Brain Injuries Through Medical Negligence

A brain injury caused by the negligence of a medical professional can be truly devastating and have catastrophic consequences for the patient, potentially having a hugely detrimental impact on their quality of life. Making a claim can therefore help you to better cope with the injury and enable you to pay for any assistive equipment and technology you may need. The team at JMW is vastly experienced in helping people claim the compensation they both deserve and need.

If you, a friend or a member of your family have sustained a brain injury while in the care of a professional, you may be able to make a medical negligence brain injury claim. Call the JMW team on 0800 054 6078 or fill out our online enquiry form and a member of our team will be in touch to discuss your potential claim.

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Minor to Severe Brain Injuries

The brain is incredibly sensitive to injury and, in the most severe cases, trauma to the brain can lead to loss of function, such as mobility or the ability to speak. It can also result in a drastic change in personality. However, any type of injury to the brain can have a significant impact, so it is vital that the victim, or their family, seeks specialist legal advice if it has been caused by medical negligence.

We deal with the entire spectrum of brain injuries and will always work towards the fastest resolution and the maximum compensation possible.

We have experience of securing compensation for:

Cerebral Palsy

Cerebral palsy caused by medical negligence is an issue the solicitors at JMW specialise in. Cerebral palsy is an umbrella term referring to motor conditions that can be caused by a lack of oxygen to the brain or the mismanagement of illness in the newborn baby.

Most cases of cerebral palsy can be diagnosed by the time a child is 18 months old. If your child has cerebral palsy that was caused by mistakes made during their birth, or by poor medical care after delivery, call us now.

Children with cerebral palsy will often require specialist care for the rest of their lives, so if it was caused by medical errors it is vital that their parents pursue a claim for compensation to fund this. Click here to read more about cerebral palsy.

FAQs

  1. What Support Is Available to Victims of Brain Injury?

    When a patient or child suffers a brain injury it can have a wide-ranging and devastating impact for both them and their family. Sufferers often require lifelong specialist support and care to help them and their loved ones to cope.

    When a brain injury first occurs it can be a lonely time for the victim and their family, full of questions and worry about what the future will hold. But it is vital that they realise that there is an extensive network of support that can help to lighten the burden for them.

    The help that victims of brain injury and their families require is wide-ranging, including emotional support, advice on benefits if their ability to work has been affected, help with educational needs, support to cope with any physical disabilities caused, and legal advice. There are many excellent brain injury charities that are a great first port of call for sufferers and if they cannot help, then they can signpost to the most relevant organisation.

    There are many great local charities that make a real difference to the lives of brain injured people and their families, and they can be found through a simple internet search. However, many excellent large national charities exist with the sole focus of supporting brain injury sufferers and are definitely worth making contact with. A list of the main bodies can be found below.

     

    • Headway is a charity dedicated to helping people with brain injuries, which it does on both a local and national scale. The charity runs a network of groups and branches throughout the UK and offers many excellent services, including rehabilitation programmes, carer support and respite care. Find out more at www.headway.org.uk.
    • Cerebra provides support services and practical help to make life easier for children with neurological conditions and their families. Find out more here: www.cerebra.org.uk.
    • The Child Brain Injury Trust (CBIT) supports children who have suffered an acquired brain injury and their families. Find out more here: www.childbraininjurytrust.org.uk. JMW has supported CBIT since 2012 and we started a three-year project as the charity's Legal Support Service Provider in the North West in March 2015. We also named CBIT our Charity of the Year in 2015.
    • BIRD (Brain Injury Rehabilitation and Development) provides treatment for people with brain injuries and learning difficulties to improve their quality of life. Find out more here: www.b-i-r-d.org.uk.
    • BASIC offers rehabilitation services for people who have been left to cope with their brain injury after they are discharged from hospital in the Greater Manchester area. Find out about their services here: http://www.basiccharity.org.uk.

     

  2. What Rehabilitation May Be Required?

    Rehabilitation needs will very much depend on the individual requirements of the brain injured person. It can be a very difficult time for the affected person and their family, but it is vital that the right choice is made to ensure that they get the best possible care.

    When a person who has sustained a brain injury is ready to leave hospital, their care may continue at home or in a residential care unit. For those with long-term residential care needs, a specialist brain injury care unit may the best option. Government funding for this service is means tested, so relatives may be asked to contribute towards the cost.

    People who do not have long-term care needs may be able to secure NHS funding for Intermediate Care. Intermediate Care provides therapy and treatment in patients' own homes and is designed to help brain injured people to make the transition from hospital.

    When people who have suffered a brain injury are taken back to their own home for rehabilitation, they should receive support from an occupational therapist. An occupational therapist can be supplied from either a hospital or social services and carers should make enquiries if they have not been approached. The occupational therapist will be able to assess what care requirements and house adaptations are needed to care for the patient at home.

    If adaptations are necessary to ensure the safety and security of the person in question, then the Disabled Facilities Grant is there to help cover the cost. Speak to your local council for more information.

    For more information on rehabilitation call Headway's free helpline on 0808 800 2244.

  3. What Financial Help Is Available?

    Most people affected by brain injury will need at least some time off work; some may never be able to return to employment. Meanwhile, some youngsters who suffered their brain injury at birth may never achieve employment, requiring round-the-clock care.

    This effect on a person's earning potential, together with the additional costs that are associated with providing a brain injured person with the care they need, can create a huge financial strain.

    However, there are schemes and benefits available that may be able to help brain injury sufferers and their families to better cope financially.

    State benefits

    People who have been left with a physical disability due to their brain injury, as well as their carers, may be eligible for the government's Disability Living Allowance, Carers Allowance and Incapacity Benefit if their ability to work has been affected. In addition, those on a low income may be able to claim Income Support, Housing Benefit, Council Tax Benefit and Working Tax Credit.

    For more information about benefits call the government's Benefits Enquiry Line on Freephone 0800 88 22 00 or visit www.direct.gov.uk.

    Anyone struggling financially should also contact Citizen's Advice as their advisors can give free and impartial guidance on financial issues and are based in the community. Call 020 7833 2181 or visit www.citizensadvice.org.uk.

    There are also lots of grants and loans available to help disabled people and their carers if times get very tough, if they need money urgently to pay for basic needs, or a carer needs to ensure a disabled person's safety. They all have strict criteria that have to be met when applying.

Why Choose JMW?

We have years of experience of successfully winning medical negligence claims and employ a specialist team of solicitors, who have secured millions of pounds in compensation for clients left with life-changing injuries as a result of mistakes by the medical profession.

Our team is professional and understanding, meaning we take a sensitive and caring approach while giving you the best opportunity to get the outcome you are after. With the right team in your corner, you can claim the compensation that will make a huge difference as you face the challenges ahead.

A number of our solicitors are members of the Law Society's specialist panel for clinical negligence, while several are members of the Action against Medical Accidents (AvMA) solicitor's panel.

Case Studies
  • Badly Managed Insulin Therapy Leads to Brain Damage - £2,150,000

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  • Cerebral Artery Aneurysm - £2,250,000

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  • Re-Bleed and Lasting Effects Due to Missed Sub-arachnoid Haemorrhage - £400,000

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  • Brain Damage Caused by Anaesthetic Accident - £60,000

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  • Fatal Haemorrhage - £150,000

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  • Death Due to Brain Damage at Birth - £50,000

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  • CSF Leak Following Rhinoplasty - £32,500

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  • Sub-Arachnoid Haemorrhage, £400,000

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  • Sub-Arachoid Haemorrhage, £150,000

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  • Permanent Damage Caused by Major Stroke

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Talk to Us

If an injury was sustained as a result of negligence, you may be entitled to compensation to help them cope with your disabilities. By taking legal action, sufferers and their families can often find out what went wrong and help to improve safety standards for other people.

If you think your or your loved one's brain injury was caused due to negligence, then you can speak to one of our legal experts for a free, no obligation chat. For medical negligence, call 0800 054 6512, for personal injury call, 0800 054 6570. Alternatively, complete our online enquiry form and we will get back to you at a convenient time.

What Is Brain Injury?

The brain controls our mobility, how our body functions and our moods and emotions, so when injury to the brain occurs it can have a devastating impact. Brain injury can affect anyone at any time; and while the severity of the injury can vary greatly, it can often lead to a range of physical and mental disabilities. Some people will suffer milder but none-the-less devastating effects, such as mood swings and memory loss. Others, such as babies who develop cerebral palsy, might never be able to walk and talk and will rely on others for their care 24 hours a day.

For people who have suffered an acquired brain injury, for example after having a stroke, with a long period of rehabilitation the brain can recover to a degree. Despite this, it is likely that there will be some lasting effects that the victim and their family will need to learn how to manage.

However, the needs of children who have suffered one of several catastrophic brain injuries will be more complex. The impact will be felt by the whole family, who will have to come to terms with their child's long-term disabilities so it is crucial they get the right support.



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