Brain tumours and medical negligence claims

A brain tumour diagnosis is devastating and has profound consequences for anyone given this news. Sometimes there is delay which can have an impact on the treatment options and whether the disease can be successfully treated.

What types of tumours are there?

Every tumour is different: some are aggressive and fast growing while others are slow growing and amenable to surveillance and treatment. The treatment options will also vary according to the position and size at the time of treatment. Sometimes tumours can be removed relatively easily without damaging surrounding tissues and in other cases, removal comes at a high price, with loss of senses e.g. sight, speech, hearing or smell.

What is it like living with a brain tumour?

It can be very tough indeed as if surveillance monitoring with scans is an option there is constant worry about whether the tumour is progressing.

Treatment is harsh. Surgery to the brain is invasive and often leaves patients with effects similar to those suffered in traumatic brain injury including memory loss, change in personality and paralysis.

Making a compensation claim

The team at Clarke Willmott have significant experience in handling claims arising from delayed diagnosis of a brain tumour. Claims will vary in terms of value depending on the consequences. It is unlike other areas of medical negligence as the underlying impact of the brain tumour is significant and in some cases the additional effect of delay is modest but if delay has caused additional loss of amenity e.g. senses or mobility then it could be a significant claim. In some cases delay will have led to an otherwise treatable tumour being inoperable.

Examples of negligent care include:

• Failure to interpret radiology correctly
• Failure to refer for urgent scanning
• Delay in primary care due to symptoms not being recognised as typical of brain tumour
• Inappropriate treatment
• Surgical error

We are proud to support Brain Tumour Support

Our specialist medical negligence team work closely with BTS and are proud to be recommended by them as a source of accredited legal advice.

Helpful information about the signs and symptoms can be found on the Brain Tumour Support website.

We are also accredited to provide expert medical negligence advice by:

• Action against Medical Accidents (AvMA)
• The Law Society
• APIL