Brain injury medical negligence claims.
The brain is, arguably, our most vital organ, and in this age of transplants, the only one that is likely to never be replaceable.
Brain injuries can be utterly devastating and can change your life dramatically, so it is vitally important to secure the right legal advice and representation, if you or a loved one have suffered a brain injury.
MG Legal’s medical negligence specialists deal with brain injury claims, caused by accidents, or medical negligence, on a regular basis, with all cases accepted on a NO WIN NO FEE basis to ensure you do not have to worry about the financial aspect of your claim.
What is a medical negligence brain injury claim?
Quite simply, any type of injury which occurs during, or because of negligence, whilst under the care of medical practitioners will fall into this category. Some of the most common categories are:
Haematoma (blood clot) on the brain
Haemorrhage – also known as uncontrolled bleeding on the brain
Concussion – when the brain hits the wall of the skull
Oedema - swelling of the brain
Diffuse axonal injury, where the brain is damaged without bleeding
In medical negligence, it can often be the case that one of these injuries has occurred as a result of a genuine accident such as a fall, or a medical event such as a stroke, but the consequences can be significantly worse if the medical practitioner you see does not correctly diagnose and treat the injury.
If you believe that any outcome from your treatment, or that of a child or other person for whom you care, has led to an avoidable injury, contact MG Legal’s expert medical negligence brain injury solicitors for a no obligation discussion about how we can help you, all on a no win no fee basis. You can also find out more about brain and head injuries in general on our dedicated page.
What type of medical negligence can cause a brain injury?
The most common types of brain injury arising from medical negligence occur as a result of the following basic scenarios:
Misdiagnosis of a stroke, haematoma or other such events, leading to a delay in treatment which in turn cause permanent or increased brain injury.
Birthing (obstetrics) errors, which can lead your baby to suffer brain damage from lack of oxygen. Please see our dedicated birthing injury page for more information;
Infection or viral misdiagnosis, such as meningitis or herpes simplex (cold sore virus) can leave you with brain damage if not diagnosed and properly treated;
Surgical errors, whether by way of a physical error by the surgeon or an anaesthetic error, both can make an already serious condition significantly worse;
Misdiagnosis of brain tumours, leading to worsening of the cancer and making subsequent treatment more invasive, longer lasting or in some cases, impossible to treat. For more information, please see our cancer misdiagnosis page.
If you, or a loved one, have sustained any type of brain injury due to the medical negligence of either an NHS or Private practitioner, MG Legal’s specialist personal injury solicitors are equipped to deal with your claim. Our medical negligence experts have dealt with a range of brain injury cases, ranging from clients who have suffered life-changing injuries following major incidents, or, at the other end of the spectrum, but no less important to us, clients that have suffered short term, minor brain injuries, following bumps and bangs to the head.
What awards are made for head and brain injuries?
At MG Legal our first port of call is the Judicial Studies Board Guidelines (JSB), a regularly updated reference book containing guides for awards in certain brackets based on the type and scale of the injuries as detailed by the medical experts in your claim. You will find a copy of the JSB on the desk or in the briefcase of every solicitor, barrister and judge who deals with personal injury.
Should it not be sufficient to value a case on the content of the JSB, the parties can turn to specific Case-Law to ‘fine tune’ the award within a certain bracket.
Awards for Head and brain injuries can be some of the highest awards of all injuries, but this can vary greatly depending on the severity of the injuries, their effect and a host of other factors, however, the JSB details these as follows:
Very Severe Brain Damage – injuries where there is little or no ability to perform event basic functions such as opening the eyes and understanding speech - Awards range between £264,650.00 and £379,100.00
Moderately Severe Brain Damage – injuries where there is severe disability requiring continuous professional care - Awards range between £205,580.00 and £264,650.00
Moderate Brain Damage – where there is some degree of dependence on care. Higher awards will be for cases where sight, speech and senses are affected severely, lower awards will be for cases where there is some ability to work and the need for care is small - Awards range between £36,740.00 and £205,580.00
Less Severe Brain Damage – where there is an ability to return to some normal social activities but some issues remain, such as memory function, poor concentration and mood inhibition - Awards range between £14,380.00 and £40,410.00
Minor Brain or Head Injury – where brain damage is minimal or non-existent, symptoms may include headaches and the lowest end of the bracket will reflect injuries lasting only a few weeks - Awards range between £2070.00 and £11,980.00
Epilepsy – where an injury leads to epilepsy and Grand Mal seizures are a regular occurrence - Awards range between ££95,710.00 and £140,870.00
Epilepsy – where an injury leads to Petit Mal seizures and the degree to which medication successfully controls seizures - Awards range between £51,460.00 and £123,340.00
Other epileptic conditions, where attacks are limited in frequency and of short duration - Awards range between £9,990.00 and £24,680.00
What if I am losing money or have unexpected costs because of my injury?
Often, medical negligence brain injuries can mean you are unable to work due to your own injuries or needing to care for your injured child. In some cases, you may be entirely off your feet or your child may need 24 hour care. Many employers have a limited sick-pay scheme and coupled with the need to have personal care if you are seriously injured, savings can quickly run out. This can be a more long term issue following some brain injuries if your child needs permanent care, potentially for their entire life.
If you find yourself in this situation, your specialist personal injury solicitor will look to obtain an “interim payment” from the fault party. Whilst this is not always possible, in cases where liability (negligence) is not an issue the fault party will usually be willing to make an interim payment. This is a payment made before settlement of your claim is agreed in full and is generally deducted from whatever final settlement is agreed.
Interim payments are generally made against lost earnings and care or rehabilitation costs, to minimise the impact of the incident and to give the best possible chance for the injured party to recover swiftly. Often private medical treatment is more comprehensive and has shorter, if any, waiting lists to access the service and can take months off the recovery time from some injuries.
How long have I got to make a medical negligence brain injury compensation claim?
Subject to the Limitation Act 1980, if you have been injured as a result of negligence you have three years from the date of negligence, or the date you know about the negligence, to pursue a claim for personal injury. So, in most cases this will be immediately should it occur in an accident or if the injury stems from medical negligence or industrial illness, if everything appears ok to start with and then you later find out about an issue later, your three years starts from the day you find out this information.
There are exceptions, for those under 18 years old at time of the injury, in that minors have three years from their 18th birthday within which to make a personal injury claim. Time limits may differ if you are acting on behalf of someone with limited mental capacity, if you are acting as guardian or subject a lasting power of attorney. In some severe cases, where the child, or patient if they are an adult, will never have capacity, the Limitation Act will never truly apply.
Other incidents, whilst not strictly likely to involve the above are still work mentioning, such as Criminal Injuries, Maritime and Aviation incidents, have a shorter period of two years before Limitation expires.
If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s personal injury experts, here…
Who pays my legal fees if I make a medical negligence brain injury claim?
MG Legal’s expert medical negligence brain injury personal injury claims solicitors believe that if access to justice should not entail up-front costs, legal jargon, and confusing conversations with fussy solicitors who don’t live in the real world. So, if you or your child have suffered a personal injury as a result of someone else’s negligence, then you should not have to pay up front legal costs to get access to proper representation.
Why choose MG Legal for my brain injury medical negligence compensation claim?
At MG Legal, we believe that our confidence in our own ability is demonstrated by the fact that every personal injury claim we accept is on the basis of a Conditional Fee Agreement, also known as a no win no fee agreement, which means that if we do not succeed for our client, we do not get paid for our work. Please read our wonderful reviews, from the many genuinely happy clients we have be lucky enough to serve, over the last 10 years.