Brain Injury Claims
Brain injury claims can be complicated and we understand that an injury such as this can lead to dreadful consequences for the patient and for those closest to them.
However, with the right legal advice and support, a brain injury claim can be high value if severe brain damage is involved. Compensation is awarded not just for the injury itself but for loss of earnings, care and case management, accommodation, physiotherapy, and other heads of loss.
For over thirty years Solicitor, David Dickie, has specialized in this area and achieved substantial settlements for clients as a result of successful litigation, often on a No-Win, No Fee basis. We take a personal approach to our client care and offer clear advice, supporting you every step of the way.
Detailed below are a couple of case studies;
Brain Injury Claims – Case Study 1
The Claimant was born with congenital right hemiparesis from maldevelopment of the left cerebral hemisphere, later had a left parietal hemispherectomy, and subsequently developed meningitis and hydrocephalus which led to a brain shunt being inserted.
However, years later she experienced a number of seizures, was having severe balance problems and her speech was slurring and she was mainly confined to bed. She was admitted to the Defendant’s hospital and a decision was eventually made to revise the shunt after some delay.
However, by this stage the Claimant had suffered irreversible damage and the cause of the deterioration in her condition was a blocked shunt, which should have been treated as an emergency. Expert evidence on breach of duty and causation was obtained from Mr Todd, a consultant neurosurgeon. A report from a consultant in clinical neuropsychology dealt with the Claimant’s short- term memory, aggressive behaviour, communication difficulty and depression. The Defendant argued that the Claimant’s pre-existing condition was significant and that since the events complained of the Claimant’s condition had worsened dramatically as a result of an unrelated encysted fourth ventricle.
Furthermore, that the Claimant’s injury only brought forward by ten years a condition that would have developed anyway. Our own expert neurologist agreed it was a claim for advancement only. Nevertheless, a settlement of £750,000 was eventually obtained by the conducting solicitor, David Dickie, after a listing for a five- day trial.
Brain Injury Claims – Case Study 2
This was a fatal accident claim arising out of surgery for the removal of a brain tumour after which the deceased developed a perforated abdominal viscus which was not treated appropriately and from which the deceased died.
Unfortunately, the surgeon concerned died and the Defendant’s expert mislaid the CT scan and a dispute arose over whether the tumour was sited in the right cerebellar hemisphere, as the Claimant contended, or the brain stem, in which case the prognosis would usually be less than one year and exceptionally more than two years, and during the period of survival he would have been unable to undertake any work or carry out significant household duties and hence, the dependency would be nil.
Eventually a report was obtained from a neuropathologist based on slides of the brain taken at an autopsy which indicated the tumour was in the right side of the pons and medulla, and a payment into court of £200,000 was accepted.