Brain injuries are amongst the most devastating and life-altering conditions that an individual can experience. They can result in long-term physical, emotional and cognitive challenges, often requiring extensive rehabilitation and care. When such injuries occur due to medical negligence or personal injury, the consequences may feel even more overwhelming.
Understanding Brain Injuries:
There are two main types of brain injury:
1. Traumatic Brain Injury (TBI)
A Traumatic Brain Injury (TBI) is an injury caused by some form of external trauma to the head. The exact nature of the symptoms can be wide ranging and will depend on the severity of the injury. For example, some types of TBI can cause temporary or short-term problems with brain function, including problems with how a person thinks, understands, moves and communicates. More serious TBIs can lead to severe and permanent disability, and possibly even death.
While the symptoms of a TBI can appear immediately, this is not always the case, and symptoms may not be apparent for hours, days or even weeks after the injury. Signs and symptoms of a TBI can include headaches, dizziness, confusion, fatigue, blurred or double vision, convulsions or seizures, nausea and vomiting or new neurological problems such as slurred speech, weakness of the limbs or loss of balance.
2. Acquired Brain Injury (ABI)
An Acquired Brain Injury (ABI) is an injury caused to the brain after birth and it can include damage sustained by infection, disease, lack of oxygen or a blow to the head. ABIs are not hereditary, congenital, degenerative, or induced by birth trauma.
Many individuals with an ABI often experience increased mental and physical fatigue, along with difficulty in processing information, planning, and problem-solving. They may also experience changes in behaviour, personality, physical and sensory abilities, as well as thinking and learning capabilities.
As with TBIs, it can be difficult to predict the long-term effects of an ABI.
Medical Negligence:**
Medical negligence arises when healthcare providers fail to meet the standard of care expected of a reasonably competent practitioner in that area of medicine, leading to preventable harm. Brain injuries can occur as a result of medical negligence, with those injured generally requiring specialist medical treatment and ongoing rehabilitation support. Brain injuries caused by medical negligence can arise from:
- Birth injuries: Errors during childbirth, such as lack of oxygen, infections, physical trauma, improper use of forceps or failure to address fetal distress can result in brain injuries like cerebral palsy.
- Surgical errors: Mistakes can happen in the operating theatre and the outcome may not be as you expected. Errors during brain or spinal surgery can result in significant brain damage.
- Anesthesia errors: Incorrect administration of anesthesia or failing to monitor vital signs can deprive the brain of oxygen causing permanent injury. A failure to notice changes in a patient’s blood pressure, oxygen levels or cardiac function whilst under anaesthetic can have devastating consequences.
- Delayed diagnosis: A delay in diagnosis and treatment of conditions such as strokes, brain tumors or infections can lead to irreversible brain damage.
Personal Injury:
A brain injury may also result from accidents caused by someone else's negligence or intentional actions. Examples include:
- Road Traffic Accidents: Head trauma from high-speed collisions is a leading cause of Traumatic Brain Injuries (TBIs).
- Accidents at work: A failure by an employer to ensure that the workplace is safe or a failure to supply adequate protective equipment can lead to an accident resulting in a brain injury.
- Slips and trips: Unsafe conditions resulting in a fall can cause brain injuries ranging from minor to life-threatening.
Recovery and Rehabilitation after a Brain Injury:
Patients living with a brain injury often require long term treatment and rehabilitation. Every patient’s needs and abilities after sustaining a brain injury are different, and the length of time that recovery will take, and the likely outcome is uncertain. Rehabilitation aims to help the brain learn alternative ways of working in order to minimise the long-term impact of the brain injury. It can also help patients to regain function and improve their quality of life.
A wide variety of cognitive, behavioural and emotional problems can occur after a brain injury and may impact significantly on work and family relationships. Even after minor injury some patients have persistent problems for months or even years. Financial pressures may be intensified if the patient, or a family member who cares for the patient, is unable to return to employment.
Bringing a claim for medical negligence or personal injury can help with all of these issues, with the potential for significant financial support as well as expert advice and organised rehabilitation.
Conclusion:
Brain injuries caused by medical negligence or personal injury often have lifelong impacts on the victim and their family. If you or a family member have been affected by a brain injury caused by sub-standard medical care or personal injury, you may wish to consider pursuing legal action. However, it is important to note that each case is unique and taking advice from a solicitor specialising in medical negligence or personal injury is essential.
Our team of expert medical negligence and personal injury solicitors is here to help. We can assist you to access funding for specialist treatment and to prepare you/your loved one for potential physical difficulties in later life.
If you are concerned that you or a loved one may have suffered a brain injury as a result of medical negligence or personal injury, please do not hesitate to contact us for a free no obligation discussion.
Our regular Clinical Negligence updates keep you up to date with all the latest legal developments you need to know about.
Send your query by clicking below and one of the team will be back in touch as soon as possible.