Brain Injury Medical Negligence Claims
If you or a loved one have sustained a brain injury while in the care of a doctor or healthcare professional, you may be able to make a compensation claim for brain injury medical negligence with the help of our solicitors.
The expert medical negligence solicitors at JMW are highly experienced in helping people to secure compensation for the long-term consequences of brain injuries and brain damage, which can help to pay for the treatment or lifestyle adjustments you may need. We can provide the guidance you require during what can be an extremely difficult time.
Our legal team will deal with your brain injury claim with the understanding and sensitivity it deserves. To speak to one of our solicitors today, simply call us on 0345 872 6666, or complete our online enquiry form and we will call you back as soon as we can.
On This Page
- What Our Clients Say
- How JMW can help
- Meet Our Team
- Case studies
- What Is the Process for Making a Brain Injury Medical Negligence Claim?
- How Long Do I Have to Make a Brain Injury Medical Negligence Claim?
- The Impact of Brain Injuries
- How Do Medical Errors or Negligence Lead to Brain Injuries?
- About Cerebral Palsy
- Further Support for People with Brain Injuries
- FAQs About Brain and Head Injuries Caused By Medical Negligence
What Our Clients Say
How JMW Can Help
JMW has decades of experience in making successful medical negligence claims and employs specialist brain injury solicitors who have secured hundreds of millions of pounds in compensation for clients with life-changing injuries. Our medical negligence solicitors take a sensitive and caring approach to brain injury claims, to give you the best opportunity to rebuild your life.
With the right team in your corner, you can claim brain injury compensation that will make a huge difference as you face the challenges ahead. We have experience in securing compensation for:
- Birth injuries
- Brain aneurysms
- Cerebral palsy
- Meningitis
- Strokes
- Subarachnoid haemorrhages
- Subdural haematomas
- Serious brain injury requiring long-term medical care
- Loss of speech/movement
- Mismanaged infections or illnesses
- Memory problems
We know how difficult it can be to experience brain injuries caused by medical negligence, which is why we will do everything possible to ensure you get the compensation you deserve.
Headed by leading solicitor Eddie Jones, our medical negligence team includes members of the Law Society's specialist panel for clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. The stringent criteria for membership on both panels demonstrate the high level of knowledge, skills, experience and practice we have in the field of medical negligence and brain injury claims.
Meet Our Team of Brain Injury Medical Negligence Experts
JMW’s clinical negligence team provides expert advice and compassionate support for individuals suffering brain injuries due to medical negligence, helping you navigate the legal process and secure the compensation and care you deserve.
Case Studies
Case Study: Missed Sub-Arachnoid Haemorrhage
JMW secured significant compensation for Colin, who suffered a severe brain injury following hospital negligence, providing vital support for his long-term care and rehabilitation.
Case Study: Fatal Missed Diagnosis of a Sub-Arachnoid Haemorrhage
JMW obtained a substantial settlement for the family of a man who tragically died due to a brain injury caused by medical negligence, helping them achieve justice and financial support.
What Is the Process for Making a Brain Injury Medical Negligence Claim?
The process for making a brain injury claim generally involves the following steps:
- Speak to a lawyer at JMW to discuss your brain injury compensation claim in an initial consultation, and we will review the details of your case to provide advice about the likelihood of a successful claim.
- If you decide to proceed, your legal team at JMW will gather medical records and other evidence to support your case. We will seek opinions from independent medical experts to strengthen your case and draw upon our extensive experience of medical negligence cases to make your claim as strong as possible.
- Once we have gathered the requisite medical evidence, we will send a letter of claim to the party responsible for your brain injury, outlining the details of the negligence and the injuries caused.
- The responsible party will have a chance to respond to your claim. If they accept responsibility, we will start to negotiate your compensation. It is always our aim to settle out of court and bring brain injury cases to a swift conclusion with minimal stress.
- In the rare occasion that your claim needs to go to court, JMW will guide and support you through the court process, with legal representation that will give you the best chance of a successful outcome.
The specialist solicitors at JMW can represent you with a no win, no fee arrangement, also known as a conditional fee agreement. This takes away the worry of funding a medical negligence case whilst it is ongoing.
How Long Do I Have to Make a Brain Injury Medical Negligence Claim?
The time limits for brain injury claims vary, but you should start the process as soon as possible.
- For those over 18 who have the mental capacity to manage their own affairs, the time limit is three years from the date the injury occurred, or the date you became aware it had occurred.
- Children can begin their claim at any time before their 18th birthday with support from a parent or carer, or on their own behalf within three years of turning 18.
- If the person lacks mental capacity, there is no time limit unless they regain their mental capacity, at which point a time limit of three years will begin from that date.
If you or a loved one has suffered a brain injury of any type, seek advice from an expert medical negligence solicitor from JMW as soon as possible to avoid missing any relevant deadlines.
The Impact of Brain Injuries
A brain injury caused by a medical professional's negligent treatment can be truly devastating and can have catastrophic consequences for the patient and their quality of life.
Making a brain injury claim can help you to better cope with the injury and pay for any assistive equipment and technology you need. Compensation secured by our brain injury specialists will also cover the costs and additional living expenses you have incurred.
The brain controls our mobility, how our body functions and our moods and emotions, and is incredibly sensitive to injury. In the most severe cases, trauma to the brain can lead to loss of function, such as the ability to speak or walk. It can also result in a drastic change in personality.
Any type of head or brain injury can have a significant impact. It is vital that the patient, or their family, seeks specialist legal advice if it has been caused by medical negligence.
Other examples of brain injuries for which we have handled claims include:
- Bleeding on the brain
- Subarachnoid haemorrhages
- Delay in diagnosis of Wilson’s disease and other diseases of the brain
We deal with the entire spectrum of brain injuries and will always work towards the fastest resolution and the maximum compensation possible.
How Do Medical Errors or Negligence Lead to Brain Injuries?
Medical errors or negligence can lead to brain injuries in a number of ways. Surgical errors, such as mistakes made during procedures on the brain, or errors in anaesthesia administration that deprive the brain of oxygen, are common causes. Misdiagnosis or delayed treatment of conditions like strokes or infections can also lead to brain injuries. In childbirth, medical negligence can lead to a newborn suffering brain injuries if, for example, there is a delay in performing a necessary caesarean section, or a failure to correctly monitor and respond to foetal distress.
About Cerebral Palsy
JMW specialises in compensation claims for cerebral palsy caused by medical negligence. Cerebral palsy is an umbrella term for motor conditions caused by a lack of oxygen to the brain or the mismanagement of illness in newborn babies.
If a child has cerebral palsy that was caused by medical mistakes during their birth or after delivery, compensation can fund specialist care for the rest of their lives. Visit our dedicated page to read more about cerebral palsy.
Further Support for People with Brain Injuries
A brain injury can be highly distressing for the individual and their family and raise questions about what the future will hold. Thankfully, there is an extensive network of support that can lighten the burden with advice on benefits, education, physical disabilities, and the law.
Reaching out to one of the UK's respected brain injury charities can be a great place to start. These include:
- Headway - dedicated to helping people with brain injuries on 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.
- BASIC - a Manchester-based charity that offers rehabilitation services for people who have been discharged from the hospital.
- Brain Injury Rehabilitation and Development (BIRD) - provides treatment for people with brain injuries and learning difficulties to help improve their quality of life.
- Cerebra - offers support services and practical help to improve the quality of life for children with neurological conditions and help their families.
- The Child Brain Injury Trust - supports children who have suffered an acquired brain injury. JMW has supported the charity since 2012 - find out more about our relationship with CBIT
FAQs About Brain and Head Injuries Caused By Medical Negligence
- What are the types of brain injury?
Brain damage is an injury that results in either the deterioration or destruction of brain cells. Brain injuries are classified as either:
- Traumatic brain injury - an injury caused by a blow to the head or by another external force. The brain is damaged when the force causes it to move inside the skull.
- Acquired brain injury - occurs on a cellular level and typically relates to pressure being exerted on the brain, whether through a tumour, neurological illness, or a similar condition.
They may be diagnosed using an MRI or CT scan, which produces detailed images of the inside of a person's head to determine the extent of an injury and the potential for further complications. The Glasgow Coma Scale can also be used to diagnose a brain or head injury as a result of medical negligence.
- What are the symptoms of a brain injury?
Brain damage can vary in severity, depending on the type of brain injury. Symptoms of a mild brain injury might only be temporary and can include:
- Memory issues
- Headaches
- Nausea
- Confusion
The same symptoms may also be apparent for moderate brain injuries, although they are likely to be more obvious and will last for a prolonged period. If you have sustained a severe brain injury, you may experience:
- Physical disabilities
- Cognitive disabilities
- Behavioural disabilities
- What rehabilitation is available for brain injuries?
Rehabilitation needs depend on individual requirements, but the right choice of rehabilitation can ensure that someone with a head or brain injury receives the best possible care.
When a person who has sustained a brain injury is ready to leave the 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 be the best option. Government funding for this service is means-tested, so relatives may be asked to contribute to the cost.
People who don't require long-term care may be able to secure NHS funding for intermediate care. This option provides therapy and treatment in a patient's own home, usually by an occupational therapist, and is designed to help those with a brain injury to transition from the hospital.
An occupational therapist can assess what care requirements and house adaptations are needed in order to care for the patient at home. If adaptations to the home are necessary to ensure the safety and security of a brain-injured person, the Disabled Facilities Grant will contribute to the cost - speak to your local council for more information.
For more information on rehabilitation, visit the Headway website.
- What can I claim brain injury compensation for?
If a brain injury is the result of medical negligence, sufferers and their families are entitled to significant compensation. Successful brain injury claims can cover the costs of treatment and the impact of a traumatic brain injury on your life.
The value of brain injury compensation claims will take the following factors into account:
- Pain and suffering, including loss of independence or the psychological impact of negligence
- Lost income, especially if a household loses a substantial portion of its income due to brain damage caused by negligence
- All expenses relating to ongoing treatment. This includes physiotherapy, speech and language therapy, and occupational therapy, as well as assistive technology and disability aids & equipment
- Any care and assistance necessary following the injury can also be claimed for, including adaptations to the home
You may also be in a position to make a claim for transportation costs, as well as a range of other miscellaneous expenses.
- Is there any other financial help available?
Most people affected by a brain injury will need to take some time off work; some may never be able to return to employment. Meanwhile, young people with congenital brain damage may need round-the-clock care and never be able to work.
These situations can create a huge financial strain. At JMW, we generally offer no win, no fee brain injury claims, so you can pursue compensation without financial risk, and we will pursue interim payments where possible to secure a part of your compensation before your claim is resolved.
There are also schemes and benefits available that provide financial help to brain injury sufferers and their families. People who have been left with a physical disability due to their brain injury may be eligible for a Disability Living Allowance and Incapacity Benefit. Carers looking after a person with a brain injury may apply for a Carer’s Allowance.
Additionally, those on a low income may be able to claim Income Support, Housing Benefit, Council Tax Benefit and/or Working Tax Credit. For more information about the benefits available to you and your family, visit the government website.
Grants and loans are sometimes available to help disabled people with basic needs, including a carer, but there are strict criteria to meet. Citizen's Advice can provide free and impartial guidance for anyone who is struggling financially.
- Can I make a brain injury claim on behalf of a loved one who is unable to do so?
If your loved one has suffered a brain injury due to medical negligence and is unable to make a claim themselves, you may be able to act as their 'litigation friend' and claim on their behalf. It is important to seek legal advice to understand the responsibilities involved and whether you are eligible to act as a litigation friend. Contact JMW, and our legal experts will clearly explain this process to you.
- How long do brain injury medical negligence claims take?
Brain injury compensation claims typically take three years to resolve, but if your prognosis is uncertain during your recovery it may take longer.
Solicitors and medical professionals will have to monitor your ability to function in day-to-day and work life in order to properly account for the true impact of your injury over time. If a brain injury case is rushed, you could receive less compensation than you deserve.
An expert brain injury negligence solicitor from JMW can discuss the details of your brain injury compensation claim and estimate how long it could take to resolve.
Talk to Us
If you or a loved one have sustained a brain injury as a result of medical negligence, you may be entitled to claim compensation on a no win, no fee basis. A successful brain injury claim can help individuals and their families to find out what went wrong and improve safety standards for other people.
Speak to an expert brain injury solicitor from JMW for a free, no-obligation chat by calling 0345 872 6666, or complete our online enquiry form and we will get back to you at a convenient time.
