Brain Injury Compensation Claims

There are different ways that medical negligence can lead to brain injury and may make a person eligible for a medical negligence brain injury claim:

• Failing to correctly diagnose and treat acquired brain injuries such as stroke, sub-arachnoid haemorrhage, subdural haematoma
• Failing to diagnose and treat brain infections such as meningitis
• Failing to diagnose and treat brain tumours or cancer
• Making a mistake during brain surgery
• Failing to obtain consent for all procedures
• Making a mistake involving anaesthetic
• Mistakes leading to injury during a birth, eg starving a baby of oxygen or injuries to a baby’s head and brain due to negligent delivery
• Failing to prevent a subarachnoid haemorrhage

If you have sustained a brain injury which you believe was caused by medical negligence, our expert solicitors can consult with you to determine if you have the basis for a claim.

Our clients always come first. Please contact us if you have any questions or would like to discuss a potential claim.

Prompt treatment is especially important for brain injuries, and the compensation claims process can often take some time. In a case where liability has been admitted by the defendant, we can usually obtain partial payment early in the process for current medical care. These interim payments are available in these cases to help pay for:

• medical treatment
• rehabilitation
• adaptive equipment
• loss of earnings
• and other care.

Financial support is often needed as soon as possible by patients suffering from a brain injury, therefore these interim payments are important.

When you consult us about your claim, we will help you determine whether you may be eligible for interim payments.

The first step is to contact a solicitor experienced in complex medical negligence claims such as brain injury claims. This is especially important if you are seeking interim payments.

At Devonshires Claims, our experts will walk you through the claims process and keep you updated every step of the way.

Our solicitors pride themselves on providing honest, realistic advice from the very start. We avoid legal jargon and only use plain language.

When you choose us to represent you in your case, you will be receiving the benefit of our medical negligence expertise. We have experience in obtaining compensation for patients throughout the UK and we are confident we can do the same for you.

Many people hesitate to start a medical negligence claim because they are worried about fees.

At Devonshires Claims, we believe that victims of medical negligence should not have to worry about legal costs. Therefore, we utilise a Conditional Fee Agreement for most of our medical negligence claims. A Conditional Fee Agreement is commonly known as ‘no win no fee’ agreement and this means that you pay nothing unless you win your case*.

You may also be able to receive public funding from the Legal Aid Agency, which is available for certain types of cases, such as cerebral palsy and others. When you contact us, we’ll work with you to determine the best way to fund your claim based on the details of your case and your financial situation and needs.

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.

As with all medical negligence claims, there is generally a three year limit within which to make a compensation claim.

The three year limit applies from the date of negligence or the date on which you became aware of the negligent medical treatment.

There are a few exceptions to this three year limit. These include:

• Children – there is no time limit which in which to start your brain injury compensation claim. When the child turns 18 they have until their 21^st birthday within which to make a claim in their own right.
• Mental capacity – A child or adult without capacity to run a claim, may not  have a time limit within which to bring a claim.  We recommend that you contact Devonshires Claims if you have any queries involving those who lack capacity and our specialist solicitors will be able to assist.