Medical treatment, especially surgery, carries risk. However mistakes associated with the diagnosis or treatment of a brain injury or condition could have particularly life-changing consequences for the patient and their family.
If you, a spouse, child, parent or other family member has sustained a brain injury due to the negligence of a NHS or private medical professional, you could be entitled to make a compensation claim. This compensation pay-out would reflect:
- The extent and nature of the injury
- Any financial losses, including medical expenses, loss of income and travel expenses.
- Future care and rehabilitation requirements. Complex situations, such as the misdiagnosis or late diagnosis of stroke could require long-term rehabilitation and your compensation should reflect this as well as home adaptations required such as wheelchair access. Negligence or mistakes made during childbirth could result in oxygen deprivation in babies. The lack of oxygen could lead to cerebral palsy, a broad term referring to motor and mobility issues resulting from the brain injuries sustained. Cerebral palsy will often require specialist care. At Devonshires Claims, we have obtained compensation for mothers and children affected by negligent care during and after childbirth.
Rehabilitation could require:
- Long-term care
- Occupational or physiotherapy
- Access to a specialist brain injury unit
- Access to specialist psychologists and speech and language therapists
- Mobility aids
- Home adaptation
The potential compensation available is published in the Judicial College Guidelines. Our medical negligence experts will calculate the potential compensation available to reflect your injuries, financial loss, medical and care requirements.
The table below provides a guide to the potential compensation awarded, however the final figure will be determined by the court.
| Injury Type | Description | Compensation Amount |
|---|---|---|
| Very Severe Brain Damage | Serious brain injury which limits the victim’s ability to acknowledge their surrounding environment. Very little or no language function, and the need for full-time care. | £247,280 – £354,260 |
| Moderately Severe Brain Damage | Injuries which leave the victim severely disabled and substantially dependent on others. There will be a need for constant care and other medical requirements. Disabilities may be physical or cognitive. | £192,090 – £247,280 |
| Moderate Brain Damage (I) | Applies if the injured party’s dependence on others is reduced compared to the brackets above. Includes cases in which there is moderate to severe damage to intellect, changes in personality, problems with sight, speech and other senses, and serious risk of epilepsy. | £131,620 – £192,090 |
| Moderate Brain Damage (II) | Includes cases in which there is moderate damage to intellect, and the possibility of returning to employment is either low or non-existent. Possible risk of suffering from epilepsy. | £79,530 – £131,620 |
| Moderate Brain Damage (III) | Includes cases in which concentration and memory are badly affected, and there is a reduced risk of epilepsy. Employment opportunities may be lower than before the injury, but there is little dependence on other people for help with day-to-day tasks. | £37,760 – £79,530 |
| Less Severe Brain Damage | Cases where a good recovery is made and the injured party can return to social and work environments. There may be some on-going issues, such as mood swings or concentration and memory problems. At the upper end of the bracket there will be a small risk of epilepsy. | £13,430 – £37,760 |
| Minor Brain or Head Injury | Covers minor injuries in which permanent brain damage is minimal, or non-existent. The final compensation payout will depend on time of recovery, severity of initial injury, on-going symptoms and the presence of headaches | £1,940 – £11,200 |
