May 18, 2021

Delayed Diagnosis Of A Brain Injury

The brain along with other components of the Central Nervous System control all bodily activities. Any injury to the brain no matter how little it may seem initially, can be debilitating or fatal and as such must be handled expertly professionally. It is even more traumatizing for the patient if the condition is negligently handled or not diagnosed early enough thus worsening the medical condition which may need longer or more aggressive treatment from which the patient may not totally recover or may eventually lead to death.

Head and brain injuries could come in form of concussion, cerebral palsy, brain aneurysm, meningitis, stroke, ruptured blood vessels leading to a blood clot (haematoma), heavy bleeding (haemorrhage), swelling of the brain or diffuse axonal injury.

If you or your loved one has suffered from medical misdiagnosis for any brain injury in the NHS, you are entitled to make brain injury claims; our medical negligence experts will guide you on how to sue the NHS for NHS negligence claims and get you that life-sustaining brain injury compensation you deserve.

Suing the NHS for head injury claims or any form of medical negligence claim can be a very long and daunting process, and for this reason many potential clients do not wish to seek the redress they are entitled to. For this reason, we provide you with the best solicitors with many years of experience in brain injury claims who will be dedicated to making the process much easier for you and get you the best possible compensation value. This will be done on a No Win No Fee basis so that you wouldn’t have to worry about paying upfront legal fees.

Brain Injury Medical Negligence:

Brain injury medical negligence refers to brain injuries suffered as a result of missed diagnosis or delayed diagnosis or errors done while treating a medical condition due to the negligence of the doctor or medical practitioner. The injuries here wouldn’t have occurred neither would the medical condition have become worse if the situation had been handled professionally according to medical standards.

Brain injuries can be mild, minor, moderate, less severe, moderately severe or very severe and can cause lifelong debilitating physical disabilities (such as strokes, cerebral palsy, meningitis or brain aneurysms), coma's or death.

  • Medical negligence leading to delayed diagnosis of brain injury for which you can make a medical claim include:
  • When there is a missed diagnosis, initial wrong diagnosis and delayed treatment of a stroke which may cause the patient lifelong disabilities and reduced life expectancy among other severe impacts.
  • Missed or delayed diagnosis of viral infections like the meningitis causing more serious brain injury.
  • Delayed diagnosis of brain aneurysm resulting in stroke which may lead to debilitating and lifelong disabilities including mobility and speech problems.
  • Delayed diagnosis and treatment mismanagement of a blood clot from a ruptured blood vessel or brain swelling which could be fatal.
  • Failure to monitor a child during childbirth where insufficient oxygen supply to the brain can cause cerebral palsy.
  • Surgical errors including errors in administration of anaesthesia which may cause a brain injury. Such injury may get worse, needing a more invasive treatment approach.

A Case Study of Brain Injury Delayed Diagnosis

A patient suffering from meningitis was taken to the hospital where her condition was poorly managed. There were a series of delays in carrying out required tests and she wasn’t informed of the outcome of the tests. She was only prescribed some drugs. After a few months, the condition was worse and she was rushed to the hospital for a lifesaving brain surgery where she eventually lost her sight.

Making a Claim for Delayed Diagnosis Of A Brain Injury

At NHS Negligence Claims, we understand that the effects of a brain injury can be very traumatizing, debilitating and impact adversely on the quality of life of our clients and so we appoint for you a specialist brain injury compensation lawyer to understand you, the complexities surrounding your case, help you gather the evidence you need to prove a medical negligence claim and win you a deserved brain or head injury compensation. Although the compensation may not reverse the impacts of the injury or damage or bring back a loved one back to life (in event the victim dies as a result of the case), but it can help you access the much needed therapies, pay for medical appointments, purchase mobility aids or other assistive devices to improve your quality of life or provide you with financial support you in case you were dependant on the deceased.

To prove a medical negligence claim of delayed diagnosis, it must be established that the medical practitioner owed you a duty of care, the care received was substandard and the harm suffered was wholly caused by the negligent care, action or inaction of the medical personnel.

We would help you gather the needed documents to present a strong case of medical misdiagnosis such as

Detailed statements of your medical condition, the doctor that attended to you, the diagnosis made, the treatment received, the complications arising from the treatment, why you think it was as a result of medical negligence as well as other relevant information.

  • Detailed statements of your medical condition, the doctor that attended to you, the diagnosis made, the treatment received, the complications arising from the treatment, why you think it was as a result of medical negligence as well as other relevant information.
  • Medical records and results including scans
  • Statements of witnesses
  • Evidence of Financial losses suffered as a result of the injury
  • Reports from an independent medical examiner

The Value Of Award You Receive will depend on several factors including - the severity of the injury suffered and impact on quality of life, financial losses incurred, future estimated financial losses and time required to make full recovery if possible.

Steps To Making NHS Compensation Claim For Delay Diagnosis Of Brain Injury

Several clients have asked “How Do I Sue A Hospital For Medical Negligence?"

If you believe that the harm suffered was a result of medical negligence, then you can start by writing a formal letter of complaint to the NHS Complaints panel, or the GP/ Doctor relevant to the case. This should be done within 1 year of the event or within 1year after you first discovered the negligent treatment. You can send the letter of complaint yourself or we can assist you do this.

Complaints do not result in compensations as do claims but they can help you gather the facts you need to make a claim. The hospital will make their own findings and issue a response which will be reviewed by our legal team. Then we can proceed to make a claim based on the evidence gathered.

When suing the NHS, the NHS Resolution usually acts as the Defendant and in most cases, claims are settled out of court with the claimant either compensated or dropping the case entirely. However, if the Defendant refuses liability, the case would end up in court. Less than 2% of cases brought before NHS Resolution end up in a trial.

No Win No Fee Delay In Diagnosis of Brain Injury Claims

Contact Us today at NHS Negligence Claim to make necessary enquiries about how to make your NHS compensation claims. We offer all brain injury compensation claims under No Win No Fee Agreements. This means that you don’t have to be scared about making upfront legal fees before investigations on your case can commence. If your claim is successful, the Defendant will pay the legal costs incurred in the course of the case, while you will pay a success of 25% from the value (of your General damages and Past Financial losses) of your compensation award according to Government policy.

Time Limit For Making Delayed Diagnosis Brain Injury Claims

According to legal rules for medical negligence claims, you have up to three years to make your medical claims. It is important to do this as early as possible as evidence could tend to become obscure as time passes. This three-year time limit begins from the day of the negligent treatment or from the first day you discovered the negligence.

The exceptions to this rule
  • In a case where the claimant is mentally unable to make a claim. If this condition is temporal, the three-year limit only begins to run when mental capacity is regained.
  • Where the victim dies, the three-year time frame starts from the date of death
  • For a child, the three-year period only begins to run from their 18th birthday.

Why Choose Us?

We have specialist medical negligence solicitors who are accredited under the Law Society Clinical Negligence Panel and who would handle your case professionally and do their very best to secure the best possible compensation award. You can count on us to provide you with the needed legal support and guide you throughout the process to ensure it remains stress-free for you.

Reach out to us today and you can be confident that your delayed diagnosis brain injury claim will be handled competently.

No Win No Fee Medical Negligence Solicitors

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