A 15 year old girl suffered negligence at birth which caused her to develop severe cerebral palsy that would significantly shorten her life. She was awarded:
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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.
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.
It’s beneficial if you’re quick to pursue a claim as the paperwork will be readily available and the detail of the event will still be ‘fresh’ in your mind, which will help when putting your case together. There is also a three year time limit from the ‘date of knowledge’ where you learned that a mistake on your doctor’s part led to the pain or suffering you’re now experiencing. Usually if you attempt to bring a claim after this date, it will be considered ‘statute barred’ or ‘out of time’ as per the Limitation Act of 1980, section 11. If you are within the time limit, or are unsure as to whether you fall within the time period allowed, you can speak to us and we’ll be able to advise you as best we can based upon the information you’re able to share with us.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
After a free initial phone consultation, a clinical negligence solicitor can get a feel for your circumstances, the problems you face and consequences you’re having to live with. If they feel that something wasn’t done, that should have been, they may go on to request copies of your medical records, with your permission, to assess whether something was missed or to see if a mistake was made. If it looks like a mistake was made, they will then speak to you to discuss whether you wish to pursue a medical negligence claim for compensation.
Throughout your claim, Your Legal Friend will help you every step of the way
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
Our 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.
Our brain injury team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value brain injury cases.
If you would like us to advise you as to whether you can pursue a brain injury 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.
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
Pay nothing if you lose your case, get maximum compensation if you win
Whatever the nature of your brain injury claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard brain injury claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.
We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.
You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery. You may also need to return to work as soon as it’s safe to do so.
You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury. To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.
We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.
The value of your claim comprises:
You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.