A guide to claiming compensation for a brain injury due to medical negligence.
A guide to claiming compensation for a brain injury due to medical negligence.
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E.Swaffield
Loughborough
Poor medical treatment can lead to devastating consequences.
Search for more specific brain injury types that have affected you.
Brain damage is perhaps the single most devastating injury that a person can suffer and one that will likely have a long-term impact on all areas of the victim’s life. Suffering a brain injury as a result of medical negligence is surely especially harrowing. Negligent or inadequate medical care can result in brain injuries, for example, children have suffered injuries at birth, occasionally leading to the development of cerebral palsy. Delays in diagnosing and treating brain injuries have resulted in permanent brain damage, as has negligent care of patients under anaesthetic.
Brain injuries can be caused by traumatic or non-traumatic circumstances. A traumatic brain injury occurs due to the impact of an external force which can sometimes penetrate a specific part of the brain and can also involve damage to the scalp and skull.
Read moreThe most common non-traumatic causes are:
These are just a few of the many examples of potential brain injury claims, so it’s a good idea to talk to Your Legal Friend as soon as possible, even if you’re not sure whether a brain injury sustained by yourself or a loved one could actually merit a claim. We have years of experience working on medical negligence cases, many of which have involved instances of brain injury. From a legal point of view, we know how complicated these cases can be. More importantly, we understand that they can leave the patient feeling incredibly vulnerable, even embarrassed. With brain injuries, the psychological effects of medical negligence are often just as damaging as the physical impact. That’s why we are committed to guiding you through every step of the process. We will ensure that your claim is handled carefully and professionally by specialist solicitors, while working alongside medical experts in the neurology field, to guarantee the best results.
Read lessOur medical negligence team has years of experience working on a wide variety of brain injury cases so we understand just how difficult a decision it can be to bring a brain injury case.
That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
Read moreOur brain injury team is headed by Laura Morgan who has a wealth of experience in leading complicated, high-value cases.
If you would like us to advise you as to whether you can pursue a brain injury negligence claim, please call our freephone number or submit your details via the online form and we will contact you to schedule a free initial phone consultation at a time that suits you. If you decide that you want to proceed with a claim, one of our medical malpractice lawyers will be able to tell you whether you can enter into a No Win, No Fee agreement, meaning that in the event that your claim is unsuccessful, and you have co-operated fully with us throughout, you won’t have to pay any legal costs so there’s no financial risk to you.
Read lessWe'll never sell your data or contact you unnecessarily. Your Legal Friend is a secure and private website.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
If the brain injury in question was the result of negligent treatment, misdiagnosis or mishandled care, then the victim of negligence should be eligible to make a claim. Part of the claims process is proving that the brain injury suffered was a direct result of negligence. This is why we request access to your medical records once we have accepted your case. The best way for us to determine if you are eligible to claim is by speaking to you, or a loved one, directly about your situation. If you would like to contact us on behalf of a family member, please see below for more information.
Brain injuries can be caused by traumatic or non-traumatic circumstances. A traumatic brain injury occurs due to the impact of an external force which can sometimes penetrate a specific part of the brain and can also involve damage to the scalp and skull.
The most common, non-traumatic causes, are:
Brain injury is often caused by trauma or a lack of oxygen to the brain, causing cells to die. This can happen during birth, where mishandled labour may cause a baby to be deprived of oxygen; it can also happen during surgery, where a surgical error could have lifelong consequences. A failure to diagnose a brain injury could also constitute neglect if the person was then to suffer further harm as a result. These are the most common instances of medically negligent brain injury cases that we see, but there are of course many others.
Read moreA delay or failure to correctly and promptly identify and treat the following common types of brain injuries can almost inevitably lead to impairment and disability.
Brain abscess:
Delay or failure involving:
Brain aneurysm:
Delay or failure involving:
Brain injury rehabilitation errors:
Delay or failure involving:
Brain tumour misdiagnosis and delay in treatment errors:
Delay or failure involving:
Cerebral edema (brain swelling) errors
Delay or failure involving:
A brain injury can appear in many different ways, from memory loss to the most severe difficulties involving the conscious state of mind and physical movement. The underlying cause and the specific areas of the damaged brain will largely determine the outward symptoms and effects of the injury.
Common causes and basic symptoms...
A stroke - caused by a blockage in a blood vessel in the brain can damage the motor and sensory pathways in one half of the brain and impair the opposing side of the body. Symptoms include weakness in movement and a loss of sensation in the affected side.
Read moreA lack of oxygen to the brain - can result in slight to severely disabling outcomes, such as:
Delay in diagnosis and treatment of raised intracranial pressure - can result in a complex mix of brain injury, including:
A hospital trust has a legal ‘Duty of Candour’ to both inform and apologise to patients if mistakes have been made while in their care which have led to significant harm. However, finding out why these mistakes occurred and proving clinical negligence was the cause can still be a significant challenge. A legal specialist with the knowledge and experience of handling such cases can make a crucial difference in succeeding with a claim.
Clinical negligence cases are, understandably, often highly emotionally charged and therefore demand the highest degree of sensitivity and understanding by lawyers during an often long and complex legal process.
Read moreOur dedicated team of specialist solicitors at Your Legal Friend has years of experience in successfully resolving many different types of clinical negligence cases. We can help you find out why things went wrong and, crucially, obtain answers and the compensation you need to ensure the future costs of providing the necessary care and treatment will be properly met.
Read lessUsually, with an injury resulting from medical negligence, there is a three-year time limit from the ‘date of knowledge’ for you to make your claim. The ‘date of knowledge’ is the date when you became aware of the negligent treatment that led to the worsening of your injury or illness.
The exceptions to this are in the cases of children, or if the negligence resulted in a fatality. In these examples, the time begins to run on the date of the child’s 18th birthday or, if the case was a fatality, from the date of death.
Read moreIf a person is unable to instruct a solicitor due to cognitive impairment, as a result of the brain injury, or otherwise, the time limit of 3 years may not apply. However, it is always better to seek legal advice as soon as possible, even if the three-year time limit may not apply, to ensure that you or your loved one, does not accidentally miss the deadline. Medical records can be misplaced, and memories can fade so even if you think that the claim will not be subject to this limit, do contact us as early as you can.
If a claim is brought outside of these time limitations would be considered ‘statue barred’ and you would not be able to seek compensation for brain injury.
Read lessFor brain injuries resulting from medical negligence, there are no cut and dry compensation amounts. We can give examples and estimates, but the amount of compensation an individual may be owed due to a brain injury depends on your circumstances and loss.
While there are guidelines on compensation for brain injuries, in medical negligence cases, compensation amounts are awarded according to a range of factors. Usually they will be awarded based on your loss of earnings, any costs associated with your future care and any potential costs or losses you would have suffered due to the negligence.
A no win, no fee arrangement is when you agree to a CFA, or Conditional Fee Arrangement with your solicitor. By agreeing to this fee arrangement, you pay nothing upfront to your solicitor, nor do you pay any fees if you lose your case.
For many who are already struggling due to loss of earnings, increased cost of care, or an inability to work after a brain injury; this payment model exists in order to allow victims of medical negligence to pursue compensation without facing financial risk.
If a person is unable to manage their own claim for whatever reason, particularly in cases such as these where brain injury may affect cognitive function, you may become what is known as a ‘Litigation Friend’. A ‘Litigation Friend’ has a duty to act in an individual’s best interests and will take on the responsibilities of managing a claim for their friend or family member. If you are to be a litigation friend on behalf of a loved one, or there must be an established connection such as next of kin.
We have a dedicated medical negligence team who handle all medical negligence cases. Our Director of Medical Negligence, Laura Morgan, specialises in medical negligence claims which have resulted in brain injury to both adults and children. She is a member of the Law Society Clinical Negligence specialist panel and the Action Against Medical Accidents panel of specialist lawyers. Laura was shortlisted for ‘Lawyer of the Year’ at the Eclipse Proclaim Modern Law Awards. She has achieved large settlements for her clients, notably £5.4 million for a 7-year-old child and £4 million for an 11-year-old child. Our team will always seek maximum compensation on your behalf; to ensure that the damages you are awarded will cover your expenses, costs and losses.
Brain injury compensation can help you to live as independently as possible, whilst managing the outcome of your condition. A severe injury to the brain can have lifelong implications; seeking compensation can help you to cover any additional care costs, recover lost earnings and ensure financial security for you and your family.
Yes, you can bring a claim for negligence against the Hospital Trust responsible for the care provided to you in an NHS hospital if you if you received substandard care and you were injured as a result. If you want to, you can make a complaint via PALS – a process which can help you to resolve an issue with your healthcare provider. A complaint is separate from a claim for compensation, which is about ensuring that your financial losses are covered and your future needs can be catered for. You do not need to make a complaint about your care before starting an investigation into whether you have a clinical negligence claim. We can talk to you about whether it would be better to make a complaint first.
There are different types of brain injury; you do not need to know what type of brain injury you have suffered to talk to us about your claim. What we do is ask, if you believe or suspect that the brain injury may have been sustained through negligent medical care or worsened through misdiagnosis. Types of brain injury could be:
Your first step is to call us directly or fill in our web form, as an initial phone conversation can help us determine if you could pursue a claim. It’s a good idea to gather information before this phone call, as we will ask questions that require you to have some idea of dates, events and places. If you have kept a written log of your medical treatment, this will make the initial telephone consultation easier but is not a requirement of starting your claim. Some people find it helpful to write down what they want to say before they call us; if you are acting on behalf of someone else, or are asking someone to speak on behalf of yourself, you can arrange this before the phone call.
(Headway, The Brain Injury Association - Latest available figures)
Surgical or anaesthetic error, a delay in the treatment of a stroke, tumour, aneurysm, abscess or subarachnoid haemorrhage, poor management of pregnancy or childbirth - all of these circumstances could result in a brain injury.
For a claim to be successful, you have to prove that:
As experienced clinical negligence specialists, we know that if you or a member of your family has received poor care which appears to have resulted in a brain injury, you need expert legal help and support.
We are committed to ensuring your case is fully investigated so you can obtain answers and receive the compensation you need to secure present and future care needs, including the cost of special equipment and adaptations to your home.
Read lessIf the brain injury in question was the result of negligent treatment, misdiagnosis or mishandled care, then the victim of negligence should be eligible to make a claim. Part of the claims process is proving that the brain injury suffered was a direct result of negligence. This is why we request access to your medical records once we have accepted your case. The best way for us to determine if you are eligible to claim is by speaking to you, or a loved one, directly about your situation. If you would like to contact us on behalf of a family member, please see below for more information.
Brain injuries can be caused by traumatic or non-traumatic circumstances. A traumatic brain injury occurs due to the impact of an external force which can sometimes penetrate a specific part of the brain and can also involve damage to the scalp and skull.
The most common, non-traumatic causes, are:
Brain injury is often caused by trauma or a lack of oxygen to the brain, causing cells to die. This can happen during birth, where mishandled labour may cause a baby to be deprived of oxygen; it can also happen during surgery, where a surgical error could have lifelong consequences. A failure to diagnose a brain injury could also constitute neglect if the person was then to suffer further harm as a result. These are the most common instances of medically negligent brain injury cases that we see, but there are of course many others.
Read moreA delay or failure to correctly and promptly identify and treat the following common types of brain injuries can almost inevitably lead to impairment and disability.
Brain abscess:
Delay or failure involving:
Brain aneurysm:
Delay or failure involving:
Brain injury rehabilitation errors:
Delay or failure involving:
Brain tumour misdiagnosis and delay in treatment errors:
Delay or failure involving:
Cerebral edema (brain swelling) errors
Delay or failure involving:
A brain injury can appear in many different ways, from memory loss to the most severe difficulties involving the conscious state of mind and physical movement. The underlying cause and the specific areas of the damaged brain will largely determine the outward symptoms and effects of the injury.
Common causes and basic symptoms...
A stroke - caused by a blockage in a blood vessel in the brain can damage the motor and sensory pathways in one half of the brain and impair the opposing side of the body. Symptoms include weakness in movement and a loss of sensation in the affected side.
Read moreA lack of oxygen to the brain - can result in slight to severely disabling outcomes, such as:
Delay in diagnosis and treatment of raised intracranial pressure - can result in a complex mix of brain injury, including:
A hospital trust has a legal ‘Duty of Candour’ to both inform and apologise to patients if mistakes have been made while in their care which have led to significant harm. However, finding out why these mistakes occurred and proving clinical negligence was the cause can still be a significant challenge. A legal specialist with the knowledge and experience of handling such cases can make a crucial difference in succeeding with a claim.
Clinical negligence cases are, understandably, often highly emotionally charged and therefore demand the highest degree of sensitivity and understanding by lawyers during an often long and complex legal process.
Read moreOur dedicated team of specialist solicitors at Your Legal Friend has years of experience in successfully resolving many different types of clinical negligence cases. We can help you find out why things went wrong and, crucially, obtain answers and the compensation you need to ensure the future costs of providing the necessary care and treatment will be properly met.
Read lessUsually, with an injury resulting from medical negligence, there is a three-year time limit from the ‘date of knowledge’ for you to make your claim. The ‘date of knowledge’ is the date when you became aware of the negligent treatment that led to the worsening of your injury or illness.
The exceptions to this are in the cases of children, or if the negligence resulted in a fatality. In these examples, the time begins to run on the date of the child’s 18th birthday or, if the case was a fatality, from the date of death.
Read moreIf a person is unable to instruct a solicitor due to cognitive impairment, as a result of the brain injury, or otherwise, the time limit of 3 years may not apply. However, it is always better to seek legal advice as soon as possible, even if the three-year time limit may not apply, to ensure that you or your loved one, does not accidentally miss the deadline. Medical records can be misplaced, and memories can fade so even if you think that the claim will not be subject to this limit, do contact us as early as you can.
If a claim is brought outside of these time limitations would be considered ‘statue barred’ and you would not be able to seek compensation for brain injury.
Read lessFor brain injuries resulting from medical negligence, there are no cut and dry compensation amounts. We can give examples and estimates, but the amount of compensation an individual may be owed due to a brain injury depends on your circumstances and loss.
While there are guidelines on compensation for brain injuries, in medical negligence cases, compensation amounts are awarded according to a range of factors. Usually they will be awarded based on your loss of earnings, any costs associated with your future care and any potential costs or losses you would have suffered due to the negligence.
A no win, no fee arrangement is when you agree to a CFA, or Conditional Fee Arrangement with your solicitor. By agreeing to this fee arrangement, you pay nothing upfront to your solicitor, nor do you pay any fees if you lose your case.
For many who are already struggling due to loss of earnings, increased cost of care, or an inability to work after a brain injury; this payment model exists in order to allow victims of medical negligence to pursue compensation without facing financial risk.
If a person is unable to manage their own claim for whatever reason, particularly in cases such as these where brain injury may affect cognitive function, you may become what is known as a ‘Litigation Friend’. A ‘Litigation Friend’ has a duty to act in an individual’s best interests and will take on the responsibilities of managing a claim for their friend or family member. If you are to be a litigation friend on behalf of a loved one, or there must be an established connection such as next of kin.
We have a dedicated medical negligence team who handle all medical negligence cases. Our Director of Medical Negligence, Laura Morgan, specialises in medical negligence claims which have resulted in brain injury to both adults and children. She is a member of the Law Society Clinical Negligence specialist panel and the Action Against Medical Accidents panel of specialist lawyers. Laura was shortlisted for ‘Lawyer of the Year’ at the Eclipse Proclaim Modern Law Awards. She has achieved large settlements for her clients, notably £5.4 million for a 7-year-old child and £4 million for an 11-year-old child. Our team will always seek maximum compensation on your behalf; to ensure that the damages you are awarded will cover your expenses, costs and losses.
Brain injury compensation can help you to live as independently as possible, whilst managing the outcome of your condition. A severe injury to the brain can have lifelong implications; seeking compensation can help you to cover any additional care costs, recover lost earnings and ensure financial security for you and your family.
Yes, you can bring a claim for negligence against the Hospital Trust responsible for the care provided to you in an NHS hospital if you if you received substandard care and you were injured as a result. If you want to, you can make a complaint via PALS – a process which can help you to resolve an issue with your healthcare provider. A complaint is separate from a claim for compensation, which is about ensuring that your financial losses are covered and your future needs can be catered for. You do not need to make a complaint about your care before starting an investigation into whether you have a clinical negligence claim. We can talk to you about whether it would be better to make a complaint first.
There are different types of brain injury; you do not need to know what type of brain injury you have suffered to talk to us about your claim. What we do is ask, if you believe or suspect that the brain injury may have been sustained through negligent medical care or worsened through misdiagnosis. Types of brain injury could be:
Your first step is to call us directly or fill in our web form, as an initial phone conversation can help us determine if you could pursue a claim. It’s a good idea to gather information before this phone call, as we will ask questions that require you to have some idea of dates, events and places. If you have kept a written log of your medical treatment, this will make the initial telephone consultation easier but is not a requirement of starting your claim. Some people find it helpful to write down what they want to say before they call us; if you are acting on behalf of someone else, or are asking someone to speak on behalf of yourself, you can arrange this before the phone call.
(Headway, The Brain Injury Association - Latest available figures)
Surgical or anaesthetic error, a delay in the treatment of a stroke, tumour, aneurysm, abscess or subarachnoid haemorrhage, poor management of pregnancy or childbirth - all of these circumstances could result in a brain injury.
For a claim to be successful, you have to prove that:
As experienced clinical negligence specialists, we know that if you or a member of your family has received poor care which appears to have resulted in a brain injury, you need expert legal help and support.
We are committed to ensuring your case is fully investigated so you can obtain answers and receive the compensation you need to secure present and future care needs, including the cost of special equipment and adaptations to your home.
Read less2nd August 2017
In this story, we hear from Kenneth Lapworth who tragically lost his wife Elaine to cancer which developed after their local NHS Trust failed to arrange regular check-ups for her condition.
READ MORE