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What Are Brain Cancer Misdiagnosis Claims?
Brain cancer misdiagnosis claims relate to when a patient or the family takes legal action against their doctor or healthcare provider for negligence of duty and failing to accurately diagnose or falsely diagnosing brain cancer when it is not there.
Brain cancer is the 10th leading cause of death worldwide. The average five-year survival rate for people with brain and central nervous system cancers is 36% while the ten-year survival rate is 31%.
The survival rate decreases as one advances in age. For persons younger than 15, the five-year survival rate is at least 75% but for people over 40, that number reduces to just over 21%.
In general, there is less than 1% chance that one will develop brain cancer sometime in life. Women are slightly more at risk than men to develop any type of brain tumour but men are more likely to develop a malignant brain tumour than women.
Brain cancer is obviously a serious issue and when the condition is misdiagnosed, the life of the individual is put even at greater risk. It is vital that accurate diagnosis is done and early too for a total recovery.
Brain cancer is a condition where malignant cells arise in the tissue of the brain. Brain cancer arising from brain cells is known as primary brain cancer. Brain cancer can also arise when cancer from other parts of the body spreads (metastasize) to the brain. Malignant brain tumours spread quickly to other areas of the brain and the spine. Brain cancer statistics in the UK shows that of the about 9,400 people diagnosed with tumours that started in the brain, central nervous system or within the skull each year, half of them are cancerous.
What is Brain Cancer Misdiagnosis?
Brain cancer misdiagnosis refers to when a medical professional fails to correctly identify the presence of brain cancer in a patient. It also includes when there is unnecessary delay in diagnosing brain cancer. Delayed diagnosis is dangerous as the cancer cells continue to spread reducing the survival chances of the person.
Brain cancer misdiagnosis also happens when a medical professional falsely diagnoses a patient with brain cancer which will undoubtedly cause devastating psychological effects for the patient.
If a medical professional has missed or misdiagnosed your brain cancer condition or that of a loved one, such negligence may have made the situation worse causing your or your loved one unnecessary pain and suffering. You are well within your rights to make a claim and seek justice for the harm suffered.
Why make Brain Cancer Misdiagnosis Claims?
The reasons for making brain cancer misdiagnosis claims are not just to receive compensation only. It is important to make claims so that appropriate measures and guidelines are put in place so that such mistakes are prevented from happening again.
Making brain cancer compensation claims also ensures you receive the right amount of compensation for the suffering, pain and trauma you may have experienced as well as financial you may have incurred due to the incident.
Factors That Lead To Brain Cancer Misdiagnosis
All brain cancer misdiagnosis claims are different from each other and can result as a result of negligent actions from the medical professional. Brain tumor misdiagnosis can be caused by:
- GP failing to following perform required tests and medical examinations based on the symptoms and complaints of the patient
- Failing to recommend and refer patents for further investigations and tests
- Wrong interpretation of test results
- Inaccurate reading or interpretation of brain scans
- Failing to follow up on test results
- Failure or unnecessary delays in referring a patient to qualified brain cancer specialist
- Brain tumour false diagnosis such as diagnosis malignant brain tumour as benign and vice versa
- Incorrect analysis of the stage or actual location of the brain cancer
An individual can also make a brain injury medical negligence claim for surgeon negligence during a brain surgery. For example, if you are required to undergo a brain surgery to remove a cancerous tumour and the surgeon or assistants makes a cost error causing irreversible brain damage or worse still, loss of life, a medical negligence claim can be made.
How Is Brain Cancer Diagnosed?
When you visit your GP with the symptoms of a malignant brain tumour your doctor will speak with you and conduct tests and neurological examinations. You will be referred to a neurologist who will conduct further tests such as;
- CT scan
- MRI scan
- Blood Tests
Can Brain Cancer Be Misdiagnosed?
There are a number of conditions that brain cancer can be misdiagnosed as. There have been cases such as these which our brain cancer negligence claims solicitors have been able to handle in the past.
Cancer misdiagnosis is a very serious issue because of the rapid spread of cancer cells with each passing day. When cancer cells become too large and spread to other parts of the body, then it may be impossible to treat the condition.
The following misdiagnosis are common with malignant brain tumour;
- Brain Tumour Misdiagnosed As StrokeWhen the pressure exerted by the tumour on certain areas of the brain leads to symptoms that mimic signs of stroke such as confusion, imbalance and severe headaches, the condition may be misdiagnosed as stroke.
- Brain Tumour Misdiagnosed As A MigraineWhen your symptoms are mostly severe and persistent headaches, without proper tests, the condition could be misdiagnosed as a migraine. This means that the correct diagnosis is delayed which can be fatal.
- Brain Tumour Misdiagnosed As Multiple SclerosisMultiple sclerosis, or MS, a condition that affects the brain and spinal cord presents symptoms that are similar to those of brain tumours and each person affected can have symptoms different from the other person. MS can sometimes be difficult to diagnose as there is no particular test to diagnose it. A neurologist should therefore be vigilant in these cases, make appropriate tests and ensure that the correct diagnosis is made.
- Brain Tumour Misdiagnosed As SinusitisIt is also possible that brain cancer can be misdiagnosed as a viral infection called sinusitis especially when the early symptoms of brain tumour are mild. When these symptoms become more persistent after a few weeks, then it is necessary that a proper examination is done.
How Do I Make A Brain Cancer Negligence Claim?
To make a brain cancer misdiagnosis compensation claim, your specialist brain cancer negligence claim solicitor will assist you establish that the negligence of your doctor, misdiagnosing or poorly handling your condition has caused you unnecessary pain, trauma and suffering.
Therefore, there is every need to establish that;
- Your Doctor, GP or specialist owed you a duty of care
- The medical professionals who owe you a duty of care failed in that duty
- And that you have suffered unnecessary pain, trauma and losses as a result of that breach of duty of care
No Win No Fee Brain Cancer Misdiagnosis Compensation Claims
We will undertake your brain cancer negligence claim under a No Win No Fee basis. This means that we will represent you without you paying us any legal fees during the entire claims process. Even if the claim is unsuccessful, you do not owe us a penny. We take out an insurance cover for you to protect you from having to pay. We appreciate that not everyone can be financially able to fund their claims and we do not want this to stop you from getting justice.
When your case is won, a 25% success fee is deducted from your total compensation award value.
How Much Compensation Will I Get For My Brain Cancer Compensation Claim?
The amount of compensation you can get for your brain cancer compensation claim is not fixed but varies from case to case. No two brain cancer claims are the same. The compensation amount you will receive will depend on certain factors such as the severity of your injury, pain, harm suffered as well as other financial costs and “out-of-pocket” expenses you have incurred as a result of the misdiagnosis.
Time Limit For Making A Medical Negligence Claim
The Limitation Act of 1980 allows you a three-year time frame for making a medical negligence claim. This period is counted from the date of the medical negligence or your date of knowledge. For a minor however, then your three-year time frame does not start until the individual’s 18th birthday.
If individual is incapacitated and unable to make claims, this time frame is relaxed until the person is able to make claims. Alternatively, a family member or loved one known as litigation friend can make claims for persons who are unable to do so.
If you have any questions or queries concerning this, we are here for you to provide you the answers you seek.
When it comes to medical negligence claims, time is of the essence; we therefore encourage you not to delay but reach out to us as soon as possible to begin your claims.
Our Expertise In Brain Cancer Misdiagnosis Claims
Our medical negligence experts have many years of experience in brain cancer misdiagnosis claims. They have competently represented several clients in this area and have the expertise to give you the right legal representation. We understand your difficult situation and will provide you with the support you need while ensuring that the process is smooth and stress-free for you.
Our friendly, approachable and very understanding solicitors will ensure you get the justice you deserve and the right amount of compensation for your pain and loss.
You can contact us today by completing our quick Free Claim Assessment Form for a free assessment of your case so that we can assist you make that claim.
Medical professionals are entrusted with the lives of their patients to whom they owe a duty of care. It is therefore crucial that they make the right decisions in the best interest of their patients. If you have suffered pain or trauma as a result of medical negligence during brain cancer, then we are here ready to help you make a claim.
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Frequently Asked Question about Brain Cancer Misdiagnosis Claims
Does Brain Cancer Show Up On An MRI?
MRI (Magnetic resonance imaging) scans are effective to detect brain tumours. When there is a presence of brain tumour, it will almost always show up on an MRI. CT scans and biopsy are also used to detect the presence of brain cancer.
Do Brain Tumours Cause Headaches Every day?
Brain cancer does not always cause headaches. In fact, some brain tumours do not cause any headache at all. The brain is unable by itself to sense pain. Headaches will only arise when the tumour has become large enough to exert pressure and press on nerves or vessels.
What Is The Most Aggressive Brain Cancer?
While there are different types of brain trauma, glioblastoma is mostly recognized as the most aggressive primary brain cancer in adults.
Are Brain Tumours Always Cancer?
Actually, brain tumours are not always cancer. A brain tumour diagnosis is not always life threatening. Some tumours are benign and not malignant. The most common brain tumour which is the meningioma (accounting for 30% of brain tumour cases) is most often benign and depending on its presentation, you may not need surgery.
What Are The Final Stages Of Brain Cancer?
The symptoms of end-stage brain cancer include;
- Persistent headaches
- Loss of appetite
- Vision problems and sometimes loss of vision
- Agitation and delirium
- Laboured or difficulty in breathing
- Involuntary movements
- Loss of appetite
- Reduced bladder function
- Cooling of the skin
- Increase in pain