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Many of the most frequently seen brain injuries occur during birth and can result in cerebral palsy. There are, however, other reasons why someone may suffer a brain injury which are explained here.
Medical professionals owe their patients a duty of care and if that duty of care has fallen below an acceptable standard and a brain injury is acquired as a result, you may have a legal right to seek compensation. Our team of brain injury solicitors have the specialist skills and legal and medical knowledge to guide you through often complex brain injury compensation claim.
If you want to talk to our expert brain injury lawyers about brain injury claims, please call us now for a free consultation on 0113 345 2385 or complete our contact form and one of our brain injury attorneys will be in touch as soon as possible.
An acquired brain injury occurs later in life as opposed to happening at birth or as a result of a genetic or congenital condition. It can be caused, for example, by the head forcefully hitting an object such as the dashboard of a car, as a result of a fall, a sports injury, violent crime or for medical reasons:
A stroke
Bleeding on the brain
Lack of oxygen to the brain
Infections to the brain
Brain tumour
The physical, behavioural or mental changes that may result from an acquired brain injury depend on the area of the brain which is injured. There can be physical changes such as problems with walking, sitting, slurred speech, chronic pain and fatigue as well as cognitive changes such as poor memory, confusion, impulsiveness, problems with planning, information processing and emotional and social changes such as depression, frustration, anger and anxiety.
Specialist doctors should fully investigate a patient’s symptoms if a brain injury is suspected. They do so in many different ways. Some more common methods have been set out below:
Assessment against the Glasgow Coma Scale which involves testing a patient’s speech, eye movement and physical movement and scoring the results. The lower the score, the more severe a brain injury is likely to be (a score under 8 indicates a severe injury).
Speech & Language Assessment to see if the brain injury has caused impairment.
Assessment of a patient’s short and long term memory.
Radiology imaging such as MRI or CT scans to visualise any areas of brain injury.
There are many different types of brain injuries that may lead to a Brain Injury compensation claim:
Acquired brain injury: this occurs after birth (see above for more information)
Traumatic brain injury: this occurs as a result of trauma to the brain, like a car crash.
A stroke, caused by a blood clot of bleed in the brain.
Concussion or Minor Head Injury that should, usefully, resolve without major injury.
The severity of a brain injury usually determines how much Head Injury compensation can be pursued. Our brain injury solicitors have extensive experience acting for clients with avoidable brain injuries and have secured life changing multi-million pound settlements to help them with their lives.
Click here to read our Brain Injury case studies.
Anoxic and hypoxic brain injuries occur when the brain is deprived of oxygen, leading to potentially severe and lasting damage. Although they have similar causes, the conditions differ in their severity and duration.
Anoxic brain injury occurs when the brain is completely deprived of oxygen for a prolonged period. This can happen due to various causes, such as cardiac arrest, severe respiratory conditions. When the brain isn’t supplied with enough oxygen, brain cells begin to die within minutes, leading to significant brain damage. According to Shepard Center, Anoxic brain injury symptoms can vary based on the extent of the damage but often include memory loss, difficulty with motor functions, cognitive impairment, and in severe cases, coma. An individual’s life expectancy after anoxic brain injury can vary widely, depending on the severity of the injury and the promptness of treatment.
A hypoxic brain injury is a condition where the brain receives some oxygen, but not enough to maintain normal function. This can be caused by events such as a stroke, complications during surgery or birth. The symptoms of a hypoxic brain injury are similar anoxic brain injuries but may be less severe, including confusion, difficulty concentrating, and motor skill issues. The hypoxic brain injury recovery time could range from weeks to years, depending on the severity and the effectiveness of the treatment, some individuals may be affected for the rest of their lives.
A hypoxic-ischaemic brain injury is a type of hypoxic injury when there is a lack of oxygen and blood flow to the brain. This type of injury is particularly common in cases of complicated childbirth, where the baby's brain may be deprived of oxygen and blood flow, leading to long-term disabilities such as cerebral palsy.
According to Headway, treatment for both anoxic and hypoxic brain injuries focus on restoring oxygen flow to the brain as quickly as possible. Hypoxic brain injury treatment often includes supportive care to stabilise vital functions, brain injury rehabilitation therapies, and medications to manage symptoms such as seizures or spasticity.
In our experience, there are some cases where these injuries can be linked to medical negligence. For example, if a patient suffers a hypoxic brain injury due to a delayed response during surgery, or if a baby sustains a hypoxic-ischaemic brain injury due to improper monitoring during labour, it may be possible to pursue a hypoxic brain injury claim.
After a patient has been stabilised from whatever has caused a brain injury, the severity of their injury will be investigated with tests and scanning equipment. This will influence any treatment provided. Like with spinal injuries, brain injuries are potentially life changing because the brain cannot usually heal and repair itself like other organs within the body. Treatment options include:
Craniotomy – where a surgeon will operate on the brain to try and improve symptoms, for example, removing a brain tumour or a blood clot or repairing damaged arteries.
Medication
Brain injury rehabilitation
Physical Therapy and Physiotherapy
Counselling
Because treatment options for brain injuries may be limited, brain injury compensation claims may often result in very significant Personal Injury claims payouts for a lifetime of care and assistance.
As experienced child brain injury solicitors, Minton Morrill has established a strong reputation for successfully handling child brain injury claims and securing substantial compensation for our clients. With expertise in the field, our dedicated team of child brain injury lawyers work tirelessly to support families affected by brain injuries, ensuring they receive the support they need for ongoing care and rehabilitation. Having recovered millions in child brain injury compensation, we are committed to helping families navigate complex legal processes.
If you or someone you know has suffered a brain injury then call us today on 0113 345 2385 or complete the ask us a question or contact form to discuss pursuing a compensation claim with our brain injury solicitors.
Over many years our team of specialist brain injury lawyers have been involved in different types of brain injury compensation claims. We have set out some examples to give you an idea of the types of clinical negligence claims that we have successfully resolved.
Usually, you have a three-year time limit to start a claim for brain injury compensation but for child brain injury claims the 3 years does not start to run until they are 18. This means that children typically have until the age of 21 in which to start a civil claim. However, if someone lacks mental capacity then it may be possible to pursue a claim even after the age of 21 but this may be subject to obtaining expert medical evidence on whether there is a lack of capacity. It is important to seek legal advice on this issue.
If you or someone you know feels that they have suffered a brain injury as a result of medical negligence through the NHS, you may be entitled to make a NHS Negligence claim. Our team of expert brain injury lawyers will talk you through what is required to succeed with a claim for compensation.
Our Experience of Brain Injury Claims
