CLAIMING FOR BRAIN INJURY CAUSED BY MEDICAL NEGLIGENCE

Yes. Delayed diagnosis is one of the most common forms of brain injury medical negligence. If a healthcare professional failed to identify the signs of a stroke, brain haemorrhage, meningitis, or another neurological emergency in a timely manner, and that delay directly caused or worsened a brain injury, you may have a valid claim. Our solicitors will investigate the timeline of your care and instruct independent neurological experts to establish what should have happened and when.

A traumatic brain injury (TBI) is caused by an external force, such as a blow to the head. An acquired brain injury (ABI) is any brain injury that occurs after birth that is not hereditary, including those caused by oxygen deprivation, infection, or surgical error. Medical negligence claims most commonly involve acquired brain injuries — for example, a hypoxic brain injury caused by an anaesthetic error, or brain damage resulting from a delayed diagnosis of meningitis. Both types of injury can give rise to a negligence claim, provided the injury was caused or worsened by a breach in the duty of care owed by a healthcare professional.

Yes. Where a person lacks the mental capacity to bring a legal claim themselves (which is common in cases of severe brain injury) a close family member or carer can act as their litigation friend and bring a claim on their behalf. There is no time limit on bringing a claim while the incapacity continues. We regularly support families in this position and can guide you through the process with care and sensitivity.

Brain injury compensation varies significantly depending on the severity of the injury, its long-term consequences, and the full extent of your financial losses. Serious brain injury claims, particularly those involving permanent disability, loss of employment and significant care needs can result in very substantial awards. Compensation is divided into general damages (for pain, suffering, and loss of amenity) and special damages (for financial losses including lost earnings, care costs, rehabilitation, and home adaptations). Our specialist solicitors work with a range of independent experts to ensure every aspect of your claim is properly valued.

Yes. If the negligence occurred in an NHS hospital, GP surgery, or other NHS setting, your claim will typically be brought against the relevant NHS Trust or, in the case of a GP, NHS Resolution. Making a claim against the NHS is the same legal process as any other medical negligence claim. Successful NHS brain injury claims are handled through NHS Resolution and, where necessary, through the courts. Holding the NHS to account can also lead to improvements in clinical practice, helping to prevent similar injuries in the future.

Your medical records will be the foundation of any claim. With your permission, we obtain these directly from the relevant healthcare providers. We will also instruct independent medical experts. These are typically neurologists, neuropsychologists and where appropriate care and employment specialists. Alongside these specialists, we’ll review the records and provide expert opinion on the standard of care you received and the impact of the negligence. You do not need to gather this evidence yourself; our team handles the full investigative process on your behalf.

Your medical records will be the foundation of any claim. With your permission, we obtain these directly from the relevant healthcare providers. We will also instruct independent medical experts. These are typically neurologists, neuropsychologists and where appropriate care and employment specialists. Alongside these specialists, we’ll review the records and provide expert opinion on the standard of care you received and the impact of the negligence. You do not need to gather this evidence yourself; our team handles the full investigative process on your behalf.

Brain injury claims are among the most complex in medical negligence law, and it is important to be realistic about timescales. Straightforward cases may settle within 12 to 24 months, but cases involving serious or catastrophic brain injuries (where the long-term prognosis is still emerging and multiple expert disciplines are involved) can take considerably longer. Our approach is to seek an early admission of liability and request interim payments as soon as possible, so that your rehabilitation and care needs can be met without waiting for the case to conclude.

In most cases, you have three years from the date you became aware that the brain injury may have been caused by negligence. However, there are important exceptions: children have until their 21st birthday to bring a claim, and where the injured person lacks mental capacity, no time limit applies for as long as that incapacity continues. We strongly recommend getting in touch as soon as possible so that evidence can be preserved and the strongest possible case can be built.

Birth-related brain injuries are a specialist area of medical negligence law. They can arise from a wide range of failures, including delayed emergency C-section, improper use of delivery instruments, failure to respond to signs of foetal distress, and inadequate management of oxygen deprivation during labour. If your child suffered a brain injury at birth, including conditions such as hypoxic-ischaemic encephalopathy (HIE) or cerebral palsy, you may have grounds for a claim. Because the injured person is a child, the three-year limitation period does not begin until their 18th birthday. Our team has extensive experience in birth injury claims and will support your family throughout the process.