My Brain Cancer Was Misdiagnosed, How Do I Claim Compensation?

This guide will look at whether you could pursue compensation if your brain cancer has been misdiagnosed. We will look at the eligibility requirements for putting forward a claim as well as the evidence you can gather to support your case.

Medical professionals, including doctors and nurses, owe their patients a duty of care. This means they must provide the correct standard of care. If they fail to do so, it could lead to a misdiagnosis of cancer which could impact you both physically and psychologically. In some cases, you could be eligible to seek compensation to address the ways in which you have been impacted. We will provide further guidance on the settlement you could be awarded if you make a successful claim throughout this guide.

This guide will also look at the benefits of working with a No Win No Fee solicitor from our panel to help you claim following the misdiagnosis of your illness.

Please continue reading to learn more. Alternatively, you can get in touch with one of our advisors who can offer free legal advice 24/7. To find out more, you can:

brain cancer misdiagnosed

My Brain Cancer Was Misdiagnosed, How Do I Claim Compensation?

Browse Our Guide

  1. Am I Eligible To Claim If My Brain Cancer Was Misdiagnosed?
  2. How Do I Seek Compensation If Brain Cancer Is Misdiagnosed?
  3. How Could A Cancer Misdiagnosis Occur
  4. What Payout Could I Receive If My Brain Cancer Was Misdiagnosed?
  5. Why Work With Our Team Of No Win No Fee Solicitors?
  6. Find Out More About Cancer Medical Negligence Claims

Am I Eligible To Claim If My Brain Cancer Was Misdiagnosed?

In order to be eligible to claim for a brain cancer misdiagnosis, you need to prove that medical negligence has occurred. This involves a medical professional not upholding their duty of care and causing you to sustain avoidable harm as a result. 

All medical professionals owe a duty of care to their patients. This means they need to provide care that meets the correct standard. The ways in which they are expected to uphold this duty can vary depending on the area of medicine they practice in. For example, the General Medical Council provides guidance on good medical practice for doctors, whilst the Royal College of Nursing sets out the duty of care for nurses.

If you have experienced avoidable harm due to a medical professional breaching their duty of care, get in touch to find out if you could start a medical negligence claim.

How Do I Seek Compensation If Brain Cancer Is Misdiagnosed?

There are several steps you can take as part of the medical negligence claims process to support your case. Firstly, you could gather evidence to prove that a medical professional caused you avoidable harm by providing a sub-standard level of care. This can include:

  • A copy of your medical records, such as prescriptions, letters detailing your diagnosis and treatment plans.
  • An independent medical report that can provide information on the nature and full extent of the harm you experienced.

Secondly, you could seek legal representation from a solicitor on our panel. They can help you build and present your case in full. Additionally, they can ensure you put forward your claim within the relevant time-frame.

How Long Do I Have To Claim If My Brain Cancer Was Misdiagnosed?

You typically have three years to start your claim. This can begin from when medical negligence happened or the date that you realised a medical professional’s breach of duty caused you avoidable harm.

However, there are certain exceptions that can apply in some circumstances. To learn more about the time limit for medical negligence claims and whether the exceptions could apply, get in touch using the number above.

How Could A Cancer Misdiagnosis Occur?

There are several ways a brain cancer misdiagnosis could occur. For example:

  • You visit your doctor with clear signs of brain cancer but they fail to refer you for further tests. Instead, they diagnose you incorrectly with a different condition. This leads to you receiving the incorrect treatment and results in your cancer worsening.
  • Your test results are mixed up in a hospital resulting in you receiving the wrong diagnosis. As a result, there are delays in treatment for your cancer which results in it spreading to other areas of the body.

Primary brain cancer can start in any part of the brain as well as the spinal cord. If brain cancer is misdiagnosed, it could lead to the condition worsening meaning the patient requires more invasive treatment, such as surgery and an aggressive form of chemotherapy. It could also mean the cancer spreads to other parts of the body.

If you are successful in proving medical negligence occurred, you could be awarded a settlement that addresses the ways in which you have been impacted. To learn more about what you could receive, please get in touch using the number above.

What Payout Could I Receive If My Brain Cancer Was Misdiagnosed?

If make a successful medical negligence claim, you could be awarded two heads of claim as part of your overall settlement. The first, general damages, compensates for the pain, suffering or loss of amenity caused by medical negligence. There is also consideration given to the impact that the medical negligence has had on your overall quality of life.

Solicitors can use the Judicial College Guidelines (JCG) to help them calculate general damages. This is a document containing guideline compensation awards for various types of harm. We have taken figures from the JCG to create the table below. However, please only use the figures as guidance only.

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Type of Harm Guideline Compensation Amount Notes
Very Severe Brain Injury (a)

 £282,010 to £403,990 The injured person is left requiring full-time nursing care and there will be little evidence, if there is any at all, of a meaningful response to their environment.
Moderately Severe Brain Injury (b) £219,070 to £282,010 The person is left with a very serious disability that is either cognitive or physical. They substantially depend on others and require constant care.
Moderate Brain Injury (c) (i) £150,110 to £219,070 There is an intellectual deficit of a moderate to severe nature, a change in personality and an affect on senses alongside a risk of epilepsy.
Moderate Brain Injury (c) (ii) £90,720 to £150,110 There is an intellectual deficit of a moderate to modest nature with a risk of epilepsy. The person’s ability to work is also greatly reduced.
Moderate Brain Injury (c) (iii) £43,060 to £90,720 Memory and concentration are affected and the ability to work is reduced. However, dependence on others is very limited.
Less Severe Brain Injury (d) £15,320 to £43,060 There is a good recovery and the person can partake in normal social activities as well as return to work. However, there will still be ongoing issues with concentration and memory.
Tetraplegia (a) £324,600 to £403,990 Some cases in this bracket will involve the person having full awareness of their disability, a reduced life expectation and the requirement of help with bodily functions. However, they won’t be in any physical pain.
Epilepsy (a) £102,000 to £150,110 Established Grand Mal.

Can I Receive Special Damages Within My Settlement?

You could also receive special damages as part of your overall payout. Any financial losses or expenses incurred as a result of medical negligence is compensated for under this head of claim. For example, you might have to pay for domestic care or you may be unable to return to work either temporarily or permanently, resulting in a loss of earnings.

If you have evidence of these losses, you could claim them back under special damages. For example, invoices could show the cost of care whilst payslips could show the lost income.

For more information on the compensation you could be awarded if you successfully claim after receiving a brain cancer misdiagnosis, get in touch using the number above.

Why Work With Our Team Of No Win No Fee Solicitors?

If you are considering seeking legal representation, you might be interested working with a solicitor under a No Win No Fee contract, such as a Conditional Fee Agreement.

Under this arrangement, you won’t be required to pay your solicitor for their work if your claim does not succeed. Usually, you also won’t pay a fee upfront to your solicitor or while your claim is ongoing for their services.

If your claim does succeed, a success fee that is capped by law will be taken from your award by your solicitor. 

Our panel of solicitors offer their services under a No Win No Fee agreement. If you would like to be connected, you can get in touch with an advisor. They can assess your eligibility to claim if your brain cancer has been misdiagnosed and if they find your claim is valid, could connect you with a solicitor. For more information, you can:

Find Out More About Cancer Medical Negligence Claims 

Please find more of our guides relating to cancer misdiagnosis claims below:

Additionally, please refer to the following resources for additional information:

That concludes our guide on when you could be eligible to claim medical negligence compensation if your brain cancer is misdiagnosed. Get in touch at any time if you have any other questions.

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