Brain Tumour Claims
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Brain tumours can be cancerous or benign, but no matter which kind you have, there is little more worrying. They are formed when a growth of cells in the brain multiplies in an uncontrolled way, and can have very different effects depending upon their location in the brain.
In most cases the earlier it is diagnosed, the better the outcome, but if you have received negligent treatment that delayed your diagnosis, you may need to consider a claim for compensation.
WE OBTAINED EXPERT EVIDENCE THAT IMRAN'S CONDITION SHOULD HAVE BEEN DIAGNOSED EARLIER THAN IT WAS, AND WE SECURED DAMAGES FOR HIM.
Imran was born in January 1989. In early March 1997 his mother noticed that he had difficulty moving his head and holding his head up. He was also complaining of bad headaches and was being sick. She took him to his GP who referred him to hospital to see a paediatrician.
He saw the paediatrician three weeks later. The paediatrician did some investigations including barium meals and x-ray investigations but did not properly examine his eyes. She should have looked at the optic fundi. Two weeks later his teacher asked the school’s optician to see him. The optician was worried about the pressure in his eye and referred him to hospital.
He had further tests which showed raised intracranial pressure (raised pressure within the brain). This was caused by a tumour at the top of his spine. He was sent to Frenchay Hospital in Bristol and had emergency surgery to his brain and spine. The tumour was removed but sadly he was left blind.
How we Helped
We obtained expert evidence that his condition should have been diagnosed earlier than it had been, and he would be able to see normally today if it had. We obtained damages of £650,000 to help him get the support and care he will need in the future.
All names have been changed to protect the identities of the individuals
Common Forms of Brain Tumour Negligence
Negligence can arise from:
- Delay in diagnosis of the brain tumour
- Complications arising during brain surgery
- Misdiagnosis of the brain tumour
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.
The 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.
What is a Group Action/Group Litigation?
Group Litigations are where a number of individuals with similar claims, arising from similar circumstances (and usually agai...
What is Clinical Negligence?
Clinical negligence, also known as medical negligence, is when you suffer an injury (physical or psychiatric) as a result of ...
How do you prove a claim?
In order to prove a medical negligence claim, there are two tests that we must apply. First, we must show that the medical ...
How much compensation will I receive?
Every claimant’s circumstances are different, depending on the type of injury sustained and how the injury may have aff...
Will my claim be successful?
To succeed with a clinical negligence claim we need to establish both breach of duty and causation. We need to show that the ...
Speak to Our Experienced Brain Tumour Negligence Lawyers Now
Our expert team of lawyers have helped many people with their brain tumour claims. We can manage your claim for compensation and help with any rehabilitation needs arising from your illness.
Call now to find out more about how we can help.0800 044 8488