We pursued a delayed diagnosis compensation claim for Frank whose brain tumour wasn't diagnosed for two months, and instead he was told he was suffering with a migraine.
In April 1995, Frank contacted his GP following several episodes over the previous year of severe headaches accompanied by loss of or muddled speech. His GP referred him to a neurologist.
In view of the waiting time on the NHS, and the fact that Frank had a further attack whilst waiting for an appointment, he decided to see a neurologist privately and contacted Dr Jackson.
Frank was seen by Dr Jackson on 19 May 1995. He described his past medical history (a brain tumour in 1974 for which he had had radiotherapy and a permanent shunt inserted) and the onset of his current symptoms. After a brief examination, Dr Jackson told Frank it was a migraine and arranged to see him in his NHS clinic on 3 July 1995.
In the meantime, Frank’s condition deteriorated. Dr Jackson confirmed the migraine diagnosis when he was examined him on 3 July. He suggested review in a further 3 months time and that a CT scan be performed a week before that review appointment.
Frank's wife was unhappy with this diagnosis and instead arranged for a CT scan to be performed on the NHS on 20 July 1995. The scan showed that Frank had a benign brain tumour.
Frank had successful surgery to remove the tumour at the Royal London Hospital on 11 August 1995 and has since made a full recovery.
Proceedings were issued against Dr Jackson for failing to arrange an urgent CT scan at the first appointment on 19 May 1995 on the basis of the history and symptoms. The claim was for damages for the pain, suffering and loss of earnings during the two month period in which the tumour had been allowed to grow.
Dr Jackson strongly denied liability. Evidence was exchanged and the trial fixed for 3 June 1998. Very shortly before trial, the defendant entered into settlement negotiations and on 29 May 1998 Frank accepted £6,000 compensation for the delay in diagnosing his brain tumour.
- You can speak to any member of our Medical Negligence team on freephone 0800 358 3848
- e-Mail us at firstname.lastname@example.org or,
- Complete our short enquiry form.
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
Arti Shah highlights Cervical Screening Awareness Week with a device that could make testing more comfortable
Scientists at Duke University, North Carolina have developed a new device that will hopefully make smear tests less uncomfortable for women, cheaper and more readily available.
The psychology behind admitting a fatal mistake
Researchers at the University of Pennsylvania School of Medicine believe that better training in the social psychology behind how we're affected by making mistakes can help doctors to be more open when things go wrong.
Fixed costs: The end of patient justice
A letter from the Action against Medical Accidents (AvMA), the charity for patient safety and justice, published in the Telegraph this week, asked the Health Secretary to reconsider proposals concerning fixed costs in clinical negligence claims.
Fieldfisher hosts successful conference for practitioners working with people suffering catastrophic neurological injury