If you or a loved one have suffered a brain injury or brain damage as a result of medical negligence by a healthcare professional, such a doctor, you could make a brain injury claim.
In this guide we look at how one of our solicitors could help you to make a medical negligence claim. We answer medical negligence FAQs such as when are you eligible to make a brain injury compensation claim, how could negligence cause brain damage and at how much compensation you could claim. We also look at whether you could claim on behalf of another person.
Our solicitors are experts in claiming compensation for those harmed by negligent medical treatment. They can help to guide you through the medical negligence claims process and will deal with your claim with sensitivity and understanding.
Contact our team today to begin your claim for brain injury medical negligence.
- Speak to an advisor using the live chat below.
- Call us today on 0800 652 3087.
- Fill in our contact form to start a claim online.
Jump To A Section
- What Are The Different Types of Brain Injury?
- Can I Make A Brain Injury Claim Due To Medical Negligence?
- How Can A Brain Injury Be Caused By Medical Negligence?
- Can I Claim For Brain Injuries On Someone Else’s Behalf?
- What Does Brain Damage Compensation Cover?
- How Much Compensation For Brain Injuries?
- What Is A No Win No Fee Brain Injury Claim?
- Read More About Medical Negligence Claims
What Are The Different Types of Brain Injury?
The brain is a highly complex organ. It is made up of different types of nervous tissues and is responsible for controlling many of the different functions in our bodies. If the brain is damaged, the impact can vary widely.
Brain injuries can affect people in many different ways and there are many different types or degrees of brain injury. Broadly, these fall into two categories.
- Acquired brain injuries. An acquired brain injury is one which has happened since birth. They may include those caused by a lack of oxygen during childbirth leading to cerebral palsy.
- Traumatic brain injuries. A TBI is a brain injury which is caused by a blow to the head. Such injuries must be diagnosed and treated immediately. If a doctor misdiagnoses an TBI, the patient may not get the necessary treatment soon enough.
Types or causes of brain injuries you could claim for may include;
- A birth brain injury.
- Cerebral Palsy or Erb’s Palsy.
- A brain aneurysm.
- Meningitis.
- A stroke, such as a subarachnoid haemorrhage.
- A subdural haematomas.
A brain injury could cause symptoms such as the loss of movement or speech. Brain injuries can also impact your memory, ability to concentrate and to live your life as you did prior to the injury.
If you or a loved one have suffered a brain injury due to negligent medical treatment, our team could help you. Contact us to make a brain injury claim.
Can I Make A Brain Injury Claim Due To Medical Negligence?
In order to make a brain or head injury compensation claim you need to show that a medical professional has acted in a way which is negligent.
All medical professionals and service providers (such as doctors, hospitals and others) have a duty of care to their patients. To meet their duty of care, they must ensure that they meet the minimum standard of care expected.
To make a brain injury claim you must show that;
- The medical professional, hospital, GP surgery or other service provider owed you a duty of care.
- This duty of care has been breached.
- You suffered an injury which could have been avoided.
Our team could assess whether you have a valid brain injury claim. If they think that you do, you could be connected with a specialist solicitor.
How Can A Brain Injury Be Caused By Medical Negligence?
As we have seen earlier in this guide, there are many different types of brain injury. There are also different ways in which negligent treatment could lead to a brain injury.
Below, we look at some examples of how negligent medical care could cause a brain injury.
- A midwife could make negligent errors during the delivery of a child which causes them to be starved of oxygen during the birth process.
- A doctor may prescribe the wrong dosage of a medication. Prescribing too high a dosage of some medications could cause a brain injury.
- Complications during general anaesthetic could lead to blood oxygen levels being too low and a patient suffering brain damage.
- A doctor could fail to diagnose the symptoms of a stroke, causing treatment to be delayed and a person to suffer serious injuries.
If the cause of yours (or your loved ones) brain injury is not listed above, don’t worry. These are just some examples of potential causes.
Contact our team today to find out if you could make a brain injury compensation claim.
Can I Claim For Brain Injuries On Someone Else’s Behalf?
In order to claim for brain injury medical negligence, you must be over the age of eighteen and have the mental capacity to make decisions on your own behalf.
Where a person is under the age of eighteen or lacks sufficient mental capacity, another person may need to claim on their behalf. If your loved one, such as a child, suffered a brain injury due to medical negligence, you could claim on their behalf.
To make a child brain injury claim or a claim for a person with diminished mental capacity, you will need to be appointed as a Litigation friend. You must make an application to the court to do so. The court will want to see that you are a suitable adult, such as a parent, guardian or even a solicitor. The court will also need to see that you do not have any conflict of interest.
If a brain injury compensation claim is not made by the child’s 18th birthday or if the claimant regains enough mental capacity, they have 3 years in which to initiate court proceedings.
A brain injury solicitor could help you understand what duties a litigation friend has and could help you make a birth injury negligence claim.
Get in contact with our team today to learn more about making a brain injury claim on behalf of another person.
What Does Brain Damage Compensation Cover?
Damages in brain injury compensation claims can be split into two categories. The first is compensation awarded for your injury as well as your pain and suffering. This is called general damages. We will look at how this may be calculated in the following section.
You may also be awarded special damages. Special damages are awarded for the indirect effects that a traumatic brain injury may have.
Examples of special damages which could be awarded for a brain injury may include;
- Lost income and earnings. This can include both past and future earnings. A brain injury may mean that a person has either a reduced ability to work, or is unable to do so at all.
- Medical costs. The person may require medical care which is unavailable through the NHS.
- The cost of care in the home or a care facility. The injured person may require extensive care and may be completely reliant on care and support.
For an assessment of what special damages could be awarded in your brain injury compensation claim, please contact our team.
Next, we will look at how brain damage compensation awarded for your pain and suffering may be calculated.
How Much Compensation For Brain Injuries?
There is not a set amount of brain damage compensation which may be awarded. How much compensation you could claim for a brain injury will depend on several factors. These include;
- The type of brain injury sustained, such as a traumatic brain injury.
- How severe the brain injury is. What impact it has, such as loss of speech or the inability to carry out day-to-day tasks unaided will also be taken into account.
- The prospect for recovery, including how long this may take. Will the injured person be left with long-term disabilities as a result of the medical negligence.
- The wider impact on your finances as well as other parts of your life.
This means that the exact amount you could be eligible to claim will depend on your unique circumstances.
When estimating how much compensation may be awarded in a brain injury claim, your solicitor may refer to the Judicial College guidelines or JCG. The JCG sets out guidelines on how much may be awarded in damages for different types of harm.
In rows 2-10 of the table below we use figures from the JCG to show how much compensation may be awarded. The first row highlights what could be awarded for the harm you suffered and special damages combined.
| Harm | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple serious forms of harm. Including special damages | Serious to severe | Multiple injuries with special damages. | Up to £25,000,000+ with special damages. |
| Brain damage | Very severe - A | The person may be able to follow some basic instructions. | £344,150 to £493,000 |
| Brain damage | Moderately severe - B | The person is left severely disabled and dependent on others. | £267,340 to £344,150 |
| Brain damage | Moderate - C - i | The person has severe changes to personality and intellectual deficit. | £183,190 to £267,340 |
| Brain damage | Moderate - C - ii | The intellectual deficit is moderate to modest. | £110,720 to £183,190 |
| Brain damage | Moderate - C - iii | Memory and concentration have been affected. The person has a reduced ability to work. | £52,550 to £110,720 |
| Brain damage | Less severe - d | The person may have similar problems to moderate levels of harm, but will make a good level of recovery. | £18,700 to £52,550 |
| Brain damage | Minor - E | Any brain damage present will be minimal. | £2,690 to £15,580 |
| Epilepsy | Established Grand Mal - A | An established grand mal epilepsy. | £124,470 to £183,190 |
| Epilepsy | Established Petit Mal - b | Factors such as whether attacks can be controlled by medication may be taken into account. | £66,920 to £160,360 |
Our team could assess your brain injury compensation claim and estimate how much your medical negligence claim may be worth.
For more more information on how to claim for harm caused by medical negligence, contact us today,
What Is A No Win No Fee Brain Injury Claim?
If you are considering making a brain injury claim you may be concerned with the cost of doing so. Working with a solicitor specialising in traumatic brain injury compensation claims could potentially be expensive. Some solicitors may charge upfront fees or ask you to make payments towards their services whilst conducting your claim.
Our specialist solicitors could help you to claim for brain injuries through a Conditional Fee Agreement, or CFA. A CFA is a type of No Win No Fee agreement. This means that by claiming with one our brain injury solicitors, you could claim without needing to worry about upfront or ongoing payments.
If your claim against a negligent doctor is successful, your solicitor will deduct a success fee. This fee is deducted from compensation. The amount deducted will be a pre-agreed percentage, which will be set out in the CFA. The percentage which could be charged is legally capped.
If your claim for negligent treatment is not successful, there will be nothing to pay for the specialist solicitors services.
Our medical negligence solicitors have a wealth of experience in helping people to claim for brain injury medical negligence. They have the experience and expertise to help you make a successful claim.
To make a brain injury claim on your own behalf, or to claim for another person, such as in child brain injury claims, please contact our team. We are on hand and ready to help you.
- Phone our team of advisors on 0800 652 3087.
- Start a claim online using our contact form.
- Use the live chat on this page to talk to our team.
Read More About Medical Negligence Claims
Below you can find further relevant resources from across our site. We have also included additional external resources we think could be helpful to those impacted by brain injuries.
- In this guide we look at how misdiagnosis negligence could impact the diagnosis of conditions, such as brain injury.
- If a doctor prescribes the wrong medication you could make a compensation claim.
- If you need to complain about medical negligence our guide helps explain the process.
Additional resources
- You can learn more about a traumatic brain injury in this NHS resource.
- The Child Brain Injury Trust provides help and support to the families of children impacted by a brain injury.
- Headway is a charity which provides help and support to those with a brain injury.
Thank you for reading our guide on making a brain injury claim. If you have any further questions about how a No Win No Fee solicitor could help you or how the claims process works, please contact our team.
