In October 2015 our client attended the A&E department after losing consciousness, a CT scan of his head was performed, and a slow growing brain tumour was diagnosed. Our client was referred for a follow up MRI scan.
In December, our client was admitted to hospital having a suffered a tonic clonic seizure, an MRI scan was performed the next day and a mid-grade primary brain tumour (oligodendroglioma) was diagnosed. Our client was referred to the tumour clinic the following week for a review and to discuss surgical options.
During this clinic, it was noted that our client was a fit and well 77-year old. During this appointment, our client was advised by the surgeon that surgery was necessary as the tumour was highly cancerous and aggressive. Previous indications that the tumour was slow growing were dismissed by the surgeon and our client was reassured that there were no risks of stroke or haemorrhage associated with the surgery.
A further pre-operative MRI scan was performed on our client and it was noted that the tumour was slow growing and not an “aggressive, highly cancerous tumour.”
Surgery to remove the tumour was performed on the 15th January 2016 and during recovery, our client suffered a post-operative stroke which resulted in him being paralysed down his right-hand side.
A histology report following the removal of the tumour, confirmed that the tumour was in fact, slow growing, with no high-grade features.
Due to the slow growing nature of the tumour, and the age of the client, alternative treatments should have been discussed. The surgeon failed to discuss any alternative treatment plans and the risks and benefits associated with them, with our client. After misdiagnosing the tumour as highly aggressive and cancerous, the surgeon led our client to belief that surgery was the only option without detailing the risks involved.
As a result of the surgery, our client is now fully dependent on carers, has limited ability to communicate, limited mobility and is wheelchair dependent.
The case settled for over £570,000.00.
Oligodendrogliomas are primary brain tumours and are more common in adults, particularly in people aged 40-60.
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