Brain Tumour
Negligence Claims

Key points when claiming compensation for a brain tumour

• You can claim if your cancer was caused by exposure to a hazardous chemical at work, or in a public place.
• You can also claim if your brain tumour was misdiagnosed, or medical staff failed to provide the correct treatment, and the cancer then progressed or became harder to treat.
• Compensation can rise to £448,180 for a severe brain illness or injury.
• You have 3 years from the date you discovered the cause of your illness, or that you were the victim of negligence, to make a claim.
• You can start a claim with no win, no fee.
• Your compensation is based on how serious your injury is, along with your financial losses and expenses. Check our compensation calculator to see how much you could claim.
• Your compensation will also cover your ongoing care needs.

If an illness has set you back, we'll help you move forward

A brain tumour diagnosis can be devastating and may be linked to exposure to carcinogens or medical misdiagnosis. If there's a proven connection to negligent exposure or healthcare practices, patients or their families can claim compensation to support treatment and provide financial security.

You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

What are brain tumours?

A brain tumour is an abnormal growth of cells within the brain or the skull. They can be either benign (non-cancerous) or malignant (cancerous).

Benign tumours are typically slower-growing and less likely to spread, but can still cause significant health problems by pressing on sensitive brain tissue. Although benign brain tumours are not cancerous, they are still serious and may be life threatening.

Malignant brain tumours are more aggressive and can invade and destroy nearby brain tissue or spread to other parts of the body.

You are not alone

Although less common than many other cancers, information from the Office for National Statistics (ONS) shows there has been a steady increase in brain cancer incidence in the UK over the last 32 years - by 23% for men and 25% for women.

Around 20,000 people are diagnosed with a brain tumour every year in the UK (braintumourresearch.org).

More than 12,000 people are diagnosed with a primary brain tumour every year, including 500 children and young people (Sce. The Brain Tumour Charity).

If you decide to make a brain tumour claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

How much compensation can I claim for a brain tumour?

Your compensation for a brain tumour is influenced by:

• the seriousness of your illness,
• the restriction caused by your illness on your daily life and employment,
• any expenses or financial setbacks caused by your illness.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of earnings, including lost overtime, holiday pay, benefits and pension contributions, or any other out of pocket expenses.

Special damages may also be awarded for medical treatments or procedures that you might need to treat your ilness, including surgical removal, radiation therapy, chemotherapy and targeted therapy.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average brain tumour general damages compensation table

The following brain tumour payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Head & brain injuries

Claiming compensation for psychological injuries

If you have experienced psychological issues in addition to physical symptoms, you are not alone.

Our 2024 Personal Injury Claimant Survey found that 29.03% of claimants reported a psychological injury, with 70.97% of these relating to a physical injury.

A brain tumour diagnosis can lead to significant psychological distress and depression, affecting mental health and quality of life.

Although psychiatric injuries are less obvious than physical injuries and illness, mental health conditions can be no less debilitating.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

What are the symptoms of a brain tumour?

Brain tumour symptoms vary based on size, type, and location, and they can include severe headaches (often worse in the morning), seizures, persistent nausea, vomiting, drowsiness, mental or behavioural changes like memory issues or personality shifts, weakness or paralysis on one side, speech difficulties, and vision problems.

These symptoms result from the tumour exerting pressure on the brain or impairing brain function. Slow-growing tumours may initially cause no symptoms. Treatment options, including surgery, radiation, and chemotherapy, depend on the tumour's characteristics.

If you are looking for information on brain tumour symptoms and treatment, see: brain tumour (nhs.uk).

Who is most at risk of developing a brain tumour?

Despite substantial research, the causes of brain tumours are not well understood and so far links to major lifestyle or other risk factors have only been established in less than 1% of cases.

People of all ages (including children) may be affected. Risk increases with age, with most tumours affecting people over 50. Brain tumours associated with certain genetic conditions tend to develop in childhood or early adulthood.

Previous radiotherapy treatment to the head may increase the risk of a brain tumour developing later in life.

Although it is reported that the use of mobile phones may relate to higher risk of developing brain tumours, the evidence is unclear.

What should I do if I'm worried I have a brain tumour?

Anyone suspecting they may have a brain tumour should see his GP immediately. The GP should assess the patient before referring him to a specialist.

The specialist will conduct further tests to examine the nervous system for any abnormalities. These may include tests on:

• Hearing and vision
• Balance and co-ordination
• Mental agility such as simple arithmetic

These should be followed up with advanced scans - such as CT (computerised tomography), MRI (magnetic resonance imaging) and EEG (electroencephalogram).

If a tumour is found then a biopsy may be performed to remove tissue for analysis to establish the type of tumour and the best method to treat it.

For the best possible prognosis is it vital to treat a brain tumour as early as possible.

If you are looking for information on brain tumour symptoms and treatment, see: brain tumour (nhs.uk).

What happens if the tests are not conducted?

Where symptoms are ignored or dismissed as having another cause (such as migraine for instance), and tests not carried out, the tumour may be undiagnosed and therefore not treated.

Delays are particularly significant when dealing with benign tumours. The prognosis is improved when tumours are small and more easily removed. If a surgeon is only able to partially remove a more deep seated tumour, the remaining tissue may cause a recurrence.

An undetected benign tumour may become malignant and spread to damage other parts of the brain and spinal cord.

Can I claim for medical negligence for a brain tumour misdiagnosis?

Where a doctor has failed to investigate, diagnose (or misdiagnose) or correctly treat a brain tumour, the delay in treatment may cause undue suffering to a patient.

To bring a successful claim for clinical negligence it is necessary to show that the delay in diagnosis has resulted in a worse outcome.

Sometimes a patient may be incorrectly diagnosed with having a brain tumour, when his illness is something less severe. A claim for misdiagnosis may be brought where the patient has sustained the psychological stress of believing themselves to have cancer. There may also be financial losses incurred due to time off work for tests and treatment.

Brain tumour claim case study

Compensation of £6,000 was secured for a 21 year-old woman for GP delays in diagnosing and treating her brain tumour six years earlier.

Injury details

Suffering severe headaches and vomiting, a 15 year old girl (the claimant) attended her GP practice (the defendant) on six occasions. The GPs prescribed migraine medication.

Other possible causes were also explored. The claimant's tooth brace was removed and she was prescribed glasses but the symptoms remained.

Six months after first attending her GP, she began to suffer tremors in her left hand and an involuntary flutter in her eye.

The girl was referred to a consultant paediatrician. Before the appointment was received she collapsed. She was taken to hospital by ambulance. The diagnosis was a large brain tumour and hydrocephalus.

Emergency surgery was carried out to treat the tumour and ease the pressure on her brain. Following the surgery she remained in hospital for several months.

The surgery would likely have taken place at the same time in any event. The misdiagnosis led to symptoms that otherwise could have been controlled with steroids.

The claimant suffered severe headaches, vomiting, tremors in her left hand and fluttering of her eye. She was clumsy, unable to leave the house alone and found difficulty walking and speaking. Her personality was changed markedly.

Allegation

It was alleged that the defendants were negligent insofar as they failed refer her for a detailed specialist assessment despite her continued symptoms.

The failure to refer the claimant led to a delay in diagnosing her brain tumour.

During the period of misdiagnosis she suffered significant symptoms and her quality of life was detrimentally affected.

The defendant admitted they should have referred the claimant for specialist opinion but denied this had caused her symptoms.

Compensation settlement

Liability was not admitted but compensation agreed to be paid in full.

The matter did not proceed to a court hearing.

Compensation of £6,000 was accepted by way of an out of court settlement.

The £6,000 was attributed to pain, suffering and loss of amenity.

What affects the process when claiming for brain tumour?

The claims process depends on how your brain tumour developed. Click the icons below to learn more.

Work accidents Medical negligence Other accidents

Sources

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.