If you or a loved one has sustained a brain injury or brain damage due to negligence/mistakes made by a GP, nurse, consultant, surgeon, anaesthetist or other medical professional, you could be entitled to making brain injury compensation claims.
The symptoms of a brain injury could range from mild and temporary issues such as headaches, memory issues, nausea and confusion to serious physical, cognitive and behavioural disabilities. This complexity could be a reason why some medical professionals make mistakes in recognising or diagnosing a potential brain condition.
The types of medical negligence or errors associated with a brain injury could include:
- Mistakes made in diagnosing a brain injury or condition eg. brain tumours or cancer, strokes, haemorrhages (bleeding on the brain), sub-arachnoid haematomas, aneurysm, meningitis
- Failure to investigate a head injury or other traumatic brain injury eg. skull fractures, blow or trauma to the head.
- Mistakes made during brain surgery or other related treatment
- Failing to refer a patient for specialist tests or procedures
- Mistakes made before, during or after childbirth leading to brain damage to a baby
- Mistakes made in administering anaesthesia
At Devonshires Claims, our medical negligence solicitors have years of experience in obtaining justice and compensation for patients throughout the UK. Our experts work hard to secure the maximum compensation for our clients which reflects their injury, pain and suffering, financial losses and future treatment, care and rehabilitation requirements.
We provide a free no-obligation case evaluation, and if we believe that your case has a good chance of success, we will support you with a ‘No Win No Fee’ agreement. This means there are no upfront costs to start your medical negligence claim and if your case is not successful you will not have costs to pay*. If your claim is successful, most of the fees are covered by your opponent**.
Contact us today to learn more about making a brain injury claim and the potential amount of compensation available. If you’re unable to visit us in person, we will consult with you over the phone or make other arrangements as necessary.
Brain Injury FAQs
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
- 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 21st 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.
Why choose our experts to represent you?
Because brain injury is a complex area, it is important to work with claims specialists who understand the complex medical and legal issues involved. Our medical negligence experts are members of:
As well as securing the maximum compensation for your brain injury, our claims service offers you:
- A free case evaluation and advice on the potential compensation available
- A designated solicitor who will be with at every stage of your negligence claim and keep you informed through regular contact.
- A no win no fee agreement
- Access to a network of medical experts and specialist barristers
Our claims service consistently delivers great results for our clients. To start your free case evaluation contact our experienced medical negligence lawyers today on 0333 900 8787, email email@example.com or complete our online form.