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When the Quality of Medical Treatment Provided Worsens the Impact of Brain Injury

Action for Brain Injury Week (ABI Week) is recognised from the 15th to 21st May 2023 in the UK. The campaign is supported by Headway – The Brain Injury Association and acknowledges and raises awareness of the challenges associated with brain injuries. This year the campaign focuses on a powerful statistic: every 90 seconds, someone in the UK is admitted to hospital with a brain injury. Headway works to improve life after brain injury by providing vital support and information services and works to raise awareness of brain injury and the devastating effects it can have.

What is a brain injury?

A brain injury is caused by external force upon the brain. Injuries are classified by severity (mild, moderate and severe), mechanism (non-penetrating i.e. caused by a blow or forceful movement, or penetrating i.e. when something directly damages brain tissue, usually through a cut or wound to the head) or features such as a specific or widespread location of the injury to the brain.

There are a range of factors which determine the impact a brain injury can or will have on a person’s life, including safety/preventative measures such helmets, or the actions of those around a victim, but what happens when the quality of medical treatment provided worsens the impact of a brain injury?

When the quality of medical treatment provided worsens the impact of brain injury – a case study

When our Client presented at hospital with symptoms of vomiting, slurred speech, arm weakness and a tremor, they were diagnosed with bleeding from an arteriovenous malformation (AVM), discharged with physiotherapy exercises and given a follow up appointment for three months’ time.

There was a risk that the untreated AVM might bleed again, so treatment options were discussed with our Client. An embolization procedure was recommended and accepted by our Client, however, their treating doctors neglected to seek specialist treatment advice regarding a highly specialised and effective alternative treatment option. Sadly, during the embolization procedure, our Client suffered a stroke which resulted in disturbed speech, impaired mobility and fatigue. The impact of the stroke resulted in our Client suffering a permanent brain injury, intensive rehabilitation and permanent care needs which will likely increase with age.

We reviewed our Client’s medical records and conducted an in-depth investigation into the care our Client received, whilst also obtaining expert evidence from a number of specialised medical professionals.

We alleged that our Client’s treating doctors provided substandard care by not obtaining specialist treatment advice; by failing to heed the amount of time following the first brain bleed which rendered the risk of a secondary bleed much lower; and a failure to recognise the risks of a stroke associated with the embolization treatment given the position of our Client’s AVM and to correctly carry out the said procedure.

The Defendant denied all liability and so the claim progressed as we fought our Client’s case. Eventually settlement negotiations were instigated and a settlement of over £1million was achieved for our Client.

What can you do to support ABI Week?

You can support Headway’s efforts by participating in Action for Brain Injury Week by:

  • Donating to Headway to support their efforts in improving life after brain injury
  • Liking, posting and sharing material on safety measures, prevention and awareness of brain injuries #ABIWeek
  • Leave a gift in your will to the Headway Charity
  • Share your story to Headway if you have suffered any brain injury

How can we help if you feel you have suffered any form of medical negligence involving the diagnosis or treatment of a brain injury?

If you feel you have suffered any form of medical negligence, including involving the diagnosis or treatment of a brain injury, please contact our team and we will be able to give you free initial advice as to whether you have a claim.

Cases that we can help you with include:

  • Failure to diagnose strokes and aneurysms
  • Failure to diagnose tumours
  • Brain injuries suffered by babies at birth
  • Surgical errors
  • Anaesthetic errors

 

 

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