Brain injury resulting from medical negligence can have serious and life-changing consequences for individuals affected and, in some cases, can be fatal.
If you or a loved one have suffered a brain injury due to medical negligence, you may feel deeply concerned about what may happen in the future and you will likely have many unanswered questions.
At Lavelle Partners, we understand that brain injuries can cause great distress to both the injured individual and their loved ones who are trying to deal with the consequences. Families may struggle to cover the costs of everyday living and those associated with medical care, accommodation and travel to be with your loved one.
If the injury was directly due to the negligence of a medical professional, Lavelle Partners can assist you to determine if you can bring a claim against the negligent party for any damages incurred.
We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events. Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes and managing the submission of your medical negligence claim.
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What are the medical implications of a brain injury?
In the long term, people with brain injuries may fail to awaken, suffer the loss of motor movement or sensation, cognitive impairment, sensory impairment or damage to the autonomic nervous system which controls breathing and other vital bodily functions.
Whether the injury is minor or more severe in nature, the long term impact of damage to the brain can take a long time to become apparent. The extent of any outcome varies considerably from patient to patient because no two injuries are the same.
With modern approaches to treatment of brain injury, both in the acute phase and then in the rehabilitation period, patients now have the best possible chance of making a recovery.
At Lavelle Partners, we truly understand the implications of an acquired brain injury and have helped many clients who have been injured as a result of the negligent acts of a medical professional. We place the wider needs of our clients at the heart of what we do, providing support, guidance and legal expertise.
If you or a loved one have suffered a serious head injury due to negligence, we are here to take the load off your shoulders as much as we can. Our team of brain injury solicitors will listen to the circumstances leading to the brain injury with the utmost empathy and patience and advise you on your options for seeking legal recourse.
Types of brain injury
There are many types of brain injury, including, but not limited to:
Traumatic brain injury
Brain injuries can be caused in a number of medical contexts, including (but not limited to):
Surgery – i.e. due to blood loss, or errors relating to anaesthesia
Undiagnosed haemorrhages, blood clots, strokes, or other cardiovascular issues
Medical professionals have a duty of care to protect the health of patients, including taking care not to cause injury during the course of their work. Treatments, interventions and procedures should always be undertaken in such a way as to mitigate the possibility of brain damage. This means they must explain any risks to you before they proceed and defer to another more experienced medical professional if they are in any doubt.
To bring a claim for medical negligence relating to brain damage, it will be necessary to provide evidence that:
The medical care you received was below a satisfactory standard, and;
This negligence caused you damage or injury.
To prove your case, we will compile evidence including medical records and seek expert medical opinion.
Claims following brain damage due to medical negligence may cover two areas of loss:
Pain and suffering due to the injury;
Specific costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation and medical treatment, as well as expected future expenses, such as physical therapy and care costs. The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
It may be possible for someone to bring a claim on behalf of a loved one who does not have the mental capacity to bring a claim themselves. Expert advice should be sought from a brain injury solicitor to determine whether this applies to a specific situation.
For most brain injury claims in Ireland, there is a two-year time limit to claim. However, exceptions can apply depending on the circumstances, so it is important to speak to an expert for advice specific to individual situations.
Lavelle Partners have successfully managed many cases of injury or disease caused by brain damage related to medical negligence.
Our team is headed by partner Avril Scally, who has almost 20 years’ experience in medical negligence and personal injury claims. The team places client care at the centre of everything they do.
Our team have developed a reputation for excellence in their field, most recently being the recipients of Medical Negligence Team of the Year at the Irish Law Awards 2022.
From the first moment you speak to one of our solicitors, we will listen to your case carefully and with empathy and will only recommend advancing your case if we believe you have a valid case.
We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events.
Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes and managing the submission of your medical negligence claim.
By entrusting us to handle your brain injury claim on your behalf, you can focus on what is most important, your recovery and care or that of your family member or loved one.
At Lavelle Partners LLP, we have worked with many clients who have suffered serious medical negligence, successfully bringing claims on their behalf where it was due to negligence by another party. Here are some of our recent cases.
For further information on making a claim following a brain injury resulting from medical negligence in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at firstname.lastname@example.org
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.
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