Brain Tumour Claims
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If you suspect the treatment you received for a brain tumour was not up-to-scratch – or there was an unnecessary delay in diagnosis – compensation may be available.
Compensation is there to help you cope with the consequences of avoidable harm, such as long term ill-health and loss of earnings.
Our experienced and specialist brain tumour solicitors have supported many families through the process of claiming compensation.
Get in touch for a free no obligation initial discussion.
How to make seek brain tumour compensation
We understand that it can feel like a difficult moral decision to make a claim and that the process can seem daunting.
The first step is to contact a specialist solicitor, such as Enable Law, to get some advice on the specifics of your case. No two people have identical experiences or circumstances.
The claims process can help people work through the emotions associated with their injury, and we offer extensive practical support. Our aim is always to ensure the people we work with can build the best future possible.
Compensation will not right the wrongs of mistakes during treatment or bring back loved ones where a brain tumour or negligent care cost a life, but it can help people to access valuable help.
Our lawyers have built up extensive contacts with brain injury and brain tumour charities, support groups and specialist medics. We connect clients to that network to ensure they receive the best possible help and treatment available. The settlements we secure ensure that finances are not a barrier to people accessing help and building a new life.
The process of pursuing compensation also often helps people get answers when it comes to addressing what went wrong during their care.
Misdiagnosis of brain tumour and other common forms of brain tumour negligence
One of the most common issues that leads to a brain tumour claim is the missed or delayed diagnosis of a brain tumour.
Delays in diagnosing a tumour can lead to the outcome for a patient being worse or even fatal where otherwise they may have made a recovery.
In order to make a successful compensation claim it is necessary to show that a patient was harmed as a result of negligence. If the patient would have suffered in the same way even if a tumour was spotted earlier, it is not possible to make a claim.
To demonstrate brain tumour medical negligence, it is also necessary to show that a competent clinical professional would not have approached things differently, been more thorough or would have not made a similar treatment decision.
Issues that lead to brain tumour claims include:
- failures by GPs to spot that symptoms, such as persistent headaches, relate to a brain tumour
- a radiologist’s failure to spot abnormalities on CT or MRI scans or X Rays, disregard abnormalities shown up on scans or fail to advise the proper follow-up
- opticians failing to spot and refer abnormalities for further evaluation
- any advised follow-up actions not being acted upon by clinicians
- errors or delays in treatment, for example failure to spot a blocked shunt or radiotherapy or chemotherapy errors
- mistakes during brain tumour surgery
- failure of a GP to refer to a specialist
- misreading of misinterpretation of tests
- inappropriate exposure to radiation, such as ionising radiation from x-rays or CT scans or a failure to explain the risks (though less than 1% of brain tumours diagnosed in the UK are caused by ionising radiation, according to Cancer Research UK)
- failures to fully discuss treatment options with patients and the risks and alternatives
- excessive treatment
- inappropriate or delayed treatment of a primary tumour resulting in a secondary tumour.
Delays or mistakes in brain tumour care can lead to:
- loss of senses, including vision and hearing
- reduced life expectancy or death
- reduced mobility or paralysis
- speech difficulties
- fatigue
- memory problems, impact on mental capacity or other cognitive problems (involving ability to understand and carry out mental tasks).
All of these things can also be symptoms of someone who was correctly treated and may be a result of suffering a brain tumour rather than due to errors in care. In other cases, however, the symptoms would not be present or would be less severe without clinical negligence.
Could my GP have missed a brain tumour?
GPs should spot symptoms that could be caused by a brain tumour and carry out appropriate checks when those symptoms are displayed.
Common symptoms of a brain tumour include headaches (which may be severe or frequent), feeling nauseous or being sick and fits (seizures). Symptoms may also include being drowsy or losing consciousness, problems with your eyes and vision, confusion or changes in your personality.
These symptoms may not mean you have a brain tumour – they may indicate something far less severe – but GPs ought to rule out a tumour if you have them.
GP checks should focus on:
- your eyes and hearing
- reflexes
- memory
- whether you have any loss of sensation or numbness
Depending on the outcome of a GP’s assessment, a referral may be made for further tests and a specialist should then follow certain guidelines in the next stages of care.
Diagnosing and treating a brain tumour is extremely complex and there are many things that can go wrong.
Guidelines dictate how care should be delivered. Doctors and nurses are human and sometimes they miss things they should not have done or make other mistakes.
The outcomes can be tragic for the individuals involved and compensation provision is there to ensure people are as well looked after as possible when they become the victim of an error.
What makes a brain tumour claim successful?
Medical negligence brain tumour compensation claims are successful when it is possible to prove that:
- A clinician didn’t carry out their duty
- and an individual was worse off or suffered as a result of that mistake or action.
Clinicians who may provide less than adequate care in relation to a brain tumour include GPs, neurologists, radiologists, surgeons, anaesthetists and opticians.
We secured £650,000 to assist an eight-year-old boy to cope with life after being blinded when there was a delay in diagnosing a brain tumour.
£650,000 for boy blinded by delay in brain tumour diagnosis
In one case we dealt with, we secured £650,000 to assist an eight-year-old boy to cope with life after being blinded when there was a delay in diagnosing a brain tumour.
Our investigations showed that had the tumour been diagnosed earlier Imran* would not have lost his sight.
A paediatrician failed to properly examine Imran’s eyes when he was referred to her. He had had difficulties moving his head and holding it up, bad headaches and had been sick.
Two weeks later an optician raised concerns about the pressure in Imran’s eyes and a tumour was found at the top of his spine which required emergency brain and spinal surgery.
The compensation secured will help to support Imran to deal with the difficulties he now faces during his life.
Contact Enable Law for help with brain tumour claims
Enable Law is a top rated medical negligence legal firm with specialists in brain tumour claims.
Our vast experience means we provide clients with all the support and information needed to make a claim and access the best help to live as full lives as possible following failed brain tumour care.
We offer no win no fee arrangements and your initial consultation is free.
Please do get in touch to find how we can help you or find out more about us and our experience via: Enable Law why choose us?
Does claiming for compensation take money from the NHS?
Cases involving claims against NHS Trusts for negligence are dealt with by NHS Resolution (formerly called the NHSLA, or NHS Litigation Authority). NHS Resolution was set up by the Government to deal with claims against NHS Trusts.
NHS Resolution acts in a similar way to how an insurance company would act for an individual. Every year, each NHS Trust pays a premium to NHS Resolution so that they have cover in the event of a claim being made against them. This is similar to a car owner paying a premium to an insurance company to cover them in the event of a car accident.
Money paid out in compensation to victims of negligence comes from the premiums paid by the Trusts to NHS Resolution. Each NHS Trust is required to have cover in place to pay any claims, just in the same way that a car owner is required by law to obtain appropriate insurance cover.
A claim for compensation will be paid by NHS Resolution on behalf of the Trust you are claiming against (“ the Defendant Trust”). A Trust pays an annual premium to NHS Resolution irrespective of whether you decide to pursue a claim or not. There are similar organisations representing GPs, dentists, etc.
