Our client, a man in his late 30s, began to suffer from severe headaches during the Covid-19 lockdown. He contacted his GP, who diagnosed him with high blood pressure and stress. Even though his blood pressure readings were normal, he was prescribed medication for hypertension.
Over the following year, every doctor he saw accepted that diagnosis. His continuing headaches were put down to stress and high blood pressure. When his family noticed worrying changes in his personality and behaviour, they raised concerns — but he still wasn’t referred for further tests.
More than a year later, a brain scan finally revealed a large tumour. The tumour had been growing all that time, causing swelling and permanent damage to his brain. The tumour was successfully removed, but sadly, the damage could not be reversed.
Medical experts later confirmed that if the tumour had been found sooner, much of the brain damage could have been avoided.
Our team submitted a medical negligence claim to the NHS. We argued that doctors had failed to investigate our client’s symptoms properly, which led to an avoidable delay in diagnosis and treatment.
The NHS initially denied responsibility, saying the brain damage would have happened anyway.
We obtained expert medical evidence that showed this was not the case. The experts confirmed that, while some damage was inevitable because of the tumour, the delay in diagnosis had allowed it to grow and cause significant extra damage.
After reviewing the evidence, the NHS accepted that the delay had made our client’s injury worse and agreed to pay compensation for the additional harm he suffered.
A key legal issue in this case was how to assess the injury.
In English law, there are two main types of injury:
Divisible injuries – where the damage can be split between different causes or time periods. For example, if someone’s hearing gets worse over several years working for different employers, each employer can be held responsible for their share.
Indivisible injuries – where the harm can’t be divided, such as brain damage or paralysis. Once it happens, it’s impossible to say which part was caused by which event.
Our client’s brain injury was medically considered indivisible because it affected one organ and could not be separated into different parts.
However, our expert was able to take a practical approach to work out how much of the overall damage was avoidable. They reviewed the full period when our client had symptoms, month by month, and identified when the tumour should have been found if proper investigations had been carried out.
By analysing the medical evidence and rate of progression, the expert estimated what percentage of the total brain damage had occurred after that missed opportunity. This allowed us to show clearly how much worse the injury had become due to the delay — and claim compensation for that part.
Although the injury was still classed as indivisible, this approach helped ensure our client was fairly compensated for the avoidable, additional harm caused by the delay in diagnosis.
The case settled successfully, and our client received a significant sum of compensation. This covered the effects of the additional brain damage, the impact on his day-to-day life, and the cost of future care and support.
This case highlights the importance of:
Listening to patients and taking ongoing symptoms seriously.
Seeking a second opinion when symptoms don’t improve as expected.
Using expert medical evidence to identify avoidable harm, even when an injury can’t easily be divided.
If you or someone you love has experienced a delay in diagnosis or misdiagnosis, you’re not alone — and you may be entitled to compensation.
Our specialist medical negligence solicitors have helped many families recover compensation for delayed cancer and brain tumour diagnoses. We’ll handle your claim with compassion, sensitivity, and expertise, keeping you informed every step of the way.
Get in touch today for a free, confidential consultation. We’ll listen to your story and help you understand your options.
Call: 01429 225200