Settlement reached after misdiagnosis of brain tumour leads to patient’s death

Lauren Hall, a Partner in our Clinical Negligence Team at Hay & Kilner, has acted on behalf of the Estate of a patient who passed away following misdiagnosis and negligent treatment of his brain tumour.

The patient attended his GP Surgery complaining of headaches, tingling in his arm, and difficulty speaking. He was referred to hospital for an urgent scan. An MRI scan of the head was carried out which identified a large tumour, and the patient underwent a craniotomy, with samples being sent to histology for testing.

The report of the tissue sample diagnosed a Glioblastoma and he began treatment involving radiotherapy and Temozolomide chemotherapy. Further surgery to remove all the tumour was not recommended.

Several months into his treatment, the patient reported new symptoms of a change in feeling in his right hand, felt he was processing information slower, and had experienced a seizure after exercising. A further MRI showed tumour progression. The patient underwent a second craniotomy in attempt to decompress the tumour. The tissue was sent again for testing.

This time, the tissue samples diagnosed an Anaplastic Ependymoma, not Glioblastoma. It was explained to the patient that the original diagnosis and treatment plan had been wrong. He would need a third surgery to remove as much of the tumour as possible.

Sadly, some months later, an MRI scan showed that the cancer had returned and a further 6 brain tumours were found. He began further chemotherapy.

Six weeks after starting the treatment, the patient underwent an MRI scan. He was informed that the chemotherapy was not working and there were additional tumours. The patient sadly passed away a month later.

Lauren was initially instructed by the patient to investigate his potential medical negligence claim. Whilst the Defendant admitted the breach of duty, i.e. the wrong diagnosis, they denied that the outcome would have been different for the patient. After his death, the claim was brought by his family.

Expert evidence was obtained from a Consultant Neurological Surgeon and a Professor of Paediatric Neuro-Oncology. A detailed Letter of Claim was served on the Defendant identifying numerous failings in the patient’s treatment stemming from the misdiagnosis, particularly the failure to remove all of the tumour at the earliest opportunity and follow the appropriate treatment protocol for Anaplastic Ependymoma. It was argued that had the patient received the correct treatment for Anaplastic Ependymoma, he would have survived.

Following receipt of the Claimant’s detailed allegations, the Defendant continued to deny liability. Proceedings were issued at Court and served on the Defendant. Following this, the Defendant entered into negotiations and a financial settlement was reached on behalf of the patient’s Estate.

Lauren also arranged for the patient’s family to meet with clinicians at the Trust to discuss the changes in protocol which had taken place as a result of the misdiagnosis. The patient’s mother felt this was a healing experience for her, and commented “it was difficult and hugely emotional but the Doctor was open, honest and genuine. Thank you so much for your help in setting this up. Nothing will bring my son back, but your support over the last few years has meant so much”.

For more information or how we could help you or your family, please contact Lauren or a member of our Clinical Negligence Team.