Brain injury

We have considerable experience of cases where our clients have suffered a brain injury as a result of negligent medical treatment, including management of intracranial bleeding, meningitis, delays in carrying out appropriate investigations and tests and errors in diagnosis.

We are recognised for our expertise in assisting clients with brain injuries and their families by the Law Society of Scotland, the Association of Personal Injury Lawyers, Action against Medical Accidents, Headway Scotland and the Brain Injury Group.

We understand from many years of experience the life-changing impact a brain injury can have. While the physical problems themselves are extremely difficult to deal with it can also put a strain on your work, quality of life and relationships. We are experts in getting compensation to alleviate the financial burden of such an injury and also finding the right experts to assist with recovery and rehabilitation.

How to prove medical negligence

It is not enough for there to have been simple error or mistake. We must prove that there have been failures in your care which no ordinarily competent doctor or nurse would have made if acting with ordinary skill and care. We must then prove that these failures caused the injuries you suffered.

How we investigate your claim

We will take full details of what happened, where it took place, and when. We will then obtain your medical records and instruct an appropriately qualified expert. This expert will then review your medical records and prepare a report addressing the treatment received in line with the test for medical negligence. We have an excellent working relationship with medical professionals in a wide variety of disciplines to assist us.

There are legal rules about the timescale for making a legal claim. In terms of Scots law, the clock starts running from the date of the negligence taking place. If you are aged over 16 at the time of negligence, you have three years to raise a claim in court. The position involving injury to a child is different. A child generally has three years from their sixteenth birthday to commence a claim. The courts apply these time limits strictly but will make exceptions in some cases.

Funding your medical negligence claim

We offer a range of funding options, including Legal Aid in certain circumstances, which we can discuss with you.

Case study 1

We were instructed by the family of a child who had been taken to A&E on a number of occasions after being unwell for a protracted period. Despite ambulance staff suspecting meningitis, she was discharged from hospital with paracetamol and her family was reassured. Her condition deteriorated and she was soon found to have meningitis. The hospital staff failed to follow the applicable national guidelines or protocols. As a result of the delay in diagnosis, the child sustained a severe acquired brain injury, involving a motor impairment, severe learning difficulties and visual and hearing impairments. She will require twenty-four hour care for the rest of her life. We used our experience and knowledge to instruct numerous experts and to identify multiple failings. We also obtained a high-value settlement and reached a Periodical Payment Agreement with the Health Board, which will ensure that she is looked after for the rest of her life. This case was funded by Legal Aid.

Case study 2

We were instructed by a solicitor in the north of Scotland on behalf of a client who attended at A&E after suffering a sudden and severe headache, right-sided numbness and slurred speech. A CT scan and lumbar puncture were noted to be required but neither were ever carried out. This was in breach of the relevant guidelines. She was thereafter misdiagnosed and discharged. She subsequently collapsed at home and was taken to hospital as an emergency. An aneurysm was subsequently identified and was treated successfully however the client suffered a brain injury, with ongoing symptoms included neuropathic pain, mobility problems, fatigue and anxiety. A Personal Injury Trust was set up by our Private Client team [hyperlink], which will ensure that the client’s money is protected for the future. We acted for this client on a no-win, no fee basis.

Case study 3

Our client was admitted to hospital after collapsing at home. He was found to have low sodium levels in his blood. His sodium levels were over-corrected too quickly, leading to our client sustaining irreversible brain damage and profound physical disabilities. We secured compensation for our client, to recognise the devastating impact of his injury and to compensate him for the fact he could never return to work and would require significant help and support with day-to-day life in the future.

For more information, please call our medical negligence team directly on 0131 200 1358.

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