Brain Tumour Claims

A delay in diagnosing any medical condition can have severe consequences for patients. In the case of a tumour, this is all the more true, especially if it affects the brain.

Misdiagnosis of a brain tumour can be devastating for patients and their families. It can have a profound emotional impact and significantly affect recovery, your quality of life and life expectancy. If you have suffered due to medical negligence, you could be able to make a claim.

An experienced solicitor can let you know whether you have a valid brain tumour claim during a free consultation over the phone. You can arrange this by calling on 0800 470 0474 today or requesting a call back, with no obligation to proceed.

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Table of Contents

• What is a brain tumour?
• Can I make a brain tumour misdiagnosis claim?
• Common symptoms of a brain tumour
• Factors that could contribute to a misdiagnosed brain tumour
• Potential consequences of delayed diagnosis of a brain tumour
• Can I claim brain tumour compensation from the NHS?
• Can I make a compensation claim against my GP?
• Frequently asked questions:
• Is there a time limit to start a brain tumour claim?
• How much could I receive if my condition was misdiagnosed?
• Will a solicitor help me claim on a No Win No Fee basis?

What is a brain tumour?

A brain tumour is an abnormal growth or mass of cells in the brain. They develop when normal cells in the brain begin to divide and grow uncontrollably. There are two main types of brain tumours:

• Non-cancerous or benign tumours are low-grade. They grow slowly, do not spread and are less likely to return after treatment.
• Cancerous tumours are high-grade and can spread rapidly to other parts of the brain or body. They are more likely to grow back after treatment. These can either start in the brain (primary tumours) or spread here from other body parts (secondary tumours).

Tumours can vary in size, location, and aggressiveness. Some may grow slowly and not show any signs for a long time. Others can multiply rapidly and cause symptoms relatively quickly. In the UK, more than 12,000 are diagnosed with a primary tumour each year, of which around half are cancerous. Many others are diagnosed with secondary tumours. They can affect individuals of any age but are more common in older adults.

Can I make a brain tumour misdiagnosis claim?

All healthcare professionals have a legal duty towards their patients. This duty of care requires them to act in the best interests of their patients and provide a certain standard of care. This duty is automatically assumed when you seek treatment.

If the care you received fell below an acceptable standard, your doctor breached their duty towards you. That means they have acted like no responsible professional would have under the same circumstances.

To have a valid claim for medical negligence compensation, you must prove that:

• Your doctor provided negligent care
• You ended up worse off or suffered an injury due to their negligence

Your solicitor will consult with medical experts to prove this. You also need to provide evidence of the damages you have suffered as a result. These can include physical harm, emotional distress, financial losses, and other consequences.

To find out if you could start a brain tumour misdiagnosis claim, call 0800 470 0474 today to speak to a specialist legal adviser. They will answer all your questions and support you throughout the claims process.

Common symptoms of a brain tumour

Brain tumour symptoms can vary depending on its type, size, and location. Some general signs and symptoms include:

• Frequent, severe headaches that may worsen in the morning or with activity
• Unexplained seizures, especially in adults
• Memory problems, confusion, difficulty concentrating, or changes in mental function
• Vision changes, such as blurred or double vision or loss of peripheral vision
• Nausea and vomiting that happen especially in the morning and are not related to other causes
• Personality or mood changes like irritability, depression, or mood swings
• Speech difficulties, such as slurred speech or difficulty finding the right words
• Tingling, weakness or numbness in the limbs or face and other changes in sensation
• Extreme tiredness that is not relieved by rest
• Issues with walking and balance

You should see your GP immediately if you experience any of the above signs and symptoms. They may refer you to a specialist for further testing, such as:

• A neurological exam to check your vision, hearing, balance and mental agility
• Scans such as a CT or MRI to get detailed images of the brain and assess the size and location of a tumour
• Blood tests to check for specific markers that could suggest the presence of a tumour
• A spinal tap, where fluid is removed from the spine to test the fluid that circulates the brain and spinal cord for cancer cells
• A biopsy, where a small sample of brain tissue is examined to see if the cells are cancerous or not

If you are diagnosed with a brain tumour, treatment may depend on factors such as the type, location, size, and grade of the tumour and your overall health. The primary approaches include surgery, radiation therapy and chemotherapy. The sooner you begin treatment, the greater your chances of recovery.

Factors that could contribute to a misdiagnosed brain tumour

In the case of cancer, the earlier a tumour is found, the better the chances of a successful outcome. Delays in diagnosis and treatment can lead to reduced quality of life and may even be fatal, where otherwise the patient could have recovered. Personal injury solicitors have managed to secure brain damage compensation for patients who have suffered due to:

• Failures by GPs to identify symptoms of brain cancer, such as severe and persistent headaches, balance issues or seizures
• Misreading or incorrect interpretation of test results by radiologists, such as MRIs or CT scans
• Delayed referral of a patient with concerning symptoms to a specialist
• Mistakes during surgery, such as incomplete tumour removal or damage to healthy brain tissue, resulting in complications
• Delays in starting treatments due to miscommunication or administrative errors
• Errors in prescribing, dosing, or administering medications
• Failure to discuss treatment options, risks and alternatives with the patient and obtain informed consent
• Missed complications due to a failure to schedule check-ups and monitor your condition
• Inadequate follow-up care after treatment to monitor the progress of the tumour and address any side effects
• Overly aggressive treatment approaches
• Diagnosing a malignant tumour as benign or vice versa
• Misinterpreting the stage or actual location of the brain cancer

Any of these and other medical negligence examples we have not listed here can lead to a successful claim for brain tumour compensation.

Potential consequences of delayed diagnosis of a brain tumour

Early diagnosis of brain cancer is essential to improve your chances of recovery. Any delay can affect the outcome in brain tumour patients and lead to consequences such as:

• The tumour may grow and spread to other areas of the brain or parts of the body;
• It may limit the available treatment options. More advanced tumours may not be operable or may not respond as well to treatments like surgery or radiation therapy;
• It may lead to worsening symptoms like headaches, seizures, reduced mobility, paralysis and loss of senses;
• It may result in a worse prognosis, reducing life expectancy and the chances of long-term survival;
• The tension and anxiety associated with an undiagnosed medical condition can cause mental and emotional distress to patients and their families;
• It can lead to more financial expenses, including the costs of more extensive treatments and loss of income;
• When left undiagnosed, the symptoms can affect your ability to work, perform daily activities, and maintain relationships, leading to decreased quality of life.

If you suffered avoidable pain, suffering and financial expenses due to a misdiagnosis, a personal injury lawyer could help you start a brain tumour claim.

Can I claim brain tumour compensation from the NHS?

The National Health Service (NHS) is the publicly funded healthcare system in the UK. Their services are universal and free of charge, and their staff usually hold a high standard of care. However, their services can occasionally fall below the acceptable standard. Negligent medical treatment from the NHS can lead to a brain tumour compensation claim.

All clinical negligence claims against the National Health Service are dealt with by NHS Resolution, which acts similarly to any other insurance company. Every year, the NHS Trusts pay an insurance premium covering any personal injury claim against them. If you are entitled to compensation, your settlement will be paid by NHS Resolution. Therefore, you should be reassured that your claim will not affect the funds allocated for patient care.

Can I make a compensation claim against my GP?

A delay in diagnosing a brain tumour can have devastating consequences. Therefore, your GP must be able to recognise the symptoms of brain cancer and promptly refer you to a specialist visit. If their actions or failures to act have directly caused harm or delayed your diagnosis and treatment, you could start a claim for medical negligence.

GPs are expected to have a broad medical knowledge and be able to provide an accurate diagnosis, treatment or specialist referral. They should recognise the severity of a condition and the need for further investigations. If they have failed in this duty of care and caused an unnecessary delay in brain tumour diagnosis, you may be eligible for compensation. If you make a successful claim, their insurer will pay your settlement, while your GP will not be left out of pocket.

Frequently asked questions:

If you want to make a medical negligence claim, we have answered some of the most common questions we receive from claimants. The solicitors we work with are ready to give you more advice and support. If you would like a free consultation about making a brain tumour claim, please call 0800 470 0474 today or use our online claim form to request a call back.

Is there a time limit to start a brain tumour claim?

The Limitation Act 1980 allows you three years to start a brain tumour compensation claim. This period will begin from the date you became aware of the medical negligence, known as the date of knowledge. There are a few exceptions to this rule:

• For a child, the three-year time frame only begins on their 18th birthday. A parent or legal guardian could claim on their behalf before they turn 18.
• The time limit is put on hold if the claimant is incapacitated and unable to initiate legal proceedings. A family member or another person acting as a litigation friend could claim on their behalf anytime.
• If a loved one has passed away due to a negligent diagnosis of brain cancer, you have three years to start a claim from the date of death.

How much could I receive if my condition was misdiagnosed?

If a healthcare professional has failed to diagnose your condition and you make a successful claim, the amount of brain tumour compensation you receive depends on two types of damages:

General damages include compensation for the physical and emotional pain you suffered due to the clinical negligence. The severity of your pain, prognosis, and impact on your quality of life will influence the amount awarded.

Special damages consider the financial losses incurred, such as loss of earnings, private treatment, travel expenses and cost of ongoing care. These are based on evidence such as payslips, bank statements and receipts.

After discussing your case during a free assessment, a specialist medical negligence solicitor can let you know how much you may be entitled to receive.

Will a solicitor help me claim on a No Win No Fee basis?

If you have a valid case, medical negligence solicitors can help you claim compensation on a no win no fee* basis. That means you can get legal representation without paying anything upfront. Furthermore, there will be nothing to pay if your case fails.

Under a no win no fee agreement, your solicitor only receives a success fee if they secure compensation for the misdiagnosis or delayed diagnosis. This fee can be a maximum of 25% of your general damages and past financial losses and is agreed from the beginning.

Your arrangement also includes an After the Event (ATE) insurance policy covering all the costs incurred during the claim, including the defendant’s. If you lose, you will not have to pay anything to your lawyer or for legal expenses.

If you want to find out if you can start a no win no fee claim for compensation, you can get in touch with one of the claims specialists we work with by calling free on 0800 470 0474. Alternatively, please use our online claim form to request a call back.

Last edited on 22nd Jul 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.