An acquired brain injury is any sudden damage to the brain caused by events during a person’s lifetime, rather than as part of a genetic or congenital disorder. In some instances the brain injury may have been unavoidable but in others it may have been caused by an accident or as a result of negligent medical care. If a brain injury occurs but could have been avoided or significantly reduced if competent medical treatment had been provided then it may be possible to pursue a claim for damages.
Acquired brain injuries prevent your brain from functioning properly, and depending on the degree of impairment, can have a devastating effect on a person’s life. An acquired brain injury can result in:
- Memory loss
- Physical disability
- Seizures and epilepsy
- Visual and sensory problems
- Speech problems
- Depression and anxiety
- Pain and headaches
- Disturbed sleep
- Social and emotional difficulties
Expert Medical Opinion
It is important to note that before pursuing a negligence claim it will be necessary to instruct an independent medical expert to prepare a medical-legal report supporting your claim. It is not possible to simply issue court proceedings and call on the alleged wrongdoer to defend the claim. The medical expert will need to review your medical and treatment records and furnish an opinion on the standard of care received. The onus is on the plaintiff to demonstrate a direct link between the alleged substandard care and the harm suffered.
What to Do
If you or a loved one has suffered a brain injury as a result of negligent medical treatment it is important to seek legal advice as soon as possible. There are strict time limits within which to issue legal proceedings. Medical negligence cases are invariably complex matters and expert legal advice should always be sought before making a claim.
If you wish to discuss a possible claim or would like advice on any matter, please Contact Us for a consultation.