Experienced Brain Injury Negligence Solicitors in Manchester & Oldham
Brain injury cases are medically and legally complex. They often involve multiple healthcare settings. Determining whether your outcome was unavoidable or the result of negligent care requires specialist investigation.
Our clinical negligence solicitors have represented clients in brain injury claims against both NHS Trusts and private hospitals. We instruct independent neurologists, neuroradiologists, and neurosurgeons to review your records, assess the standard of care, and provide clear expert opinions on what should have happened.
For a free, confidential and no obligation consultation, call us on 0161 665 3502, email [email protected] or complete our contact form.
When Does Medical Care Become Brain Injury Negligence?
Not every brain injury following medical treatment amounts to negligence. Some outcomes are unavoidable complications of serious illness or emergency situations.
However, a claim for negligence is valid when a healthcare professional fails to meet the expected standard of competence, directly causing harm to the brain or worsening your condition.
You may be eligible to claim compensation if:
- There were delays in diagnosis, e.g. a stroke, bleed or infection affecting the brain was not identified quickly enough.
- Oxygen deprivation occurred and warning signs during surgery, childbirth or cardiac arrest were missed or ignored.
- Surgical errors caused damage such as direct trauma to brain tissue during a procedure.
- Monitoring failures happened where critical changes in a patient's neurological status went unnoticed.
- Consent was inadequate and you were not fully informed of the risks before agreeing to treatment.
Types of Brain Injury Negligence Claims
Our team manages a broad spectrum of cases involving brain injuries, including but not limited to:
Birth-Related Brain Injuries
Birth injuries remain one of the most common causes of brain damage in negligence claims. Oxygen deprivation during labour can cause permanent harm within minutes.
Negligence frequently occurs when:
- CTG (cardiotocograph) traces showing fetal distress are misinterpreted or ignored
- Decisions to perform an emergency caesarean section are delayed
- Shoulder dystocia is managed poorly, prolonging oxygen deprivation
- Resuscitation of the newborn is inadequate or delayed
These failures can result in conditions such as cerebral palsy, hypoxic-ischaemic encephalopathy (HIE), and developmental delays.
Stroke Misdiagnosis and Delayed Treatment
Strokes require urgent treatment. Every minute without intervention increases the risk of permanent brain damage.
Claims may arise when:
- Stroke symptoms are dismissed as migraine, vertigo or anxiety
- Patients are not referred for urgent CT or MRI scans
- Thrombolysis (clot-busting treatment) is not administered within the critical time window
- TIAs (transient ischaemic attacks) are not recognised as warning signs requiring immediate investigation
Surgical Errors
Brain surgery carries inherent risks, but you may be able to claim when:
- The wrong area of the brain is operated on
- Surgical instruments cause direct trauma to healthy brain tissue
- Post-operative complications such as bleeding or swelling, are not identified and managed promptly
- Anaesthetic errors lead to oxygen deprivation during the procedure
Delayed Diagnosis of Brain Conditions
The failure to diagnose brain tumours, infections such as meningitis or encephalitis or hydrocephalus can have catastrophic consequences.
We handle claims where:
- GPs failed to refer patients with red flag symptoms for urgent investigation
- A&E departments did not order appropriate imaging
- Scan results were misread or reported incorrectly
- Follow-up appointments were delayed, allowing conditions to progress
Anaesthetic and Cardiac Arrest Injuries
When the brain is deprived of oxygen during surgery or a cardiac arrest, the window for intervention is extremely narrow.
Claims may involve:
- Failure to monitor oxygen saturation levels adequately
- Delayed response to cardiac arrest
- Inadequate resuscitation leading to hypoxic brain injury
- Airway management errors during anaesthesia
How to Prove Your Claim
To succeed in a brain injury negligence claim, two legal tests must be met:
- Breach of duty
We must show that the treatment you received fell below the standard of a reasonably competent neurologist, neurosurgeon or other relevant healthcare professional.
- Causation
We must show that this specific failure caused your brain injury or materially worsened your outcome.
We address these tests by obtaining reports from independent medical experts. They analyse your records and imaging to give an objective opinion on whether the care was negligent and how it has affected your prognosis.
Calculating Your Compensation
If your claim is successful, compensation is awarded to restore your position as much as possible in financial terms. This is usually split into two categories:
1. Compensation for the injury (general damages)
This compensates for the pain, suffering, and loss of amenity caused by the injury. For brain injuries, the amount reflects factors such as the extent of cognitive impairment, physical disabilities, changes to personality or behaviour, and the psychological toll on you and your family.
2. Compensation for financial losses (special damages)
This covers out-of-pocket expenses and future financial needs, such as:
- Loss of earnings and pension contributions (past and future)
- Costs for private medical treatment, rehabilitation or therapy
- Professional care costs, including 24-hour care where required or the value of care provided by family and friends
- Specialist equipment such as wheelchairs, hoists or communication aids
- Home adaptations, including extensions, wet rooms or purpose-built accommodation
- Additional transport costs or accessible vehicles
- Case management and deputyship fees for those who lack the capacity to manage their own affairs
Brain injury claims often involve substantial future care costs, particularly where the injured person requires lifelong support.
How to Fund Your Claim
We believe that access to justice should not depend on your financial situation.
No Win No Fee (Conditional Fee Agreement)
The majority of our brain injury negligence claims are funded in this way:
- No upfront legal costs to start your claim
- If you lose, you don't pay our legal fees
- If you win, a success fee is deducted from your compensation. This is capped and agreed in advance, so you keep the majority of your settlement
We'll also check whether you have legal expenses insurance, often attached to home or motor policies, which might help to fund your case.
Frequently Asked Questions
What happens when I first contact you?
We start with a free, confidential conversation about what happened. You'll speak directly with a clinical negligence solicitor who'll ask about the treatment you received, the timeline of events, and how the injury has affected your life.
We'll give you an honest view of whether there may be grounds for a claim. There's no pressure and no obligation.
How long will my claim take?
Brain injury claims are complex and often take several years to resolve. This isn't a bad thing. We need time to understand the full extent of your injuries, how your condition will develop, and what care and support you'll need in the future. Settling too early risks undervaluing your claim. We'll keep you informed throughout and only settle when we're confident the compensation reflects your true needs.
I’m not sure if what happened was negligence. Can you still help?
Of course. Most people who contact us don't know whether their brain injury was avoidable. That's precisely what our investigation establishes.
We obtain your medical records and instruct independent experts to review them. Only then can anyone say with confidence whether the care fell below acceptable standards.
How likely is it that my case will go to trial?
It's very unlikely. The overwhelming majority of clinical negligence claims settle through negotiation, often at a joint settlement meeting or mediation. Court proceedings are sometimes issued to protect time limits or to move a case forward, but trials are rare. If yours is one of the few that does proceed to trial, we'll prepare you thoroughly.
My family member suffered a brain injury and can’t manage their own affairs. What are our options?
You can bring a claim on their behalf as a Litigation Friend. This is common in brain injury cases where the injured person lacks the capacity to instruct solicitors themselves.
Any compensation awarded is managed through the Court of Protection to ensure it's used for their benefit. We can guide you through the process.
What if my child was injured at birth?
Birth injury claims are among the most significant cases we handle. If your child suffered brain damage due to failures during labour or delivery, you can bring a claim on their behalf.
Compensation in these cases is calculated to cover their care needs for life, which often results in substantial settlements.
