Brain injury negligence claims are for injury to the brain due to medical negligence. You can file for compensation when you suffer a brain injury due to medical negligence.
If you or a loved one suffers a brain injury as a result of medical negligence, it will change your life. A brain injury negligence case is the only way to file for your deserved compensation.
A brain injury negligence claim gets you compensation for the trauma caused by avoidable brain damage. An injury to the brain will be with you for life, and the compensation awarded helps with long-term care needs
A No Win No Fee medical negligence solicitor will take your case and seek compensation for the brain injury negligence.
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What is brain injury negligence?
Brain injury negligence is when you suffer damage to your brain due to low standards of medical care. It is a brain injury you would not otherwise get if the doctor was working at an acceptable professional level.
When the doctor or hospital is working at acceptable standards of care, a brain injury need not occur. It is when they are negligent in your care that brain injury negligence happens.
When a brain injury happens to you due to negligence, you can file a brain injury negligence compensation claim.
How can brain injury negligence happen?
Brain injury negligence can happen when medical professionals do not do their job correctly. The doctor may not diagnose a stroke in time. Meningitis is misdiagnosed as headaches, or problems at birth are not noticed when they should be.
The doctor, nurse, A&E consultant and paramedic are responsible for their actions, and brain injury negligence happens when they do not carry out their duties. Brain injury negligence can happen quickly, but the effects will be with the victim for life.
The effects will be devastating if you suffer one of the common types of brain injuries.
Common types of brain injuries
Common types of brain injuries are seen daily in any busy hospital. Unfortunately, brain injuries happen and affect both the sufferer and their families for life.
Some common types of brain injuries are:
- Traumatic brain injury
- Brain aneurysm
- Brain haemorrhage
- Brain tumour
- Acquired hydrocephalus
Having any brain injury will have a serious effect on your life.
An avoidable brain injury happens due to brain injury negligence by a medical professional. If you or a loved one suffers brain injury negligence, you can file a claim for compensation.
A No Win No Fee medical negligence solicitor can handle your brain injury negligence claim and get you compensation for the damage done to your life.
Common types of brain injury negligence claims
Common types of brain injury negligence claims cover damage done under medical circumstances. Claims come from lack of care in the A&E, the operating theatre or from misdiagnosis by a doctor when examining a patient.
The common types of brain injury negligence claims are:
- Stroke misdiagnosis leading to brain injury
- Surgical errors leading to brain injury
- Misdiagnosis of a brain infection
- Brain tumour misdiagnosis
- Cerebral Palsy
- Missed traumatic brain injury
Any brain injury causes damage to the brain, even with prompt treatment. Brain injury negligence results from delays in diagnosis and errors when operating on the brain.
Stroke misdiagnosis leading to brain injury
Stroke misdiagnosis leading to brain injury is a regular source of brain injury compensation claims. Treating stroke is all about time; the sooner the patient is diagnosed, the quicker the correct treatment can begin.
Missing the early signs of stroke always makes the outcome worse. If a paramedic misdiagnoses a stroke instead of following FAST guidelines, then the patient suffers.
Stroke causes a lack of blood flow to the brain, and the parts affected are quickly damaged. Brain injury from stroke leaves people paralysed down one side, unable to speak or be without the use of one or more limbs.
Avoidable stroke damage is serious brain injury negligence.
Surgical errors leading to brain injury
Surgical errors leading to brain injury happen when a surgeon or the surgery team are negligent in their duty. Brain surgery is very precise surgery, and the slightest error can do a lot of permanent damage.
A tired surgeon may slice into a section of the brain during surgery. A surgical tool not calibrated properly can easily cut through an artery causing a brain bleed. If the oxygen supply is cut off or reduced for too long, parts of the brain can quickly stop working.
Brain injuries arising from surgical errors will do a lot of damage, and the patient may never regain consciousness or brain function again.
Misdiagnosis of an infection
Misdiagnosis of infection is a cause of brain injury negligence. Brain infections may not always present as expected in a patient, but a trained doctor should be aware of all the signs.
The brain swells due to infection, and brain injury results from not treating it promptly and correctly. Encephalitis, swelling of the brain due to infection, can cause irreversible brain damage.
A cerebral abscess, pus build-up in brain tissue, needs to be drained and treated before doing more damage. Meningitis doe terrible damage to the brain if left untreated. A delayed diagnosis of meningitis only increases the extent of the brain injury and the patient’s suffering.
Missing the signs of a brain-related infection delays treatment, allowing brain injury to happen and can be fatal.
Brain tumour misdiagnosis
Brain tumour misdiagnosis would not happen if a patient is assessed correctly. A brain tumour will grow over time, and the signs of one may take a while to develop.
If a patient presents at hospital with symptoms such as seizures, headaches and reduced brain function, scans and other tests should be ordered. To not do so is serious brain injury negligence.
If a doctor or radiologist does not read the test results properly, they may miss the brain tumour. A missed tumour will grow and cause brain injury to the patient and may even become inoperable.
Brain injury from a brain tumour misdiagnosis will be devastating for a patient.
Cerebral Palsy is a lifelong condition caused by damage to the developing brain in the womb. The damage can be from an infection, gene mutation or even a stroke.
In some cases, Cerebral Palsy is caused by injury to the brain from errors during delivery of the baby. The brain suffers injury from oxygen deprivation at birth or from delayed delivery.
Delivery room staff must be aware of depriving oxygen to the foetus during labour and take steps to avoid it happening.
Avoidable brain injury causing Cerebral Palsy happens and is medical negligence.
When are brain injuries most likely to occur?
Brain injuries are most likely to occur when a medical professional is not doing their job at an acceptable level. All medical staff are under pressure to perform at high standards, and brain injuries occur when they are negligent in their duties.
A tired surgeon may make an error during precise brain surgery. The paramedic dealing with many injuries can miss a traumatic brain injury. A junior doctor on call may not diagnose meningitis and leave the infection to injure the brain.
There is no excuse for brain injury negligence. The patient will suffer, often for life, and many patients do not recover from a brain injury.
Every medical professional should work with a duty of care to the patient, and to not perform that duty at an acceptable level is medical negligence.
Medical negligence leading to brain injury causes disability and life-changing injuries and may result in the death of a loved one.
Can I make a claim on behalf of a loved one?
Yes, you can make a claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.
Brain injury negligence is a perfect example of claiming on behalf of a loved one. Often the brain injury leaves the patient with vastly reduced brain function. In order for your loved one to get compensation for the brain injury negligence, you can take on the claim.
Your loved one depends wholly on you and the family for care and to fight for their rights. By making a claim on their behalf for brain injury negligence, you are fighting for the compensation they deserve.
A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for brain injury negligence.
How much can I claim for brain injury negligence?
You can claim more amounts from over £15,000 to more than £250,000 in brain injury negligence compensation. The amount you claim depends on the damage caused, and there is not one fixed award in any medical negligence claim.
The amount of compensation differs from patient to patient, depending on the circumstances and effects of the brain injury negligence. Brain injury can affect someone for life, and compensation claims reflect the patient’s complex needs.
When claiming brain injury negligence, you are looking for compensation for what happened at the hands of a medical professional. The negligent treatment caused temporary or permanent injury, and you deserve compensation for the suffering.
As in all medical negligence claims, each brain injury negligence case is dealt with on its merits and how much you suffered.
A No Win No Fee medical negligence solicitor will be the only one to advise you on a brain injury negligence claim. They will know from experience what your case may be worth and how to go about a successful claim.
Your No Win No Fee medical negligence solicitor will handle your brain injury negligence claim and get you compensation for all damages incurred.
What can you claim for when you sue for brain injury negligence?
You can claim compensation for any damages that occurred when you sue for brain injury negligence.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
- Pain is that above what is normally expected for your procedure
- Suffering is the inconvenience and changes to your life that cause you discomfort
- Loss of amenity, PSLA, is any difficulty you have in doing everyday tasks, such as walking, sitting and sleeping
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
- Loss of earnings includes compensation for time off work and any reduction of your income in the future.
- Future care costs are for any care you will need as a result of the medical negligence
- Out-of-pocket expenses cover medical appointments, travel, accommodation and meals
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
You deserve compensation to cover all losses, including loss of life, medical costs and any long-term care needs.
You make a compensation claim when you or a loved one suffers from the effects of brain injury negligence.
Your No Win No Fee solicitor will guide you through the steps in making a brain injury negligence claim.
What are the steps involved in making a brain injury negligence claim?
The steps involved in making a brain injury negligence claim go from seeking medical advice to issuing court proceedings.
The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
Your medical negligence solicitor will do the rest when you follow the steps correctly and get all the facts and figures together.
Step 1: Seek medical advice
Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you experienced brain injury negligence.
Step 2: Contact a specialist medical negligence solicitor
Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you have a brain injury negligence claim.
The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.
You are the one who suffered medical negligence, and you should get all the money due for the suffering.
Step 3: Your medical negligence solicitor obtains your medical records
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid brain injury negligence claim.
The medical negligence team will know from your medical records if the case will result in compensation being paid.
Step 4: The medical negligence solicitor sending a letter of claim to the negligent party
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the brain injury negligence in what is known as ‘sending a letter of claim.’
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Step 5: Getting a response from the negligent party’s insurer
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.
If they admit liability, your brain injury negligence claim can be valued, and the two parties will meet to decide on your compensation payment.
Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.
Step 6: Issuing court proceedings
Issuing court proceedings is the next step if they deny liability in your brain injury negligence claim.
Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered. Your medical negligence solicitor issues the court proceedings.
Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.
Using a No Win No Fee Solicitor
Using a No Win No Fee solicitor is the only way to a successful brain injury negligence compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered brain injury negligence, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for brain injury negligence?
You have three years to make a claim for brain injury negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a brain injury negligence claim or court proceedings.
Persons under a disability, who lack capacity, are not subject to any limitation period.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for brain injury negligence and receive the money they deserve for the poor treatment.
Each year there are between 8,000 and 10,000 successful medical negligence claims against the NHS. Amounts in compensation claims awarded against the NHS range from £1000 to over £10 million.
The amount of compensation you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your brain injury negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered from brain injury negligence, and you deserve every penny of the compensation claim.
Contact us at the Medical Negligence Team for all your medical negligence needs.