Brain Injury – Your Legal Rights

If you believe that the actions or omissions of a medical professional is responsible for causing a brain injury to you or a loved one, whether you were treated privately or through the NHS, you/your loved one may have the right to pursue a claim for medical negligence. If you can establish that there were negligent failures in the care provided, and that these caused or contributed to the injury, then you or your loved one have the right to receive compensation.  The level of compensation will depend on the extent of the injury and its impact in each unique circumstance.

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We do not underestimate the impact that a brain injury has on individuals and their entire families. Brain damage or a brain injury can be traumatic enough, but when it is acquired as a result of medical negligence, it can be even more distressing. If you believe or suspect that the injury may be because of medical negligence, then it is important to consider your legal rights. 

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MDS, is one of the few legal firms in the UK which specialises in just medical negligence. Our entire firm is dedicated to this one specialist area of law. We are well-qualified to guide you through the process of making a medical negligence claim.

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Our specialist lawyers can help you to establish whether you should proceed with a claim and if so, how to ensure that you/your loved one receive(s) maximum compensation for the injuries.

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In every medical negligence claim, there are three things which need to be established.

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1. There was a breach of duty.
   All medical professionals have a duty of care which they owe to their patients. The relevant medical expert will be asked to provide an opinion on whether the care provided was negligent.
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2. The breach of duty caused or materially contributed to the injury. 
   This is usually the difficult part.  It must be established that the damage was caused by the negligence of the health professional and that there was not any another cause.  
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3. The nature of the injury caused and the extent of the injury.
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Establishing the nature of the injury and the extent of it is vital when it comes to determining the level of compensation which is due to you/the injured person.  

In some cases, the brain injury will cause a physical impairment such that an individual needs help with physical activities only.  In other cases, the injury will cause physical and/or neurological impairment, leaving an individual dependent on others in every aspect of their life.

Independent medical experts will be instructed to provide this crucial information.

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Expert Evidence

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We have built up a very strong and proven network of independent, impartial and highly eminent brain damage experts whom we will instruct on your behalf to provide an opinion on your case.

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Taking advice from a specialist in this area of law is vitally important, particularly given the complexities in cases where brain damage has occurred.

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Our specialist firm will provide you with the professional support, guidance and advice that you need at a difficult time with care and compassion.