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.