Brain injuries can have life-changing effects. They can affect how a person thinks, moves, speaks, or even how they control their emotions, making a brain injury one of the most complex and life-altering forms of harm a person can suffer. The consequences often include the need for permanent care, and this can place profound psychological and financial strain on the individual and their family. When a brain injury is caused by a medical mistake, it may be possible to bring a successful medical negligence claim. That means the person (or their family) may be able to take legal action if the care they received was not good enough and led to their injury.
In medical negligence practice, brain injury claims demand a careful and expert approach due to the intricate medical evidence, high-value damages, and the sensitive human impact involved.
There are three main types of brain injury that can be involved in this kind of claim. These are:
- Traumatic Brain Injury (TBI)
- Acquired Brain Injury (ABI)
- Birth Brain Injury (also called neonatal or perinatal injury)
As medical negligence solicitors, we frequently act for individuals and families affected by brain injury, pursuing claims to secure vital compensation for care, therapy, accommodation, and assistive technology.
- Traumatic Brain Injury (TBI)
This type of injury happens when there is a blow to the head or external force that causes damage to the brain. In a medical setting, it could happen during surgery, a fall in hospital, or even from poor care during a seizure or accident.
Examples that might lead to a claim:
- A patient falls in hospital, perhaps because staff did not put up bed rails or check on them properly.
- A mistake during surgery leads to swelling or bleeding in the brain.
- A delay in treating a head injury causes the condition to get worse.
In these cases, the claim would look at whether the injury could have been avoided with better care.
In BSC v TGL, the High Court considered the case of an 11-year-old boy who suffered a traumatic brain injury after being struck by a taxi while crossing the road on his scooter. The collision left him with lasting cognitive and psychological difficulties that will affect him for life. The court approved a settlement of £2.35 million, reduced to reflect some contributory responsibility on the child’s part.
This case shows how much harm a traumatic brain injury can bring, and the critical importance of ongoing treatment, rehabilitation, and compensation to support long term care.
- Acquired Brain Injury (ABI)
An acquired brain injury is one that happens after birth and is not caused by a direct blow to the head. It is often the result of something like a stroke, lack of oxygen, infection, or bleeding in the brain. In some clinical negligence cases, the injury happens because of delays in diagnosis or treatment.
Examples that might lead to a claim:
- A stroke is missed or not treated quickly enough, leading to brain damage.
- Oxygen is not given during a medical emergency, causing harm to the brain.
- A serious infection like meningitis is not spotted in time.
The key question in these claims is whether the brain injury could have been avoided if the right medical action had been taken sooner or more carefully.
These cases are often legally complex due to the need to establish whether the injury could have been avoided with earlier or better intervention. In EXN v Alder Hey Children’s NHS Foundation Trust, the court approved a major compensation settlement for a young boy who suffered catastrophic brain injury after doctors failed to diagnose a herpes infection quickly enough. By the time the condition was recognised, the damage was irreversible, leaving him with profound disabilities, epilepsy, and a lifelong need for round-the-clock care. The hospital admitted fault, and the settlement – worth over £27 million – was designed to provide for his medical, therapy, housing, and care needs for life. This case highlights how failures in monitoring, diagnosis, or timely escalation of care can result in devastating and avoidable acquired brain injuries.
- Congenital Brain Injury
This type of brain injury happens before, during, or just after birth. It can refer to a developmental condition which has damaged the brain, or a brain injury that was sustained just before or during birth. It is one of the most serious types, as it can affect a whole life, rather than just a part of one. These injuries can lead to conditions like cerebral palsy, which can cause problems with movement, learning, and development.
Examples that might lead to a claim:
- A delay in delivering the baby causes a lack of oxygen.
- The baby is in distress, but staff do not act quickly enough.
- Equipment used during birth causes injury to the baby’s head or brain.
In these cases, the parents may bring a claim on behalf of the child. If the claim is successful, it can help cover care costs, equipment, and support for the child’s needs.
When developmental conditions are involved, these cases often involve antenatal screening failures or labour mismanagement. In the case of CC v Blackpool, Fylde & Wyre Hospitals NHS Trust, the High Court considered a claim on behalf of a child born with schizencephaly, a rare congenital brain defect involving clefts in the cerebral hemispheres. That condition led to severe impairments in movement, vision, cognition, and sensory function. The claim alleged that during the 20-week anomaly scan, the ultrasound operator failed to note suspicious appearances that should have prompted further high-level imaging and referral, and that the parents should have been counselled about the findings. The parents argued that had those steps been taken, they would have opted to terminate the pregnancy.
The case underscores the far reaching impact of congenital brain injuries and the critical importance of informed parental choice supported by accurate diagnosis and timely medical advice.
How do brain injury claims work?
To make a medical negligence claim, a solicitor will look at whether:
- A healthcare professional (like a doctor or midwife) failed to give proper care.
- That failure directly caused or made the brain injury worse.
These claims often rely on expert medical evidence and can take time, especially in serious cases.
If the claim is successful, compensation may be awarded. This can help with:
- Medical treatment and rehabilitation
- Equipment or changes to the home
- Care and support for daily life
- Loss of income (for the injured person or their carer)
These claims require a high level of expertise and experience in gathering and interpreting complex medical evidence, instructing the right experts in neuroradiology, neurology, rehabilitation and care, and preparing detailed calculations of loss over the injury person’s lifetime, making it important to choose an experienced medical negligence solicitor.
Our work often includes obtaining interim payments for urgent needs, securing suitable housing and equipment, and ensuring families have access to psychological and social support. In many cases we work alongside charities, case managers, and care providers to create long term care packages that reflect the full extent of the injured person’s needs.
Getting the right help can make a big difference
Brain injuries can be devastating. When they are caused by poor medical care, it is only right to ask questions. Whether the injury happened in hospital, during birth, or after a missed diagnosis, the law gives people the right to seek answers and support.
If you or a loved one have suffered a brain injury and think that medical negligence was involved, please contact our team for an initial no-obligation discussion. We understand the life changing impact that brain injury can have, and are here to provide clear, compassionate and expert legal advice.