Brain Injuries Caused by Medical Negligence

We are very conscious of the fact that in the UK we are lucky to have one of the finest health systems in the world thanks to no small part to the hard-working professional medical and support staff. Unfortunately sometimes things go badly wrong leaving you baffled and bewildered. We are here to help you put your life back together again. In practical terms we will among other things help you get rehabilitation as soon as possible, and we will help alleviate your financial worries that you may have now such as help with paying the mortgage, household bills, council tax, etc.

‘Medical negligence’ refers to situations where medical intervention in the treatment of a patient has caused harm to the patient.

Medical providers owe a duty of care to their patients. Within the National Health Service (NHS), it is the medical practitioner’s employer, normally an NHS Trust, rather than the individuals themselves which are deemed to hold this duty of care.

The Government has founded a centrally funded pool of resources to cover any successful compensation claims made against the NHS. These claims are contested on behalf of the Secretary of State by the NHS Litigation Authority (NHSLA). Any claims against GPs and other primary care professionals are dealt with by a number of medical defense organisations, and not by the NHSLA.

A growing number of medical negligence cases are reported every year. According to the NHSLA Annual Report and Accounts for 2012 there have been 14,171 claims closed, which is 13% more than 2011 and 40% higher than 2009. The average time to resolve a claim currently is under 16 months.

If you suspect you have suffered injury as a result of medical negligence contact Compensation Solicitors Online and we will help you put your life back together.

TYPES OF MEDICAL NEGLIGENCE CLAIMS

It is possible to make a claim against anyone providing service below the required professional standard of care. Some examples include:
Accident & Emergency Negligence Claims
Amputation Negligence Claims
Anaesthetic Errors Claims
Birth Injury, Pregnancy and Gynaecology Claims
Brain Injury Compensation Claims
Cancer Claims
Care Home Negligence Claims
Cerebral Palsy Claims
Children Claims
Cosmetic Surgery Claims
Deep Vein Thrombosis (DVT) Claims
Defective Medical Products, Drugs or Medicines Claims
Dental Negligence Claims
Elder Abuse Claims
Erb’s Palsy Claims
Eye Related Claims
Facelift Surgery Claims
Fatal Claims and Inquests
General Medical Problems Claims
GP and Community Health Negligence Claims
Misdiagnosis Claims
Hospital Acquired Infection Claims
Hospital Negligence Claims
Infection Damage Claims
Medication Prescription Negligence Claims
Mental Health Claims
Nerve Injury Claims
Orthopaedic Claims
Pressure Sore Claims
Spinal Injury Claims
Surgery Negligence Claims
Third Degree Tears Claims
Weight Loss Surgery Claims

BRAIN INJURIES CAUSED BY MEDICAL NEGLIGENCE

The brain, more than any other part of us, defines our individuality. A brain injury typically affects your behaviour and personality, cognitive processes and abilities, and physical condition.

By definition, a brain injury is caused at least initially by outside force. However, it may also be caused by further complications such as damage caused by lack of oxygen, and rising pressure and swelling in the brain.
Brain injury is a major cause of morbidity and mortality in all age groups. Currently, there is no effective treatment to reverse the effect of the primary brain injury sustained, and treatment is aimed at minimising secondary brain injury.

At the least estimate, 1 million people in the UK living with long-term effects of brain injury.
-558 UK residents per 100,000 sustain a brain injury.

Some of the main causes of brain injury resulting from medical negligence include:

Birth asphyxiation:

lack of oxygen during birth may result in cerebral palsy – please see our Serious Injuries section for more information on our Cerebral Palsy dedicated page.

Brain damage caused during surgery:

the brain may be damaged during a head or brain operation. Furthermore, brain damage may be caused by receipt of insufficient oxygen to the brain. The lack of oxygen can be caused by problems with the oxygen supply to the patient or by the patient suffering a cardiac arrest (heart attack).

Misdiagnosis or delayed treatment of a medical condition:

brain damage can be caused by misdiagnosis or delayed treatment of a medical condition, such as: brain tumour, brain haemorrhage, stroke, epilepsy, meningitis or encephalitis.

Overdose of medication:

brain damage can be suffered in cases where too high doses of medication are prescribed.

The effects of a brain injury may differ depending on the type, location and severity of the injury. They may generally be defined as cognitive effects, communication problems and emotional and behavioural effects.

REHABILITATION

The purpose of brain injury rehabilitation is to reduce disability by optimising your functioning through either the enhancement of your skill set or the modification of the environment in which you must function. In more simple terms, rehabilitation aims to aid the brain in learning alternative ways of working in order to diminish the long-term impact of the injury. Furthermore, rehabilitation helps you and your family to manage successfully any remaining disabilities.

Recovery after a brain injury is a lengthy process and usually takes months or years. Furthermore, psychological recovery may take considerably longer than physical recovery.

Brain injury rehabilitation includes three aspects:

Inpatient rehabilitation:

an intensive specialist rehabilitation which usually takes place in a neurological rehabilitation centre if you are not yet ready to return home after you have been discharged from the hospital.

Outpatient rehabilitation:

if you return home you can receive outpatient rehabilitation at your local hospital or rehabilitation centre.

Community rehabilitation:

you may be accommodated at a residential transitional living unit where you will be given the opportunity to develop your independent living skills. Alternatively, you may return home and use the help of a community rehabilitation team or outreach team in pursuance of the same goal.

Typically, an effective rehabilitation programme will include a team of specialists who will take care of the different aspects of your injury and needs. Such a team may involve:
Nurses;
Doctors;
Physiotherapists;
Occupational therapists;
Clinical neuropsychologist;
Social worker;
Speech and language therapist.

CONTINUING CARE

If you no longer require intensive rehabilitation but you are unable to return home, you may require residential care. This may be long-term or intermediate care, depending on your condition. NHS funding may be available to cover care home fees, completely or partially.

Alternatively, if you have already returned home you and your family may be entitled to some available home care services, such as:
Help with bathing and washing;
Help with getting up and going to bed;
Help with shopping;
Help with managing finances;
Help with cleaning, cooking and tidying the house;
Adaptations to the home;
Provision of meals by home delivery or at a day centre or lunch club;
Provision of recreational, educational and occupational activities;
Help with transport and costs of transport;
Respite care: a break from caring by short term care home accommodation or a temporary paid carer.

We will be able to advise you on your options and support you in making an informed decision.

HOW DOES A BRAIN INJURY AFFECT YOU

Head and brain injuries are serious injuries which may be very severe and typically affect your whole way of living: work, family life, education, social life, day to day living. Moreover, a serious head injury may lead to lasting and even permanent physical problems. Expert advice and support is crucial in going through the trauma of suffering such an injury and in ensuring that you can move on having a full life.

YOUR CLAIM

In simple terms, this is a step-by-step outline of how your medical negligence claim will progress:
1. Contact Compensation Solicitors Online for a free assessment of your claim. We will arrange for an initial screening of your claim with a specialist barrister and/or medical expert. If we believe that you have grounds for a claim, we will be happy to represent you on a No Win – No Fee basis (CFA).
2. You should try to collect all the evidence which proves that a medical professional is to blame for your injury.
3. You should keep a record of all your medical documents (medical bills, doctors’ appointments, prescriptions, payment receipts). This will be used to prove your medical negligence injury and any related financial losses.
4. We will then instruct a medical specialist in the field related to your injuries to examine you. The information we obtain from the expert will be used for the purpose of showing that the person who has treated you has in his/her actions fallen below the professional standard of care, i.e. if a competent doctor were in the same situation, they would not have made the mistakes which led to your injuries. Furthermore, the expert will set out in his/her report your injuries and describe what the future holds as to your recovery or continued disability. This will be relevant when calculating your compensation value.
5. We will analyse all the information and draft a letter of claim and send it to the relevant insurance company/NHS trust. This letter will outline how the team was negligent and how this caused you to suffer your injury.
6. If the negligent party admits liability, we will try to settle your claim out of court and obtain the best compensation for your injuries.

REHABILITATION

It is our priority to ensure that you get the right medical/rehabilitative treatment as quickly as possible. This can make a real difference in your life.

TIME LIMITS

Generally, personal injury claims have a three year time limit i.e. court proceedings have to be issued at least one day before the third anniversary of the incident/breach or date of knowledge of incident/breach, otherwise they will be time barred  and you will no longer be able to pursue your claim. There are a few exceptions to this rule and the court does have some very limited discretion to extend the various time limits. You can still pursue a claim for personal injury after the third anniversary of the incident: you just have to make sure court proceedings have been issued before that third anniversary in order to do so. We will be happy to discuss this further with you. 

If you are a minor at the time of the accident, i.e. under 18 then the 3-year limitation date starts to run after you have turned 18. Furthermore, there also a complicated set of rules that allows the 3-years limitation date period to run from the date of knowledge of the incident. These rules normally apply to medical negligence cases where there may be a long latency period between the incident giving rise to your claim and your first suffering any symptoms and becoming aware of it. The rules on this are technical and we will, once again, be happy to discuss this in detail with you.  

FUNDING

There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a No Win – No Fee basis (also known as a Conditional Fee Agreement).

TIME

According to the NHSLA Annual Report and Accounts for 2012, the average time to resolve a claim is under sixteen months.

COMPENSATION

There are two parts to any compensation claim, consisting of two types of damages:

general damages

General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant’s enjoyment of life.

special damages

Special damages are the more variable part of the compensation and depend on individual circumstances. You may be able to recover:
Expenses relating to the cost of living with any disability;
Expenses to cover services provided by other people;
Increased accommodation costs;
Loss of earnings;
Medical expenses;
The cost of buying in care.
Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of medical negligence.

MAKE A CLAIM

If you would like to speak directly to one of our team you can either call us on 0208 203 4999 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.

WHY COMPENSATION SOLICITORS ONLINE?

Compensation Solicitors Online is a successful, well-established firm of solicitors that specialise in obtaining compensation for our clients. We are reliable and we have been running for over ten years.

We pride ourselves with frequent recommendations from our existing clients. This is due to the straightforward and professional manner in which we deal with our clients and their cases.

Moreover, our specialists in the area of Medical Negligence deal with such cases on a day-to-day basis. We possess the necessary experience and expertise to provide the best quality advice and support for you during your claim.

Contact us today and join the hundreds of satisfied clients whom we have helped in conducting their Medical Negligence and Personal Injury claims and obtaining thousands of pounds of compensation for them.

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