Brain Cancer Misdiagnosis – £350,000 Payout Case Study
Following medical negligence, Thomas was awarded £350,000 in brain cancer misdiagnosis compensation.
Thomas contacted his GP after suffering migraines, causing severe pain for a number of weeks. During his consultation, his GP diagnosed Thomas with migraines. When the migraines became worse, Thomas returned to his GP who then referred him to a specialist neurologist for further testing. He was informed that he would be contacted about this referral appointment, but after 3 months, he had still not received any further information. After following up with his GP, the referral was made, but delayed.
A week before his appointment was scheduled, Thomas suffered a seizure, causing bleeding and bruising. The neurologist ordered a CT scan after hearing the symptoms that Thomas had been experiencing, and confirmed a benign tumour.
How Did Medical Negligence Cause Thomas’ Brain Cancer To Be Misdiagnosed?
Following the diagnosis of a benign tumour, Thomas asked if a biopsy could be carried out. The neurologists treating Thomas advised that their findings from the CT scan meant he wasn’t going to be biopsied.
Thomas then, in the weeks following this, experienced increased seizures and debilitating migraines, and decided to contact the GP with his worsening symptoms. He was again referred to neurologists, who then performed a biopsy.
Unfortunately, Thomas’ brain cancer misdiagnosis was caused as a result of the medical professionals breaching their duty of care, causing avoidable and unnecessary harm. All patients are owed a duty of care by healthcare professionals to receive treatment that reaches the minimum standard expected of them.
When the neurologist failed to biopsy Thomas despite the mass on his CT scan, causing further delay to a correct diagnosis, their actions fell below the expected standard of care, leading to a misdiagnosis of brain cancer.
If you’d like to explore how negligence might’ve caused the harm you suffered, or if you have any questions about the claims process itself, you can speak to our advisors today. Our advisors are on hand to offer advice completely free of charge.
Who Was Liable For Thomas’ Misdiagnosed Brain Cancer?
Even though the neurogist was liable for the harm Thomas suffered, his claim was made against NHS Resolution. This is an arms-length body of the Department of Health and Social Care in the UK that acts as an insurer to the NHS. They also provide resolution for clinical negligence claims made against the NHS.
Thomas’s £350,000 payout was paid out as a lump sum, with £344,150 representing general damages for the pain and suffering he experienced and £5,850 representing special damages for money lost due to the misdiagnosis.
Despite this, all claims are valued and calculated on a case-by-case basis. If you’d like tailored advice about how much brain cancer misdiagnosis compensation you might be entitled to, please don’t hesitate to contact our advisors today. They can discuss the factors which might affect how much compensation you could receive.
How Was Thomas’ Brain Cancer Misdiagnosis Compensation Determined?
Thomas’ £350,000 brain cancer misdiagnosis compensation was determined by considering two different types of head of claim: general and special damages. Thomas’ general damages are a head of loss concerned with the physical and psychological impacts of the harm he suffered; this can take into account the pain, suffering and any effect on his quality of life.
When this type of damage is being calculated, solicitors might make reference to the Judicial College Guidelines. This document lays out compensation brackets for various types of injury and can be used as a framework to help determine brain cancer compensation.
However, Thomas’ special damages were calculated by considering the financial implications caused by the harm he suffered; this took into account the lost earnings he experienced from being out of work.
As well as this, the special damages incorporated the costs of travel to and from appointments, and childcare costs that Thomas now had to pay as he was unable to care for his children. Thomas also suffered psychological harm necessitating psychotherapy, and these costs formed part of the special damages.
To learn more about how compensation might be determined, contact our advisors today. They are friendly, knowledgeable and on hand to discuss any questions you may have.
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We have created this case study for illustrative purposes only. Thank you for reading. Please speak with an advisor if you have any questions.
