Guide to Brain Injury

Transcription

1 CLINICAL NEGLIGENCE BRAIN INJURY Guide to Brain Injury

2 2 Many victims of brain injury do experience life-long and life-changing symptoms and need rehabilitation, care and support to help re-build their lives. Index BRAIN INJURY PRACTICAL GUIDES FROM TEES LAW Step by step Causes of brain injury Can you claim? How do you make How do you chose the right for your brain injury claim? How much will you receive? How long will a claim Is there a time limit for How much will it cost and how will I pay for it? All brain injuries are different and people may be affected to a varying degree by any number of problems, depending on the severity of their injury and the part of the brain which is affected. Brain injuries are usually categorised mild, moderate or severe. However, even mild brain injuries can result in lasting impairments, such as: Fatigue Impaired Mobility Sensory impairment Difficulties with speech Reduced concentration Impaired reasoning Impaired judgement Lack of insight Weakness or paralysis Spasticity Hormonal imbalances Problems with memory Loss of confidence Mood swings Anxiety Disinhibition Many victims of brain injury do experience life-long and life-changing symptoms and need rehabilitation, care and support to help re-build their lives. Tees provides a holistic service to brain injured clients and their families, doing our very best to ensure that brain injury sufferers receive life-long support. We offer expert legal advice on the merits of a claim; We frequently secure substantial, multi-million pound awards We ensure that, where appropriate, the client receives cutting-edge rehabilitation, case management, suitable accommodation and adapted vehicles We offer specialist advice on Court of Protection matters, personal injury trusts and other investment options. We work closely with local brain injury charities and support them in their work re-building the lives of brain injury sufferers.

3 3 It is a sad truth that brain injuries can and do occur in Britain s hospitals as a direct result of medical errors; both private and NHS. BRAIN INJURY STEP 1 Causes of brain injury The most common causes of brain injury are: Road traffic accidents Accidents at work Accidents during leisure activities Assault Falls Medical negligence Road Traffic Accidents (RTAs) Head injuries are often caused by road traffic accidents. If you have been involved in a road traffic accident, you may be entitled to. Our road traffic accident experts have years of experience helping drivers, passengers, motorcyclists cyclists and pedestrians to claim after a road traffic accident. Accidents at Work Slippery surfaces, faulty equipment, inadequate training or inadequate safety controls can lead to accidents in the work place. Unfortunately some of these accidents lead to injuries that cause permanent brain damage. If your employer has failed comply with safe working practices, you may be entitled to pursue a claim for.? Our specialist brain injury lawyers have the experience to ensure our clients receive maximum financial awards. Medical Negligence It is a sad truth that brain injuries can and do occur in Britain s hospitals as a direct result of medical errors; both private and NHS. Some medical conditions require urgent treatment to prevent complications and further injuries occurring. A delay in diagnosing and treating a brain tumour, a brain haemorrhage (a bleed in the brain), a stroke, epilepsy, meningitis or encephalitis, for example, can cause permanent brain damage. Brain damage can occur during surgery. There is always a chance, during surgery to the head or brain, that the brain itself is damaged. A patient may suffer brain damage during any surgery performed under general anaesthetic if they receive insufficient oxygen to the brain. Some types of medication, if incorrectly prescribed, can cause swelling to the brain which can result in permanent brain damage.

4 4 hard and professional Your work on this is much appreciated. For sure I will contact you in any future legal issues. Mrs R, Chelmsford Lack of oxygen during birth can also result in babies being born with cause cerebral palsy. In some circumstances the damage to the brain can be relatively minor and the baby may grow up to have a relatively normal life. In the more serious cases, the baby may be significantly more disabled both mentally and physically, requiring 24 hour care for the rest of his/her life; a life which may very well have been shortened as a result of their condition. We have specialist medical negligence s with expertise in brain injury claims. STEP 2 Can you claim? To claim for your injuries you will need to show that another person was at least partly to blame for causing your injuries. If you are able to do so, it is important that you claim. This means that you do not have to rely upon the limited resources and funding available to the local authority and can take steps to ensure that the lasts for the whole of your life. STEP 3 How do you make If you, or someone you know, has suffered a brain injury and you think that you, or they, might have grounds for a claim for then you should seek legal advice from a firm of s who have specialists in brain injury cases.? STEP 4 How do you choose the right for your brain injury claim? It is important that you choose a specialising in brain injury work. Brain injury claims are a highly complex and specialist area of law. They require medical as well as legal knowledge; an understanding of the complexities of your injury and how your own injury is likely to affect your life and the lives of those around you; and although your will focus on your claim, he or she has to be able to look at the bigger picture and make sure that he/she empathises with your feelings and needs. A specialist will know the right expert to instruct in your claim which will result in fair and just to you. Choosing the wrong could result in under-valuation of your claim.

5 5 The level of service was extremely exceptional. They kept me informed by mail, phone or all the time and I always knew where I stood with them. Mrs H, Cambridge Experienced lawyers, who specialise in cases of brain injuries arising from medical negligence should be approved by the independent charity, Action against Medical Accidents ( AvMA ), the Law Society and Headway (the brain injury association) and should be able to provide a complete service to those affected by brain injury, including advice on Court of Protection matters, personal injury trusts and investment options. STEP 5 How much will you receive? The amount of will depend upon the severity of your injury and the past and future financial consequences of your injury. It will take account of (amongst other things): Your pain and suffering; Your loss of amenity (if, for example, you are unable to carry out daily activities or hobbies); Loss of earnings; Loss of pension; Case management; Care, including care provided by your family and friends; Adaptations to your home; Specialist treatment; Specialist equipment. A specialist should be able to give you a rough idea of how much you might receive.? STEP 6 How long will a claim Brain injury claims can take 3 to 5 years and in some cases longer. This is because it is important to properly assess your brain injury and how it is going to affect your future to ensure that your future needs are met. In most cases, interim payments may be obtained until the final award is made so that, where appropriate, a case manager may be appointed, carers recruited, suitable accommodation purchased and adapted and a rehabilitation regime established.

6 6 There are strict time limits for starting a legal claim for for personal injury and medical negligence. STEP 7 Is there a time limit for There are strict time limits for starting a legal claim for for personal injury and medical negligence. Usually claims must be started within three years of the date of the incident. In some cases, it may run from the date you could first reasonably be expected to have known that the injury was significant and that it could be attributable to the treatment involved. However, adults who are unable to manage their own affairs by reason of a mental disability may not be subject to the three year rule. Fatal accident claims If the case is about someone who has died, the three years usually starts from the date of death. Children Children are not subject to the limitation period until their 18th birthday and so they effectively have until their 21st birthday to issue legal proceedings. The Court s discretionary powers Although the courts do have discretionary power to allow claims which are already outside the time relevant limits to proceed these powers are only exercised under very limited circumstances. If you think you may like to bring a claim for, please contact a specialist brain injury as soon as possible to make sure your claim is brought in good time.? STEP 8 How much will it cost to bring a claim and how will you pay for it? We would be happy to help you assess whether it is worth investigating your potential claim free of charge. If, in our opinion, we consider it is worth investigating the claim further, we will advise you on the most suitable form of funding your claim. Personal injury and clinical negligence claims are expensive but there are a number of options which may be available to you, including: public funding (formerly called legal aid for clinical negligence claims) No win, no fee agreements ( Conditional Fee Agreements ) Legal-expenses insurance Trade union funding Private funding Don t worry about costs. Please contact us and we will be happy to discuss your funding options.

7 7 We recognise that it is important that the injured person s need for rehabilitation is assessed and addressed as a priority, in order that their quality of life and ability to work are restored as soon as possible. Our expertise We have an experienced Brain Injury Team, and are recognised in Legal 500 to be a Hidden Gem, specialists in brain injury.... Approved as a provider of Legal Services by Headway (the brain injury association), CBIT (the Childhood Brain Injury Trust) and the UK Acquired Brain Injury Forum, we also hold corporate accreditation from the Association of Personal Injury Lawyers (APIL). All clinical negligence s belong to APIL and a number are also on the referral panel for AvMA (Action for Victims of Medical Accidents) and the Law Society s clinical negligence and personal injury specialist referral panels. We promote the use of rehabilitation and early intervention in the process so that the injured person makes the best and quickest possible medical, social and psychological recovery. In many cases, rehabilitation can help the injured person recover more quickly, have a better quality or life and return to work sooner. We recognise that it is important that the injured person s need for rehabilitation is assessed and addressed as a priority, in order that their quality of life and ability to work are restored as soon as possible. Thus, we adopt a pro-active approach. At the earliest practicable stage, we consider, with the client, family, and possibly, treating physicians, whether it is likely or possible that early intervention, rehabilitation or medical treatment will improve their present and/ or long term physical and mental well being. In addition, we consider whether there is an immediate need for aids, adaptations, and or vocational assessment. Where such immediate needs are identified, this is notified to the compensator at the earliest possible opportunity.? We recognise that there are many ways to fund such rehabilitation, including NHS medical rehabilitation, private health insurance, government based vocational rehabilitation and social services provision. However, if at all possible, we prefer to ensure that any identified rehabilitation needs are met by the Defendant, and, in appropriate cases, we apply for interim payments if these are not provided voluntarily. At the conclusion of the case, when a final damages award is received, we are able to offer advice on Court of Protection Receivership / Deputies (England & Wales), to offer advice on how to invest any damages awarded and can manage investments inhouse (if the client so desires). If not already in place, upon receipt of the final damages award, we offer a support service to families and are able to appoint case managers, and give careful advice to ensure correct and effective application of funds, with a view to progressing rehabilitation and care.

8 teeslaw.co.uk SOME OF OUR CASE STUDIES Delay in diagnosing a brain tumour: A child was left with multiple sites of brain damage and pervasive complex neuropsychological sequelae, following a 10 month delay in diagnosing a brain tumour. The vast majority of the damage was caused by prolonged tumour injury and prolonged hydrocephalus. With timely diagnosis and treatment, whilst the child would have suffered some residual endocrine consequences, the vast majority of the brain damage and neuropsychological sequelae would have been avoided. Having secured an interim payment, we have appointed a case manager, who is working with the family to set up a rehabilitation regime, pending receipt of the final damages award. Cerebral Palsy: A child with cerebral palsy has very severe physical disabilities and great difficulties speaking after a hospital failed to monitor the progress of her mother s labour and react to signs of fetal distress during delivery. As a result of a successful claim, she and her family are receiving support with daily care, speech and language therapy (including digital communication devices) and specialist equipment (including wheelchairs and an adapted vehicle). The yearly financial payments are guaranteed to last for the whole of the child s lifetime, and equate to a lump sum award of approximately 3.9million. Surgical: A lady suffered a haemorrhage after undergoing a surgical procedure in hospital. The haemorrhage was not recognised in time and she suffered significant brain damage mainly affecting her mobility and communication. The local authority had placed her in an unsuitable care home. We secured a settlement which provides for yearly financial payments, guaranteed to last for the whole of the lady s lifetime, equating to a lump sum award of 4.5million and have, therefore, been able to fund intensive rehabilitation and help the lady to move into a specially adapted bungalow, near her family, with a full team of carers. Delay in diagnosing meningitis: A young girl developed hemiplegia and some learning difficulties following a failure by her GP and the local hospital to diagnose and treat meningitis. A 900,000 award of meant that she was able to obtain extra support with her education and has access to ongoing financial and practical support in adult life. Motorbike Accident: A married couple were involved in a motorbike accident and the wife sustained very severe head injuries. A settlement of 1.5 million meant that the couple were able to buy specially adapted accommodation and fund a buddy to assist her ongoing rehabilitation. This Guide has been prepared to provide useful information but should not be considered as a substitute for advice on any specific case. Tees Law is a trading name of Stanley Tee LLP regulated by the Solicitors Regulation Authority. Registered in England and Wales number OC / Bishop s Stortford Cambridge Chelmsford Great Dunmow Northampton Saffron Walden