Most brain injury claims can be dealt with on a No Win No Fee basis. At Co-op Legal Services this means that if your claim is not successful, there is no financial risk to you as all your legal fees will be covered*. As part of the Co-op Group, our values of openness, honesty, social responsibility and caring for others are core to the service we provide.
Types of Brain Injury Claims
There are a number of types of medical negligence claims that involve brain injuries, for example claims relating to the diagnosis and treatment of sub-arachnoid haemorrhages, subdural haematoma, stroke, aneurysm and meningitis.
Common types of brain injury are hypoxic brain injury, which occurs when the brain does not get enough oxygen; and traumatic brain injury which occurs when an external force causes injury to the brain.
An acquired brain injury is a brain injury that has been caused since birth. Depending on the cause of the brain injury, brain function can be temporarily or permanently impaired. Common problems following brain injury include fatigue, depression, memory problems, language problems, concentration problems, personality changes, reduction in mobility, weakness, paralysis and epilepsy.
At Co-op Legal Services you can speak to a Medical Negligence Solicitor who can review the information you provide and offer free initial legal advice.
Brain Injury Compensation
The main purpose of brain injury compensation is to, as far as possible, put the injured person back in the position they would have been in had the negligence not happened. Typical factors that affect the amount of compensation awarded are:
- The severity of injury to the brain
- Whether the injury is permanent
- Whether further medical treatment is required
- Impact of the injury – loss of independence, current and future care needs
- Ability to return to work
- Loss of earnings, income and any other financial losses.
Every brain injury claim is unique. As part of each brain injury claim that we take on, your Medical Negligence Solicitor will investigate what amount of compensation, in addition to compensation for the injury, should be recovered for the person who has suffered.
Whist it is often not possible to completely put things right for the person who suffered brain injury, with compensation and assistance from independent medical experts, carefully thought out adaptations to home and work environments, rehabilitation treatment and/or care packages; can help to improve the injured person’s quality of life and restore some independence.
Your Medical Negligence Solicitor will also work to secure early Interim Payments (payments made during the course of the case on account of compensation), where possible, to implement any recommendations made by the medical experts as quickly as possible.
Brain Injury Negligence Case Example
Below is an example of brain injury case**, which whilst Co-op Legal Services was not involved with, demonstrates how earlier diagnosis would have led to earlier treatment and a full recovery.
The Case of Ms M
Ms M was aged 16 when she started complaining of headaches along with vomiting, tinnitus and double vision.
Ms M sought medical advice from her GP who initially treated her for migraine. Her GP arranged a CT scan which was reported as normal. Over the next 6 months her symptoms continued and her headaches became more severe and her vision further deteriorated. Her GP suspected her symptoms were as a result of increased pressure in the brain (benign intracranial hypertension) and, 6 months after the CT scan, referred her to a specialist Eye Hospital.
Ms M subsequently underwent a repeat CT scan which demonstrated no changes from the previous scan.
Ms M attended a neurology clinic on 3 occasions over the space of 5 months before being admitted to hospital, due to further visual deterioration. An MRI scan was performed which revealed the presence of a blood clot in one of the sinuses which drain blood from the brain. The blood clot was causing the build-up of pressure around the brain. Ms M remained very ill in hospital and her vision deteriorated further. She eventually underwent a procedure to divert spinal fluid (lumbar peritoneal shunt insertion) 19 days after the MRI scan. Ms M was left with permanent impaired vision and a divergent squint which required further surgery. The lumbar peritoneal shunt also had to remain in place.
As a result of her injuries, Ms M was unable to obtain paid employment. Given her visual impairment, she required adapted living accommodation and support from her family, case manager and support worker to assist with personal care, grooming, cleaning, shopping, communication and other domestic activities.
Ms M instructed Medical Negligence Solicitors to investigate whether the care provided by the Hospital Trust responsible for the Neurology Clinic had been of an acceptable standard. The conclusion of her Solicitors’ investigation was that an MRI scan should have been performed 2 months earlier and this would have led to an earlier diagnosis. Earlier diagnosis would have led to earlier treatment and Ms M would have made a full recovery.
*Subject to entering into and complying with the terms of a No Win No Fee Agreement and taking out and complying with the terms of an After The Event insurance policy (when appropriate).
**Case reported in the Personal Injuries Quantum Database of LexisNexis.
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