Brain injury medical negligence claims

A brain injury is devastating enough on its own. When it happened because of a mistake by the very people meant to keep you safe, it is even harder to come to terms with. Our clinical negligence team acts for people across the country whose brain injuries were caused, or made worse, by negligent medical care.

We understand the lifelong care, the lost income and the strain on families that these injuries bring. We act on a no win no fee basis, so you can pursue a claim without taking on financial risk.

What is brain injury medical negligence?

Brain injury medical negligence happens when a healthcare professional fails to provide a reasonable standard of care, and that failure causes or worsens a brain injury. This is sometimes called clinical negligence.

In plain terms, two things usually need to be shown. First, that the care fell below the standard a competent professional should have provided. Second, that this failure caused the brain injury or made it worse. Both can be difficult to prove, which is why specialist legal and medical evidence matters.

These claims can be brought against the NHS and against private healthcare providers.

Types of brain injury negligence claims we handle

Brain injuries from negligent care arise in many ways. Our solicitors regularly handle claims involving the following.

Missed or delayed diagnosis of a brain bleed

A bleed on the brain (such as a subdural, extradural or subarachnoid haemorrhage) is an emergency. A delay in spotting it on a scan, or in acting on the symptoms, can turn a treatable bleed into permanent brain damage.

Failure to diagnose or treat a stroke

Strokes need rapid treatment to limit the damage. A missed diagnosis, a delay in scanning, or a failure to give the right treatment in time can leave someone with avoidable, lasting disability.

Hypoxic and anoxic brain injury

The brain can be starved of oxygen during surgery, under anaesthesia, or after a cardiac arrest. Where monitoring or treatment falls short, the resulting oxygen-deprivation injury can be catastrophic.

Meningitis and sepsis misdiagnosis

Meningitis and sepsis can cause serious brain damage if they are not recognised and treated quickly. These conditions are sometimes mistaken for less serious illnesses, with devastating consequences.

Surgical and neurosurgical errors

Mistakes during brain or other surgery, including surgical errors and post-operative care failures, can cause brain injury that should never have happened.

Anaesthetic and medication errors

Errors in giving anaesthesia, or in prescribing and administering medication, can deprive the brain of oxygen or cause a toxic reaction. The effects are often permanent.

Delayed diagnosis of a brain tumour

A missed or delayed diagnosis of a brain tumour can reduce treatment options and worsen the outcome. These claims sit alongside our wider misdiagnosis work.

Brain injury at or around birth

Where negligent maternity care leads to a baby suffering brain damage, the claim is usually handled as a birth injury claim. Our specialist team acts in these cases too.

How do I know if I have a claim?

It is not always obvious whether a brain injury was caused by negligence or was an unavoidable outcome of illness or treatment. Medical negligence is legally complex, and whether the care fell below an acceptable standard depends on detailed expert assessment.

The best first step is simply to speak to a specialist solicitor. We will review what happened, obtain your medical records, and arrange independent medical evidence to assess whether you have a claim.

How compensation is calculated

Brain injury compensation has two parts. General damages cover the injury itself and its effect on your life. Special damages cover financial losses, including care, lost earnings, therapies, equipment and adapted accommodation, often over a lifetime.

In the most serious cases, part of the award can be paid as periodical payments. These are guaranteed payments made every year for life, so the cost of long-term care is always met. We can also seek interim payments to fund care and rehabilitation while the claim continues.

Time limits for a medical negligence claim

In most cases you have three years to bring a medical negligence claim. The three years usually run from the date of the negligence, or from the date you first knew the injury was linked to your care.

There are important exceptions. There is no time limit for children until they turn 18, and the limit does not apply in the same way to people who lack the mental capacity to manage a claim, which is common after a serious brain injury. Because the rules are not straightforward, take advice as soon as you can.

Recent brain injury negligence cases

Our clinical negligence team has secured admissions of liability and recovered compensation in serious brain injury claims caused by negligent surgery, medication errors and failures in diagnosis. The examples below are anonymised to protect our clients’ privacy.

Brain damage after a medication overdose

We acted for the family of a woman who suffered a cardiac arrest after she was given an overdose of an anaesthetic drug. A delay in treating the cardiac arrest left her with permanent brain damage. The NHS trust admitted both breach of duty and causation, and her widower pursued the claim.

Delayed transfer to a neurosurgical unit

We acted for a woman who fractured her skull and suffered bleeding in three areas of her brain after a fall. The hospital delayed transferring her to a specialist neurosurgical unit and failed to follow national guidelines. After a long recovery and a period needing 24-hour care, she was able to return home with a tailored care package.

Delayed diagnosis of a shunt blockage

We are acting for a young woman left with a catastrophic brain injury after a delay in diagnosing and treating a blockage in the shunt that drained fluid from her brain. She now needs 24-hour care. We arranged a Romanian-speaking solicitor so her family could take part in every meeting.

Failure to diagnose a treatable condition

We are acting for a woman left with a permanent brain injury after a treatable condition went undiagnosed. Rather than receiving the medication that could have helped, she underwent brain surgery that caused lasting damage.

If your brain injury was caused by an accident rather than medical care, see our personal injury brain injury claims instead.

Why choose Osbornes Law

Our medical negligence solicitors handle complex, high-value brain injury claims, working with leading medical experts and barristers to build the strongest possible case. The team is recognised by the independent legal directories Chambers UK and The Legal 500.

We focus on getting early rehabilitation and interim funding in place, not just a settlement at the end. For families coping with a brain injury, practical support during the claim matters as much as the final award.

Speak to a medical negligence solicitor today

If you believe a brain injury was caused by negligent medical care, we can help you understand whether you have a claim. We act on a no win no fee basis.

Call us on 020 7485 8811 or fill in the contact form below.