Brain injury medical negligence claims
Helping people affected by brain injury secure the support they need for the future.
Our brain injury solicitors have secured millions of pounds in compensation to help change the lives of children, teenagers and adults with severe physical, cognitive, neurological and neurodevelopmental disability from cerebral palsy, neonatal brain injury, traumatic and acquired brain injury.
We obtain substantial interim payments and outstanding compensation settlements which provide the practical and financial support that our client families need to care for their injured family member, and provide the adapted home, specialist equipment, therapies and care that they need, now and in the future.
If your brain injury claim relates to a head injury caused by an accident on the road, at school, at leisure or at work, our specialist head injury lawyers can help.
- Nationally recognised medical negligence specialists with decades of experience
- Access to leading medical experts and rehabilitation professionals
- Proven track record of securing life-changing compensation for families
- Dedicated support from initial enquiry through to settlement
- No upfront costs and claim through a no win no fee agreement
Brain injury claims
Neonatal brain injury claims
Jaundice and kernicterus brain injury claims
Sodium valproate
Meningitis claims
Cerebral palsy
Cardiac and heart negligence
Anaesthetic negligence
Birth injury
Starting your brain injury medical negligence claim
For more than 30 years, Boyes Turner’s brain injury solicitors have helped rebuild the lives of clients whose brain injury was caused by medical mistakes, or where negligent medical care significantly increased our client’s disability. Nothing can prepare the family of a brain-injured child, teenager or adult for the physical, emotional and financial hardship that follow a severe brain injury. Our clients have suffered sudden, life-changing and often catastrophic disability which leaves them dependent on others for their most basic care and routine daily activities.
You can contact us for free, confidential advice from a medical negligence solicitor. We will ask you to tell us briefly about your own or your family member’s medical care and injury, and advise you about any time limits and whether we can help you investigate your claim. Once our investigations confirm you have grounds for a claim, we will notify the defendant healthcare provider (usually represented by NHS Resolution) on your behalf and invite them to respond, giving them an opportunity to admit liability (responsibility for your injuries) before court proceedings are issued.
If liability is admitted, we will obtain a judgment from the court and apply for a substantial interim payment to meet your needs arising from your child or family member’s injury and disability. If NHS Resolution deny liability, we will advise you about the best way to proceed your claim. This may involve issuing court proceedings or inviting NHS Resolution to enter into settlement negotiations or mediation.
No win, no fee
No hidden or upfront costs. Clear, straightforward advice. Nothing to pay unless your claim is successful.
Over 30 years’ experience
We have helped thousands of clients claim compensation.
Fully regulated
Authorised and regulated by the Solicitors Regulation Authority.
Brain injury negligence claims FAQs
What is brain injury negligence?
Brain injury negligence claims arising from medical negligence commonly involve mistakes in maternity, neonatal, anaesthetic or medical care which cause permanent damage to the brain and severe or catastrophic disability or loss of function. Brain injury can also be the result of negligent responses to medical emergencies, such as heart attacks, strokes, brain haemorrhage, infection and sepsis or trauma, which may lead to cardiac or respiratory arrest, vital organ failure or damage to the brain.
Scientific understanding of the full effect of brain injury negligence in some areas of healthcare is still evolving, but in certain cases may lead to brain injury compensation claims, such as the long-term subtle effects of brain injury, such as autism/ASD and ADHD, or brain injury caused by teratogenic drugs in pregnancy, such as sodium valproate.
What are the effects of a brain injury?
The effects of a brain injury can vary from life-threatening or devastating physical disability, such as cerebral palsy, to more subtle or hidden cognitive, sensory or behavioural difficulties. Most people with brain injury experience a range of deficits and impairments which, combined, result in their unique disability and associated needs.
The effects of brain injury can include one or more of the following:
- physical disability and loss of function, such as gross or fine motor (movement) difficulties;
- difficulties with speech and language, feeding or swallowing;
- impaired cognitive or intellectual function and mental capacity;
- memory loss, personality and behavioural changes;
- sensory impairment, such as hearing loss, cortical blindness, or loss of smell and taste;
- neurological conditions, such as epilepsy, fits or seizures;
- coma, PVS (permanent vegetative state) or minimally aware state of consciousness;
- fatal injury (death).
What types of medical errors lead to brain injury compensation claims?
Most medical negligence claims, including those which relate to brain injury, involve one or more of the following errors:
- failing to recognise and manage a patient’s risk;
- failing to advise patients about risk and obtain informed consent to treatment;
- delayed or wrong diagnosis;
- delays or failing to refer the patient for specialist review or hospital treatment;
- delays or errors in treatment, medication or surgical technique;
- monitoring errors;
- failing to carry out, chase up or correctly interpret tests, investigations and scans.
What type of mistakes in maternity care lead to brain injury compensation claims?
Mistakes in maternity care during pregnancy, labour and delivery which lead to brain injury claims often involve:
- delays and failures leading to HIE (hypoxia, asphyxia, oxygen deprivation);
- hyperstimulation (oxytocin or syntocinon), VBAC and uterine rupture;
- traumatic injury from incorrect use of forceps or Ventouse suction;
- management of obstetric complications, such as:
- pre-eclampsia, placental abruption and obstetric haemorrhage;
- impaction of the fetal head;
- vaginal breech delivery;
- shoulder dystocia;
- complications of twin pregnancies, such as twin-to-twin transfusion syndrome (TTTS).
What type of mistakes in neonatal care lead to brain injury compensation claims?
Newborn babies can also suffer neonatal brain injury as a result of negligence relating to:
- intubation, resuscitation and ventilation (such as hypocarbia);
- cooling errors after HIE brain injury;
- meconium aspiration;
- neonatal collapse;
- jaundice, leading to kernicterus;
- hypoglycaemia;
- hyponatraemia;
- meningitis, sepsis, HSV (herpes simplex virus) or group B streptococcal infection (GBS);
- rhesus disease or haemolytic disease of the fetus and newborn (HDFN);
- VKDB – vitamin K deficiency bleeding.
What type of medical mistakes lead to adult brain injury negligence claims?
Brain injury medical negligence claims for adults often involve healthcare mistakes relating to:
- infection, (meningitis, sepsis, HSV/encephalitis, TB);
- surgery, anaesthesia, ventilation, anaphylaxis, perfusion errors;
- delayed diagnosis and treatment of brain tumours;
- intracranial bleeding and subarachnoid haemorrhage (SAH), aneurysm;
- venous thromboembolism (VTE) ,embolism, thrombosis, blood clots;
- medical emergencies such as heart attack, respiratory arrest and stroke.
How much compensation can I claim for a brain injury caused by medical negligence?
The amount of compensation that someone with a brain injury can claim depends on the type and extent of their injury and disability, their needs arising from their disability and their individual circumstances, so no two clients’ claims are ever exactly the same.
Our most severely disabled child clients, who have suffered cerebral palsy and severe neurological damage from birth injury or neonatal brain injury, may be totally dependent on others for their care and support with daily activities throughout their lives. They may be unable to walk, feed or look after themselves, or communicate with others. They may have impaired vision or hearing, or severe learning disability. Some may be physically disabled but have retained intellect which means they can study, work and live independently as long as they have support. Other people who have had a brain injury may appear independent but suffer from ‘hidden’ problems, such as memory and concentration issues, fatigue, sensory impairment or problems with behaviour. The impact of their injury may only emerge over time as they struggle with new situations, returning to school or work, or living independently.
Brain injury compensation claims are complex and must be handled by specialist solicitors with the expertise and experience to secure the compensation that will meet the individual client’s lifelong needs. Our medical negligence lawyers are top-rated specialists in severe brain injury and birth injury claims. We work with our client families and our experts to ensure that our brain-injured clients receive their full entitlement to compensation in the way that best meets their needs.
Depending on the injured person’s circumstances, their claim may include compensation for:
- pain, suffering and disability;
- costs of care and case management;
- costs of rehabilitation and therapies, such as:
- physiotherapy;
- occupational therapy (OT);
- speech and language therapy;
- hydrotherapy;
- psychological counselling;
- costs of private medical treatment or surgery;
- increased costs of suitable accommodation or home adaptations;
- loss of earnings and pension;
- adapted vehicles, specialist equipment and assistive technology;
- support for special educational needs (SEN) (if a child);
- Court of Protection and deputyship.
How is brain injury compensation managed and protected?
We understand that the families of our brain-injured clients may worry about how their vulnerable child or young adult will manage a large compensation settlement. Our clients are usually reassured to discover that there are many ways in which we routinely help protect our clients’ interim payments and settlements, to ensure that the money is used in the best way to meet their lifelong needs. Some of these ways include:
- asking the court to approve any settlement for a vulnerable client, to ensure that it is in their best interests;
- carefully negotiating settlements to ensure the best provision for the client’s lifelong needs, such as with guaranteed, index linked annual payments (PPO), so that money is always available for essential care;
- appointing a Court of Protection deputy to handle the legal requirements and administration involved in a ‘protected party’s’ compensation fund, and to provide quick access to appropriate funds when needed to pay for the client’s care and other needs arising from their disability;
- advising on personal injury trusts for clients who are not eligible for Court of Protection deputyship but want the protection of a trust to safeguard their money.
We can also help shield our most vulnerable clients from media reporting or others’ attention when they receive their compensation by securing a court order protecting their anonymity.
Learn more about how we protect our vulnerable clients or talk to one of our brain injury specialist solicitors.
Making a brain injury claim
We understand how daunting it can feel to take the first step. Our specialist medical negligence solicitors are here to guide you through every stage.
Getting in touch
Call us or complete our online enquiry form for free, confidential advice from a specialist brain injury negligence solicitor. We will listen to your concerns, explain your options, and advise whether we can investigate if negligent medical care caused your brain injury.
Supporting your claim
Our solicitors will review your medical records, instruct independent experts, and investigate whether your brain injury could have been prevented through appropriate diagnosis, treatment or care. Where negligence is identified, we can build a strong claim and, where appropriate, seek an interim payment to help meet immediate care and rehabilitation needs.
Securing compensation
Contact us
If you would like advice regarding a serious injury or illness affecting you or a loved one, please complete the form and one of our experts will be in touch as soon as possible.
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Client story
Delayed surgery for brain haemorrhage
We secured a settlement for the mother of a 27-year-old woman who died as a result of delayed surgery.
Our brain injury negligence cases
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£5 million lump sum, lifelong annual payments of £232,750pa for care and Treloar’s SEN funding for boy with cerebral palsy
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£16 million settlement for teenager with cerebral palsy from hypoxic brain injury during delayed delivery
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£19 million settlement for girl with dyskinetic cerebral palsy caused by negligent midwifery and obstetric care during labour
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£3 million settlement for young man with physical disability from cerebral palsy caused by hypoxic injury at birth
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£4.6 million plus lifelong payments of up to £360,000pa for child with severe dystonic cerebral palsy birth injury
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£13 million settlement for young woman with neurological disability from maternity mistakes at birth
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£11.5 million settlement for boy with cerebral palsy caused by negligent midwifery care during ‘water birth’
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£2 million for head-injured teenager who ran into the road at night and was hit by a taxi
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$23 million compensation for boy with cerebral palsy from kernicterus brain damage
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£21 million settlement for teenager with cerebral palsy from negligently delayed delivery
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£3.1 million lump sum for brain injury suffered at birth
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£3 million compensation after medical negligence causes baby’s brain damage from neonatal meningitis
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Judgment for child who suffered a stroke after GP delays in treatment of neonatal infection
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Liability judgment for child after negligent management of impacted fetal head causes traumatic brain injury
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Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.
- We are nationally acclaimed for our claimant medical negligence expertise and the outstanding results we achieve for our clients.
- We are ranked as leading clinical negligence experts in the Chambers Directory and Legal 500 guides to the legal profession and are accredited for our specialist expertise by the Law Society, AvMA, and the Association of Personal Injury Lawyers (APIL).
- Our integrated multidisciplinary team offers our clients a full range of specialist help with compensation, rehabilitation, SEN, deputyship, personal injury trusts and community care.
- We secure maximum compensation in claims for adults and children who have suffered catastrophic injury and severe disability, and provide practical support for their families.
Related brain injury insights
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What are interim payments?
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Who is at risk of meningitis?
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What is tuberculosis (TB) and can it be treated?
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Blindness and visual impairment in neurological injury claims
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Anaesthetic negligence brain injury claims
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Neonatal brain injury from hypoglycaemia can my child claim compensation?
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What is the personal injury discount rate (PIDR)?
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What medical records do I need for a birth injury claim?
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Can teenagers and young adults claim compensation for cerebral palsy from birth injury?
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How a Subarachnoid Haemorrhage (SAH) leads to brain damage
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