreement.
A type of No Win No Fee agreement that you could enter into with a legal professional is a Conditional Fee Agreement (CFA). This means your solicitor wouldn’t charge you fees upfront or for the time your claim is ongoing for their services. What’s more, it also generally means that you will not pay for these services at any time if your medical negligence claim is unsuccessful.
However, in the case that your claim succeeds, your solicitor can deduct a small success fee from the compensation. This is a percentage that the laws caps. Therefore, a No Win No Fee solicitor cannot overcharge you.
Talk To Our Expert Team
To learn more about making a medical negligence claim following the misdiagnosis of brain cancer, please speak to a member of our team. They will not place you under any obligations to further your claim with a solicitor from our panel.
You can:
- Telephone 0161 696 9685
- Contact us online
- Make an enquiry by writing to an advisor through our live chat window.
Learn More About The Misdiagnosis Of Brain Cancer
Please explore more of our guides for further information:
- My Cancer Was Misdiagnosed As Rheumatoid Arthritis – When Could I Claim Compensation?
- Medical Negligence And Wrongful Death Compensation Guide
- When Could You Claim For The Misdiagnosis Of Leukaemia?
In addition to these, please take a look at the following sources:
- General Medical Council (GMC) – Good medical practice
- GOV.UK – NHS Constitution for England
- Cancer Research UK – Getting diagnosed with a brain tumour
Thank you for reading this guide to claiming medical negligence compensation for the misdiagnosis of brain cancer. If you have any remaining questions, please get in touch with a member of our team via the contact details provided above.
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