This article will discuss your eligibility to claim for the harm you experienced following a negligent brain cancer misdiagnosis. We’ll provide information about medical negligence and how to determine if it played a role in your misdiagnosis.
One of the topics we will explain includes the duty of care that medical professionals owe their patients. In addition, we will discuss the criteria you must meet to be eligible for compensation and how payouts are calculated for medical negligence claims. We will also provide information about evidence you could collect to support your case.
Contact our advisors today for free legal advice. They are available 24 hours a day, 7 days a week, to answer your questions and provide information about the medical negligence claims process. They could also connect you with one of our skilled solicitors, who may offer their services to you during your medical negligence claim.
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Select A Section
- Can You Claim For A Brain Cancer Misdiagnosis?
- What Is The Most Common Type Of Brain Cancer?
- How To Prove You Were Harmed By Negligent Medical Care
- Estimating Settlements For Brain Cancer Misdiagnosis Claims
- Why Choose Our Team For Your No Win No Fee Brain Cancer Misdiagnosis Claim?
- Learn More About Medical Misdiagnosis Claims
Patients are owed a duty of care by the medical professionals who are treating them. This includes surgeons, GPs, doctors and nurses in both the public and private healthcare sectors. Accordingly, they must provide their patients with an adequate level of care and prevent them from sustaining avoidable or unnecessary harm. If they do not fulfil these criteria, then medical negligence may have occurred.
To be eligible to make a medical negligence claim, you must show that your brain cancer misdiagnosis occurred because a healthcare professional breached their duty of care. Additionally, you must show how you experienced avoidable or unnecessary harm due to this breach.
To illustrate, the following examples could represent medical negligence:
- A GP fails to send you for diagnostic tests despite you showing clear symptoms of a brain tumour. Any delays in treatment could give the tumour time to spread or grow larger.
- Your blood test results are mixed up with those of another patient. This could mean you are diagnosed with a condition you do not have.
- A doctor does not take all the symptoms you report into account when diagnosing you, despite the fact they include obvious signs of a brain tumour.
Contact our advisors if you have more questions about establishing whether negligence played a role in the medical misdiagnosis you received.
Limitation Periods On Claims For Brain Cancer Misdiagnosis
When claiming for a brain cancer misdiagnosis, you must ensure your claim is filed within the correct time limit. For medical negligence claims, you generally have:
- 3 years from the date medical negligence occurred
- 3 years from the date you first realised negligence had taken place. This is known as your date of knowledge.
Contact our advisors today to ask if you’re eligible to make a claim. Additionally, they can explain the exceptions that exist for the time limits above and provide information about how a court-appointed litigation friend could claim on behalf of certain individuals.
A malignant brain tumour (otherwise known as brain cancer) is a cancerous growth in the brain. It usually grows more quickly than a benign brain tumour. Cancer Research UK states that there are more than 100 types of brain tumours and the NHS specifies the symptoms you could experience. However, some of the most common symptoms include:
- Memory issues or personality changes
- Problems with speech and vision
- Frequently feeling sick
Since cancer can grow and spread, it’s important that you receive a diagnosis as soon as possible so that you can receive the correct treatment. If your brain cancer is misdiagnosed, your treatment could be delayed and you may experience worsening symptoms. A misdiagnosis could also lead to death.
Please remember that not every brain cancer misdiagnosis will constitute medical negligence. To claim, you must show that a medical professional breached the duty of care they owed you and caused unnecessary harm as a result.
Don’t hesitate to contact our advisors if you have questions about claiming for the misdiagnosis of cancer. Our team is available 24/7 for a free consultation.
Evidence is necessary to prove that your misdiagnosis occurred due to medical negligence. Documents that could help support your claim include:
- An independent medical assessment, which will establish the level of harm you experienced.
- Your medical records, which will include information about the diagnoses and treatments you received.
- Correspondence (such as letters or emails) with the institution where the negligence occurred.
Contact our advisors today to receive a consultation about claiming for GP and doctor negligence. Our team could also connect you with one of our solicitors, who could help you gather evidence for your claim.
If you have suffered negligent harm, general damages could compensate you for this pain and suffering. Below, we have created a table using the compensation guidelines stated in the most up-to-date edition of the Judicial College Guidelines (JCG), published in April 2022. This is a document that provides compensation brackets for various injuries. Legal professionals can use these brackets to assess the value of potential claims.
However, you should only use the following table as a guide. The specific factors of your claim could affect how much you receive and therefore differ from the amounts listed below.
|(a) Very Severe Brain Damage
|The person will require full-time care and will suffer from double incontinence and little or no language function. They may be able to follow basic commands.
|£282,010 to £403,990
|(b) Moderately Severe Brain Damage
|The person will be seriously disabled and may suffer from limb paralysis or other physical/cognitive disabilities. They will need constant care.
|£219,070 to £282,010
|(c) (i) Moderate Brain Damage
|There will be no prospect of employment, a moderate to severe intellectual deficit, significant risk of epilepsy, and other effects.
|£150,110 to £219,070
|(c) (ii) Moderate Brain Damage
|There will be a moderate to modest intellectual deficit, some risk of epilepsy, and greatly reduced employment prospects.
|£90,720 to £150,110
|(c) (i) Injuries Affecting Sight
|Though some vision remains in one eye, this is at risk of further deterioration. No sight remains in the other eye.
|£95,990 to £179,770
|Established grand mal epilepsy.
|£102,000 to £150,110
|Established petit mal epilepsy.
|£54,830 to £131,370
Special Damages You Could Claim
If you have suffered financial loss due to the avoidable harm caused by medical negligence, your compensation could also include special damages. For example, if you’ve required time off work due to your brain cancer misdiagnosis, special damages could reimburse you for your loss of earnings. Other losses you could be compensated for include:
- Travel expenses getting to and from medical appointments
- The cost of rehabilitation treatments
- Care costs
- Home adaptations
However, you will need to provide financial evidence, such as bank statements or invoices, of these losses to receive special damages. Contact our advisors today to discuss potential compensation and find out whether you may be eligible to start a hospital negligence claim.
Contact our friendly advisors today if you wish to discuss your potential brain cancer misdiagnosis claim. They can provide you with a free consultation to advise you on your eligibility for compensation. If they believe your claim is valid, they may put you in contact with one of our solicitors. These professionals could help you gather evidence and represent you during the claims process. Furthermore, they could offer you a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee agreement. The benefits of using a CFA include:
- The solicitor you’re working with won’t charge any upfront or ongoing fees for their services.
- Typically you’re not expected to pay them for their services if the claim fails.
- Instead, you pay them a success fee if the claim succeeds. This fee is taken from your compensation, and the percentage a solicitor can charge in this way is legislatively capped.
Please get in touch with our advisors if you have further questions about medical negligence claims or working with a solicitor under a CFA. They are available 24/7 to discuss your potential claim following a negligent brain cancer misdiagnosis.
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Additional guides about medical negligence claims:
- £16.5 million compensation payout for medical negligence leading to brain damage
- Medical negligence leading to death compensation claim amounts
- Surgical negligence claim guide
For further information:
- Macmillan Cancer Support – Brain tumour
- Ministry of Justice (MoJ) – Procedure rules and protocol
- General Medical Council (GMC) – The duties of a doctor registered with the GMC
Contact our advisors today if you have any questions about your eligibility to claim for a brain cancer misdiagnosis.