Unlike in other parts of the body, both benign and malignant tumors** can be life threatening when found within the Central Nervous System (CNS). Abnormalities in the brain and spine block the entire body from functioning properly. As such, delayed diagnosis of tumors in the central nervous system puts patients at great risk, and patients may be eligible to sue medical staff if they are diagnosed late.
**Benign tumors are contained and can be removed surgically. Malignant tumors, on the other hand, spread to nearby organs.
Prior results do not guarantee a similar outcome.
While brain and spinal cord tumors share symptoms with other diseases, specific screening tests are available for doctors to identify them properly. Apart from misdiagnosis of test results, a doctor’s failure to prescribe necessary tests also constitutes medical malpractice.
According to the American Brain Tumor Association, about 90,000 individuals are diagnosed with primary brain tumors in the U.S. every year – 27.9% are malignant; 72.1% are benign. While incidents of brain tumors are higher in the older population, roughly 3,400 children (0 to 14 y.o.) and 12,800 adolescents (15 to 39 y.o) are diagnosed with brain tumors yearly.
Brain Tumors: Adults vs. Children
The causes of brain tumors in adults are not the same as those in children. Naturally, common cancers for these two groups vary as well – occurring in very distinguished areas. While adult brain tumors are heavily linked with lifestyle and environmental factors, brain tumors in children are caused by genetic abnormalities (a very small portion of which can be inherited from their parents).
Without other pre-existing health complications, children also respond to treatment relatively well when compared to adults. Special attention is also given to children/teens with brain tumors to mitigate possible long-term effects of treatment.
Brain Tumor Misdiagnosis
CNS tumors behave differently from most other tumors. While the latter metastasizes to other parts of the body, CNS tumors are typically contained within the brain and the spine. As stated earlier, even benign CNS tumors pose a great threat to affected individuals.
When staging brain tumors, doctors depart from the TNM system we are familiar with. Doctors instead use the CNS Tumor Classification System developed by the World Health Organization (WHO).
| Examples of WHO CNS tumor classifications: Diffuse astrocytoma, IDH-mutant, WHO grade IIAnaplastic oligodendroglioma, IDH-mutant and 1p/19q-codeleted, WHO grade IIIGlioblastoma, IDH-wildtype, WHO grade IVMeningioma, WHO grade I |
A recent study analyzing 2155 medical malpractice claims gives us an insight on how cancers are commonly misdiagnosed. Their key findings are provided below:
- 46% experienced missed cancer diagnoses from primary care doctors.
- 76% experienced errors in clinical judgment. Such clinical errors include:
- Failure or delay in ordering a diagnostic test (51% of cases)
- Failure or delay in obtaining a consultation or referral (37% of cases)
- Clinical errors were independently associated with higher severity patient harm.
- 85% of all missed cancer diagnoses were considered to be of high severity.
Why should healthcare providers be held accountable for medical malpractices? Because such preventable errors allow cancers to progress – making the disease more difficult to treat and effectively shortening the life expectancy of patients. Doctors should prescribe appropriate screening tests** as soon as brain tumor symptoms show.
If your doctor failed to order the appropriate screening tests, ordered them but did not interpret them correctly, or outright ignored your symptoms, leading to a delayed brain or spinal cord tumor diagnosis, you may be entitled to compensation for your injuries and other damages. Speak to an experienced cancer lawyer today, and know more about your legal options.
**Screening Tests for Adults || Screening Tests for Children
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Common Observable Symptoms
According to the American Society of Clinical Oncology, the earliest symptoms of brain tumors include:
- Headaches;
- Seizures;
- Changes in personality/memory;
- Nausea/vomiting;
- Fatigue;
- Drowsiness;
- Sleeping problems;
- Memory problems;
- Inability to walk/perform daily tasks.
Some specific symptoms may also arise depending on the location of the tumor. These include the following:
| Symptom | Area |
| Pressure/consistent headaches | Area with tumor |
| Loss of balance/motor Skills | Cerebellum |
| Loss of initiative, sluggishness, and muscle weakness | Cerebrum |
| Loss of vision (complete or partial) | Occipital lobe or Temporal lobe |
| Changes in speech, hearing, memory, or emotional state that may require evaluation or support, including speech therapy | Frontal lobe or Temporal lobe |
| Altered perception of touch or pressure | Frontal lobe or Parietal lobe |
| Inability to look upward | Pineal gland |
| Lactation and weird menstrual cycles (for females) | Pituitary |
| Difficulty swallowing, facial weakness/numbness, or double vision | Brain stem |
Early detection for patients with brain or spinal cord tumors is crucial for getting prompt treatment – improving outcomes and medical trajectories.
Types of Brain and Spinal Cord Tumors
The American Cancer Society has provided us with the most common brain and spinal cord tumors for adults and children. They are as follows:
Common CNS Tumors in Adults
- Gliomas – a broad category of brain tumors that originate from glial cells. They constitute approximately 33% of all brain tumors and are known for their rapid growth.
- Meningiomas – are tumors that arise from the meninges, the protective layers surrounding the brain and spinal cord. They represent about one-third of all primary tumors in the central nervous system.
- Medulloblastomas – are tumors that originate from primitive nerve cells called neuroectodermal cells, located in the cerebellum. These high-grade (grade IV) tumors grow quickly and frequently spread via the cerebrospinal fluid (CSF) pathways.
- Schwannomas (neurilemmomas) – are tumors that develop from Schwann cells, which are responsible for providing insulation and support to cranial and other nerves. They account for approximately 8% of all tumors in the central nervous system.
- Craniopharyngiomas – are slow-growing (grade I) tumors that originate in the region above the pituitary gland but below the brain. Due to their location, they can exert pressure on the pituitary gland and hypothalamus, leading to hormonal imbalances.
Common CNS Tumors in Children
- Gliomas – Approximately half of all brain and spinal cord tumors diagnosed in children are gliomas. There are five common subtypes of gliomas observed in the pediatric population.
- Embryonal tumors – These tumors originate from primitive nerve cells in the central nervous system and account for 10% to 20% of brain tumors in children. They are more prevalent in younger children and are known for their rapid growth and tendency to spread via the cerebrospinal fluid (CSF) pathways.
- Pineal tumors – Some tumors develop in the pineal gland, with pineoblastomas being the most common and fastest-growing type. Germ cell tumors can also arise in the pineal gland. Pineal tumors can be challenging to treat.
- Craniopharyngiomas – These slow-growing tumors originate above the pituitary gland but below the brain, accounting for approximately 4% of brain tumors in children. Due to their location, they can exert pressure on the pituitary gland and hypothalamus, causing hormonal imbalances.
- Schwannomas (neurilemmomas) – These typically benign tumors arise from Schwann cells, which provide insulation and support to cranial and other nerves. Schwannomas often develop near the cerebellum on the cranial nerve responsible for hearing and balance.
Do note that treatment options for adults vary from treatment options for children. In a study published in 2014**, it was found that the average medical spending for individuals affected by brain cancers was $138,767 every 6 months for holistic treatments.
**Studied 2272 adults with Malignant Gliomas – a more popular type of brain cancer
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Legal Implications and Compensation
If a patient suffers harm due to a cancer misdiagnosis or delayed diagnosis, their respective healthcare provider/s may be liable for damages. This can include medical expenses, lost wages, and emotional damages.
During the initial investigation, your legal counsel would try to identify the following:
| Duty of Care | Was there an appropriate doctor-patient relationship? |
| Breach of Duty | Did your doctor provide substandard care? |
| Causation | Did your doctor’s mistake/s directly cause you harm? |
| Damages and Liability | What did these medical malpractice/s cost you? |
According to the National Practitioner Data Bank, around 10,172 medical malpractice claims were filed in 2023. These reports were compensated with $325,798.27 on average. Do note, however, that this figure factors in even minor incidents of medical malpractice. For actual figures, please refer to actual results we’ve gotten in the past.
Speak to a Cancer Lawyer Today
We take pride in helping families rebuild from unfavorable circumstances. We stick by our clients until the end – our rapport extends even after gaining courtroom success or reaching a settlement that favors our client. If you have any questions regarding cancer misdiagnosis, please reach out for a no-obligation, free consultation.
You may also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment. If you are looking to pursue further legal action, we operate on a contingency basis – meaning you don’t have to pay anything unless we win.
