A brain injury caused by negligent medical treatment can have devastating and lasting consequences, affecting a person's independence, ability to work, relationships and quality of life. Where mistakes in diagnosis, treatment or hospital care have caused avoidable brain damage, our specialist medical negligence solicitors can investigate what happened and pursue compensation.
Two of the most important issues in these claims are establishing whether negligent treatment caused or worsened the brain injury, and securing compensation that properly reflects its long-term consequences. Our lawyers have experience of disputed medical evidence, substantial damages claims, rehabilitation needs and complex settlement negotiations.
We represent clients and families across England and Wales, with a substantial presence in London, the South East and East of England, including Peterborough, as well as offices in other regions.
Contact our brain injury claims solicitors for a confidential discussion about what happened, whether there may be grounds for a claim and the funding options available.
Why choose Taylor Rose for a brain injury claim?
Brain injury litigation requires more than general medical negligence experience. Claims frequently involve difficult questions about causation, the extent of permanent disability, mental capacity and the cost of future care and rehabilitation.
Our medical negligence lawyers have experience of handling serious neurological injury claims, working with independent medical experts, challenging disputed evidence and negotiating substantial settlements.
Examples of our experience include:
£3 million settlement plus lifetime payments in a claim involving a failure to diagnose and treat a brain haemorrhage, handled by Jacqui Hayat.
Six-figure settlement following a stroke caused by delayed medical treatment, involving two hospitals, disputed medical evidence, questions of litigation capacity and interim payments, handled by Sonia Fu.
Experience of quantifying multi-million-pound brain injury claims, including complex future care, rehabilitation and financial losses.
Our medical negligence practice has received independent recognition in Legal 500 and Chambers. Our team includes experienced solicitors such as Jacqui Hayat, Sonia Fu and Rupal Patel, whose experience includes serious neurological injuries and substantial damages claims.
Read our stroke medical negligence case study.
How we can help with a brain injury claim
Our solicitors manage the legal and evidential work required to investigate and pursue brain injury claims, from the initial assessment through to settlement or court proceedings.
Similar questions arise in cases involving brain haemorrhages, infections, oxygen deprivation and delayed surgical intervention.
Our solicitors work with independent medical experts to investigate:
When and how the brain injury occurred.
Whether the symptoms or warning signs should have prompted earlier action.
What treatment should reasonably have been provided.
Whether appropriate treatment would probably have prevented or reduced the injury.
Which lasting symptoms and disabilities are attributable to the negligent treatment.
The legal challenge is often to distinguish the consequences of the original medical condition from the additional harm caused by negligence.
Our lawyers analyse the medical evidence, identify weaknesses in competing expert opinions and develop a case supported by the relevant clinical evidence.
Where causation is disputed, we assess the litigation risks carefully and consider opportunities for a negotiated settlement.
Assessing damages – compensation for long-term needs
The second major challenge in serious brain injury claims is establishing the appropriate level of compensation.
Brain injuries can affect people in very different ways. Some cause significant physical disability, while others primarily affect memory, concentration, personality, emotional regulation or the ability to manage everyday activities.
These consequences may not always be immediately apparent, and their impact on employment, independence and family life can develop over time.
Our solicitors work with appropriate medical, rehabilitation, care and financial experts to assess the full extent of the injury and its consequences.
Depending on the circumstances, compensation may include:
Care and assistance: Professional care, supervision and support, including assistance provided by family members.
Rehabilitation and therapy: Neurorehabilitation, physiotherapy, occupational therapy, speech and language therapy and psychological treatment.
Loss of earnings: Past and future earnings, pension losses and reduced earning capacity.
Accommodation: Adaptations to the home or suitable alternative accommodation.
Specialist equipment: Mobility aids, assistive technology and other equipment.
Case management: Professional coordination of care, treatment and rehabilitation.
Pain, suffering and loss of amenity: Compensation for the injury and its effects on everyday life.
Calculating future losses
Serious brain injury claims may involve complex assessments of life expectancy, future care needs, employment prospects, mental capacity and the likely costs of support over many years.
Our lawyers work with experts to prepare detailed schedules of loss, examine the defendant's assessment and negotiate compensation reflecting the claimant's properly established needs.
Interim payments and rehabilitation
Where liability has been admitted or otherwise established and the relevant legal requirements are met, interim payments may be available before final settlement.
These can help fund urgent rehabilitation, care, specialist equipment or accommodation, potentially making a substantial difference to recovery and quality of life while the claim progresses.
Lump sums and periodical payments
Substantial settlements may involve a lump sum, periodical payments or a combination of both.
We consider the appropriate settlement structure in light of the claimant's individual circumstances, future needs and long-term financial security.
Types of brain injury medical negligence claims
Our solicitors investigate brain injuries caused or worsened by negligent medical care, including the following circumstances.
Stroke misdiagnosis and delayed treatment - Failures to recognise stroke symptoms, arrange appropriate investigations or provide timely treatment can sometimes cause avoidable neurological damage. Claims may involve delays in brain imaging, specialist assessment, thrombolysis, thrombectomy or other appropriate intervention.
Brain haemorrhages and aneurysms - Claims may arise where warning signs of a brain haemorrhage or aneurysm were missed, investigations were delayed or appropriate treatment was not provided. The central issue is often whether earlier diagnosis or intervention would have prevented or reduced the resulting brain damage.
Brain injuries caused by infection - Conditions such as meningitis and encephalitis can cause serious neurological injuries where diagnosis or treatment is delayed. Claims require specialist evidence about the progression of the infection and whether earlier treatment would have changed the outcome.
Oxygen deprivation and failures in hospital care - Brain damage can sometimes result from failures to recognise or respond to inadequate oxygen supply, cardiac or respiratory emergencies, or other serious complications during medical treatment.
Surgical and anaesthetic negligence - Claims may involve avoidable brain damage arising from errors during surgery, anaesthesia or postoperative monitoring. The investigation will consider the standard of treatment, the cause of the injury and whether appropriate care would have prevented or reduced the harm.
For injuries occurring during pregnancy or childbirth, see our Birth Injury Claims Solicitors page.
Funding
We discuss funding arrangements at the outset and explain the options available, including any financial risks.
Many qualifying medical negligence claims can be pursued under a conditional fee agreement, commonly known as a no win, no fee agreement.
We will explain the terms of any proposed arrangement, including potential deductions and insurance requirements, before you decide whether to proceed.
