Brain injury medical negligence claims explained
Suffering a brain injury can have a devastating impact on an individual’s life, potentially affecting their mobility, personality, memory and speech. While some brain injuries are unavoidable, others may have been caused by negligent medical care. If you believe this has happened to you or a loved one, you may have grounds to pursue a clinical negligence claim.
What is a brain injury medical negligence claim?
Every healthcare provider owes a duty of care to their patient. Brain injury medical negligence arises when this duty of care is breached, which directly causes or worsens a brain injury. In order to make a successful claim, you must be able to prove that the following occurred:
- Breach of duty – You must demonstrate that the medical professional’s actions fell below the accepted standard of care, meaning a competent doctor would not have treated you in the same way
- Causation – This breach of duty must have a direct link to the brain injury; it should either be the main cause or a significant contributing factor
- Damages – You must show that the injury has caused you significant harm (physical, emotional, or financial). This may include pain and suffering, lost income and costs of ongoing care and rehabilitation.
Examples of medical negligence leading to brain injury
There are a range of ways that medical negligence could cause a brain injury. Examples include:
- Delayed or missed diagnosis – Failure to promptly diagnose serious conditions such as a stroke, meningitis or sepsis
- Surgical errors – Mistakes during surgery such as oxygen deprivation due to anaesthesia errors or accidental damage to brain tissue
- Misinterpretations of test results – Missing the warning signs of a serious condition that required treatment
- Failure to manage intracranial hypertension – Increased pressure inside the skull must be carefully managed or it can cause permanent brain damage
- Inadequate treatment of infections – Failure to treat infections like encephalitis can lead to brain inflammation and injury.
Time limits for making a claim
As with all medical negligence cases, you usually have three years to make a claim. This limitation period begins either on the day of the negligent act or the date that you first became aware of the injury. If the injured person lacks mental capacity, there is no time limit to make a claim.
For minors, the three-year limitation period does not begin until they turn 18, so they have until they are 21 to make a claim. A responsible adult can also make a claim on a child’s behalf while they are still a minor.
How Attwaters Solicitors can help
We understand how overwhelming it can be to deal with the effects of a brain injury, both for the injured person and their family. Our team of experts has extensive experience in successfully achieving compensation for neurological negligence claims. We will offer jargon-free advice and support you every step of the way.
If you would like to discuss a potential claim, please do not hesitate to get in touch with our Medical Negligence team on 0330 221 8855 or enquiries@attwaters.co.uk.
