Brain Tumour Claims
Brain tumours can be very serious with the potential to result in lifelong consequences or even death, especially if the correct medical treatment is not given quickly and effectively.
We act for adults and children who have suffered brain injuries as a result of negligence in the diagnosis and treatment of their brain tumours.
If you believe that a brain tumour you or a loved one had was treated negligently by doctors and other medical professionals, you may have grounds to claim compensation. While making a medical negligence claim can be complicated, with the right legal advice and support a fair outcome is achievable.
Wolferstans’ medical negligence solicitors have extensive experience in brain tumour negligence claims, with a strong track record of success resulting in millions of pounds in compensation for our clients. With the benefit of that experience, combined with our skilled advocacy, we can ensure no detail is missed, allowing us to build an exceptionally strong case in support of your claim.
We work with the majority of our clients on a no win, no fee basis, meaning there is usually no financial risk to you in starting a claim. We also have particular expertise in non-confrontational dispute resolution, meaning claims can typically be resolved outside of a court hearing, getting you a positive result faster and at lower cost.
Our experience means we can provide a highly accurate assessment of how much your claim is likely to be worth. This is essential to ensure you do not make the mistake of settling for less than you might be entitled to – something which is often a risk with less experienced firms.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
To arrange your consultation please contact the new client team on 01752 648888.
Our brain tumour claims service
Our medical negligence solicitors guide clients all over England and Wales through the process of making medical negligence claims related to brain tumours, including those involving:
- Misdiagnosis of a brain tumour
- Late diagnosis of brain tumours
- Errors during brain surgery to remove a brain tumour
- Post-surgical infections
- Negligent aftercare following brain surgery
- Failure to provide appropriate follow-up treatment after brain surgery
Read about some of the cases we have successfully pursued in relation to brain tumour negligence claims.
How brain tumour compensation claims work
With the expert support and guidance of our clinical negligence lawyers, we can make navigating the process involved in a brain tumour claim as straightforward as possible.
A typical claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
- Find out more about the process of making a clinical medical negligence claim.
Funding a brain tumour compensation claim
When you need to make a medical negligence claim, we don’t want you to worry about how that claim will be funded. If we consider that you have grounds for a claim with a realistic prospect of success, we will find a funding option to match your situation.
With a ‘no win, no fee’ brain tumour claim, you do not need to contribute anything towards legal fees or expenses to start a claim. In fact, you will only need to pay towards your legal costs if your claim is successful, with the amount you will pay being based on a percentage of any compensation we secure for you. This is also known as a ‘conditional fee agreement’.
Some people prefer to fund their claim using legal expenses insurance, which is frequently offered as an optional extra with home insurance, as well as some bank accounts and credit cards. If you have this type of cover, we will be happy to discuss this option with you.
To find out more about your options for covering the cost of a brain tumour negligence claim, please don’t hesitate to get in touch.
Find out more about funding a medical negligence claim.
Our expertise in brain tumour compensation claims
Over the years, we have secured millions of pounds in brain tumour negligence compensation for our clients. We have the experience and expertise to ensure your claim is handled correctly, so you have the strongest possible chance of achieving a fair outcome.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Wolferstans is also accredited by Headway (National Head Injury Association), BIG (Brain Injury Group) and UK ABIF (UK Acquired Brain Injury Forum) further recognising our specialist knowledge and skill in handling head and brain injury claims.
Common questions about brain tumour claims
It is important to be aware that there are strict time limits for bringing any type of medical negligence claim. The exact time limit will depend on the circumstances and is not always obvious to non-experts, so it is always worth speaking to a specialist medical negligence lawyer no matter how much time has passed.
The most commonly applied time limit for bringing a claim is 3 years from when the negligence occurred. However, if you only became aware later that medical negligence may have occurred (e.g. when examined by another doctor) the 3-year time limit may be counted from this point instead.
If you need to bring a claim on behalf of someone under the age of 18, you will have until their 18th birthday to do so. If no claim is brought by the time they turn 18, they will than have a further 3 years to bring a claim themselves.
If someone has been left without the capacity to bring a claim for themselves, there is no time limit for someone else to do so on their behalf.
If medical negligence related to a brain tumour has resulted in the death of a loved one, the normal 3-year time limit will apply. However, if they died during that 3-year period, the representative of their estate will usually have a further 3 years from the time of death to bring a claim.
The four main factors in deciding how much compensation you may be entitled to for negligent treatment of a brain tumour are:
- What impact the negligence has had on your/your loved one’s health.
- What affect this has had on your/your loved one’s lifestyle.
- Any specific costs incurred as a result of the negligence e.g. paying for treatment, special equipment etc.
- Any future losses or expenses which may be incurred as a result of the negligence e.g. paying for care and therapies, loss of earnings, etc.
There are normally two types of damages you may be entitled to for medical negligence:
Special damages – For specific financial losses incurred up to the date of settlement as a result of your injuries.
General damages – For non-financial losses such as pain and suffering and changes to your lifestyle, as well as likely financial losses and expenses you expect to incur in the future as a result of the injuries sustained.
It is also worth bearing in mind that the actual level of compensation you receive is likely to be highly dependent on the experience and skill of your legal team. This is why is it strongly recommended to work with medical negligence lawyers with specific experience in brain tumour compensation claims.
In many cases compensation will not be paid until the end of the case, when a settlement has been reached or damages have been awarded by the Court.
Brain tumour claims often taken some time to conclude, so wherever possible, we actively seek to secure an interim payment of damages from the Defendant, on account of the compensation expected to be paid at the end of the case. This is usually only possible after the Defendant has admitted responsibility for causing a brain injury due to negligent treatment of a brain tumour.
Interim payments enable funds to be available, at an earlier time, to provide the care and support which the injured person requires, as well as the purchase of appropriate aids and equipment, transport and accommodation. Where the injured person has suffered a severe brain injury, we will arrange for the appointment of a Brain Injury Case Manager, who will liaise with you and us to identify exactly what is needed and then co-ordinate everything for you.
In the vast majority of cases a brain tumour negligence claim will be resolved outside of a court through alternative dispute resolution (ADR) methods such as mediation or independent evaluation. This saves you time and money, as well as allowing you to avoid the stress of dealing with a court hearing.
However, in those cases where court action is required to achieve a fair outcome, we have the experience to ensure no detail is missed and that your case is presented in the strongest way possible, while keeping the process as easy as we can for you.
Further information about brain tumour negligence claims
For more information about brain tumour compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.
Start a brain tumour compensation claim with us today
To arrange a free initial no obligation consultation and find out more about starting a brain tumour claim:
To arrange your consultation please contact the new client team on 01752 648888.