Brain Cancer Claims

Claim Compensation for Brain Cancer Negligence

Brain cancer occurs when malignant tumours form in the brain. According toThe Brain Tumour Charity, it is the biggest cancer killer of children and adults under 40. About 35 new cases are diagnosed in the UK every day, and only11% of adults will survive for 10 years after diagnosis.

Brain tumours are classified into four grades. Grades 1 and 2 are generally considered benign (non-cancerous) or low-grade by the NHS because they grow slowly, are less likely to spread, and are less likely to return after treatment. Many people with a low-grade brain tumour live long, happy and healthy lives.

Grade 3 and 4 tumours are high-grade, cancerous, and more likely to grow quickly and recur.

Some common symptoms of a brain tumor, as listed by the NHS, include:

• Headaches
• Nausea and vomiting
• Dizziness
• Changes in mental state or behaviour
• Seizures
• Weakness or paralysis on one side of the body
• Issues with speech or vision

Your doctor should be fully aware of the signs of a brain tumour and refer you to a specialist for further investigations. If something goes wrong in that process, and you suffer harm as a result, we can help you get the compensation you deserve.

What is brain cancer misdiagnosis?

Cancer misdiagnosis could happen when:

• You are given the wrong diagnosis. Receiving the wrong diagnosis will delay your treatment, which could allow the brain cancer to spread or worsen. It also means you will receive treatments that are not suitable for your condition, causing unnecessary strain on your body.
• You are given a delayed diagnosis. This happens when the doctor takes too long to identify the cancer or fails to recognise the symptoms as being indicative of brain cancer. Delayed diagnosis can lead to a delay in treatment, making it harder for you to recover.
• You are given an incorrect prognosis. Prognosis is an estimate of how likely it is for you to beat the cancer based on its type, stage and other factors. If your doctor gives you an incorrect prognosis, it can significantly impact your treatment plan and overall outlook.
• The diagnosis is missed altogether. In some cases, a brain tumor may be entirely missed during the diagnostic process so it goes untreated.

Some examples of specific actions (or failures) that can lead to a missed diagnosis include:

• Failure to refer to a cancer specialist or neurologist
• Failure to order tests such as CT scans or MRIs
• Failing to spot a mass or other indicators of brain cancer in imaging results
• Misinterpretation of test results
• Administrative errors such as lost patient notes or mishandled lab samples
• Symptoms being attributed to other conditions, such as migraines or sinus infections

Do I have a brain cancer misdiagnosis claim?

You can make a claim if you received negligent treatment from a healthcare provider, which led to unnecessary pain and suffering. However, not all cases of brain tumour misdiagnosis can form the basis of a claim.

For example, you may present with non-typical symptoms that do not raise the alarm, or a brain scan may come back ‘clear’, meaning that no competent professional would notice the signs of a brain tumour. In these cases, the medical professionals involved may have acted properly and fulfilled their duty of care towards you.

However, if your medical team failed to follow established protocols or ignored warning signs that should have prompted further investigation, we may be able to show negligence.

Each brain tumour is different. Sometimes, a doctor acts negligently but the tumour is such that it cannot be treated or shrunk, meaning the outcome for the patient remains the same regardless of any earlier intervention. It is not possible to make a case for compensation in this scenario.

More often, there will be life-long and life-changing impacts from a brain cancer misdiagnosis. These usually include physical, cognitive and social impairments which need ongoing medical treatment, therapy and support. A misdiagnosis of brain cancer can also have financial consequences, especially if the patient is unable to work.

All of these costs can form the basis of a compensation claim.

Can I claim on behalf of a loved one?

Our team of solicitors is here to support you if you have lost a loved one due to brain cancer misdiagnosis. We will guide you through the claims process with care, ensuring you feel supported every step of the way.

If your loved one passed away because of a delayed or misdiagnosis of brain cancer, we can assist with the following:

• Recovering compensation for their pain and suffering
• Recovering funeral expenses and other financial losses caused by their death
• Claiming a statutory bereavement award, a sum of £15,120 paid to close relatives when a wrongful death happens
• Representing you at an NHS investigation or coroner’s inquest
• Helping you get answers and an apology from those responsible

We can help you make a claim if you’re the spouse, civil partner or child of the person who died. You can also claim if you’re the parent of a child under 18 whose life was financially supported by the person who died.

Learn more by visiting our fatal medical negligence page.

How much compensation can I receive for a brain tumour misdiagnosis?

Each claim is assessed individually. The final amount depends on the specific circumstances, including your age, how the misdiagnosis affected your health, treatment options and quality of life, and any financial losses.

In general, compensation for a brain tumour misdiagnosis can range from tens of thousands to seven figures. The compensation can help pay for:

• Private healthcare
• Future rehabilitation and support
• Loss of earnings
• Expenses (e.g. travel costs)

To learn more about how cancer misdiagnosis compensation is calculated, get in touch with our medical negligence team.

What will happen when I make a claim?

After you reach out to us, we will arrange a free initial consultation. One of our cancer misdiagnosis specialists will listen to your story and determine whether you might have a legal claim. We will also explain the different ways to fund your claim, including no win no fee agreements.

If you decide to work with us, we contact those responsible for your misdiagnosis to see if they accept fault early on. In most cases, this will be the relevant NHS Trust. If they admit responsibility, we will try to secure early (interim) compensation payments. This money can help cover medical costs and ongoing expenses while your claim is being settled.

Our team will investigate your case thoroughly, gathering evidence from independent medical experts. Neurologists and brain cancer specialists help us understand the care you should have received, any impacts on your future health, and the support you might need going forward. Their evidence helps us work out a fair amount of compensation for you.

We always aim to settle claims out of court and keep the process as short as possible. Most brain cancer misdiagnosis cases settle before reaching trial. However, if your claim does go to court, we will be with you every step of the way, guiding you through the process to make sure you feel supported and confident.

Why work with our experts?

We are an award-winning, top-rated medical negligence team. Our lawyers are highly experienced with medical qualifications and years of handling cancer misdiagnosis cases.

We know this is a difficult time for you and your family. You may want to understand what happened and hear an apology as well as receive financial help with your treatment costs. The rules allow the NHS complaints process to run at the same time as a legal claim, so you do not need to wait for one before starting the other. Our team will listen to you and help get the result that fits your situation.

To speak with one of our cancer compensation solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811