Neurology Claims: Neurosurgery Compensation & Neurological Negligence Claims

Like all medical practitioners, neurology practitioners owe their patients a duty of care, which means they should provide a reasonable  standard of care to everyone they treat. If a healthcare provider delivers a standard of care that falls below this level, this is medical negligence.

Medical negligence can cause injury or additional harm in any medicinal field. Many neurology claims involve the neurologist failing to diagnose a condition, meaning medical providers either fail to provide the correct treatment or they administer the wrong treatment altogether.

It is worth noting that sometimes complications can occur after treatment despite satisfactory care. Although you may have suffered an injury or your condition has worsened after receiving treatment, this does not mean you suffered negligence. This is why our team works on a No Win No Fee basis, so you will not be liable to pay your solicitor’s legal fees if your claim is unsuccessful. We will only proceed with your claim on a No Win No Fee basis if we believe it has reasonable prospects of success.

There are many types of neurological disorders, some of which can severely impact a person’s quality of life. Some neurological conditions a neurologist might address include:

• Seizures & Epilepsy: Seizures are electrical disturbances in the brain impacting how it functions. Epilepsy causes sufferers to experience seizures as well as unusual behaviours. There is no cure for epilepsy, but with medication, it can improve over time.
• Parkinson’s Disease: Parkinson’s disease is a movement disorder affecting the brain, which can cause tremors (parts of the body shaking involuntarily), muscle stiffness and inflexibility, and slowing of movement. Symptoms range from mild to severe, and whilst there is no cure, physiotherapy, occupational therapy, medication and surgery can be used to reduce the disease’s primary symptoms.
• Motor Neurone Disease (MND): MND affects the nerves and brain, causing weakness that exacerbates over time. MND primarily affects mobility but can also cause problems with speech and the ability to swallow food and breathe independently. Sufferers can benefit from medication, physiotherapy and occupational therapy. However, the disease is not curable and is eventually fatal, shortening the affected person’s life span. Psychological support is also often offered to patients with MND for this reason.
• Multiple Sclerosis (MS): MS affects the central nervous system, and sufferers may experience problems with vision, balance and arm and leg movement, causing varying levels of disability across patients. Diagnosis typically occurs when the affected individual is in their 20s or 30s and is more common in women.
• Dementia & Alzheimer’s Disease: Dementia is the general term for the impaired ability to remember, think or make decisions to the point it interferes with doing daily activities. Alzheimer’s disease is the most common cause of dementia in the UK. Those affected by Alzheimer’s disease suffer from memory loss, and their loss of brain function can affect their moods and/or ability to live independently, reducing a person’s life expectancy.
• Stroke: A stroke occurs when the blood supply to part of the brain gets cut off, causing brain cells to die; this can result in various symptoms, including sudden numbness or weakness, particularly on one side of the body, confusion, trouble speaking and loss of coordination. Immediate medical attention is critical to minimise brain damage and improve recovery outcomes.
• Tumours: Brain tumours are abnormal growths of cells within the brain. They can be benign (non-cancerous) or malignant (cancerous), potentially causing headaches, seizures, cognitive or personality changes and other neurological deficits, depending on their size and location. Treatment options include surgery, radiation therapy and chemotherapy.
• Traumatic brain injuries: Traumatic brain injuries (TBI) result from an external force causing brain dysfunction, often due to accidents or falls. Symptoms can vary widely, from mild concussions to severe brain damage, affecting cognitive function, motor skills and emotional regulation. Rehabilitation and therapy are crucial for recovery and managing long-term effects.

A neurosurgeon should provide a minimum standard of care during the surgical procedure. If you feel this standard of care was not delivered and that you suffered further injury, you may be able to claim compensation.

If you’ve had to pay to cover the costs of any expenses associated with your injuries, you can include these in your compensation claim. Some examples of special damages include:

• Medical expenses
• Care expenses
• Mobility equipment expenses
• Home adaptation expenses
• Loss of income reimbursement
• Travel expenses

Please note that you can only claim for special damages that include costs you incurred directly resulting from negligence and not your condition overall.

As with all medical negligence compensation claims, there is a three year time limit for neurology negligence claims. The time limit begins either on the day the medical negligence occurred or the day the affected individual became aware they suffered harm due to negligence.

For injured people under 18, an adult must claim on their behalf. Upon turning 18, the individual harmed by negligence has until their 21st birthday to make a claim, if one has not already been made.

If the affected individual lacks the mental capacity to make their own claim, someone else can take action on their behalf. The time limit is suspended for as long as the affected individual lacks the capacity to claim and will begin again only if the affected individual regains mental capacity.