Subarachnoid Haemorrhage Claims

A subarachnoid haemorrhage (a type of stroke) can cause severe, life changing injuries or even be fatal. Survivors of subarachnoid haemorrhage can have lifelong needs for care and therapies. We are specialists in bringing claims for compensation where there has been a delayed diagnosis of a subarachnoid haemorrhage or where the treatment has been performed negligently. Our focus is to ensure our clients get the best possible outcome and can look to a positive future.
 

Sufferers typically have a sudden onset severe headache. Other symptoms include a stiff neck, nausea and blurred vision. The symptoms can be misdiagnosed and the necessary coiling or clipping procedure may be delayed, leaving patients with permanent but avoidable brain damage. Errors can also be made during repair surgery.

Subarachnoid Haemorrhage Compensation

Subarachnoid haemorrhage compensation may include sums for specialist equipment, accommodation and therapies. The amount of compensation that can be obtained in a successful claim will depend on the extent of the injuries involved as well as many other factors including whether there have been a loss of earnings, whether carers are needed (and how many) and whether changes are needed to accommodation.

If you or a family member has suffered as a result of failures in the treatment of subarachnoid haemorrhage, we can support you through the process of bringing a claim for compensation. Where you have lost a loved one, we can also assist in bringing a compensation claim for the dependents of the person who has died. Please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We understand the complexities involved with subarachnoid haemorrhage claims and work with leading experts in various areas including Emergency Medicine, Interventional Radiology and Neurosurgery in order to assess the strength of a claim.

We then work with further experts to consider long term needs and the full amount of compensation required. These will vary from case to case but often include experts in care and case management, occupational therapy, neuro-psychiatry, neuro-psychology, speech and language and accommodation.

We will advise on the possible options to seek funding for early interventions and rehabilitation that are not available on the NHS.

Our lawyers are recognised by the directories – Legal 500 and Chambers – as specialists in clinical negligence cases. Our team is accredited by the Law Society for clinical negligence and many of our lawyers are personally accredited for clinical negligence practice by the Law Society and by AVMA (Action for Victims of Medical Accidents). We are with you when it matters most.

Frequently Asked QuestionS

What is a subarachnoid haemorrhage?

A subarachnoid haemorrhage is an uncommon type of stroke caused by bleeding on the brain. The cause is often a ruptured brain aneurysm. Often there is a ‘warning’ or ‘sentinel’ bleed which irritates the meninges of the brain, followed by a further more substantial bleed. If the symptoms of the sentinel bleed are missed then the result can be devastating for the patient.

How long do I have to bring a subarachnoid haemorrhage claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

Where a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that the injury was caused by negligence.

We also calculate the amount of compensation that can be claimed.  Typically, this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation.  We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer.

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

Will the case be decided by the Court?

Probably not.  The vast majority of personal injury and medical negligence claims are not decided by the Court.  Occasionally, the Court will decide a case, if it cannot be resolved any other way. If the case has good prospects of success then the Defendant will usually want to settle the claim without a trial and both parties are obliged to explore all settlement options including Alternative Dispute Resolution and Mediation. 
 
Successful claims are usually resolved by agreeing a settlement either before or during formal Court proceedings.

Where the claim is for a child or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement. This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person. The court hearing that concludes such cases is called an “Approval Hearing”.

How is the amount of compensation decided?

• Private round-the-clock care
• Private therapies and medical treatment
• Specialist equipment and vehicles
• Adapted accommodation
• Support with education or work (if that is possible for the injured person)
• Compensation for loss of earnings and pension
• Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.

What happens to compensation obtained for someone with a brain injury?

If an adult has ‘mental capacity’ to manage the compensation themselves, it will be paid to them.

If they do not have ‘mental capacity’ to manage their financial affairs, a professional ‘Deputy’ is usually appointed to manage the compensation on their behalf and to act in their best interests.  The Deputy will release funds to ensure that the injured person’s needs are met in an appropriate way.

See Kingsley Napley’s Court of Protection and Deputyship page for further details about the role of a professional Deputy.

I am struggling with effect of a brain injury.  Will it take a long time before the case is concluded?

Medical negligence and personal injury claims typically involve detailed investigation and expert evidence. They often take several years to resolve.

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately. This is known as an Interim Payment. This allows the injured person’s needs to begin to be met while the work to quantify the full amount of compensation continues.

Do you offer 'no win, no fee' agreements?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of the medical records themselves before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records.

Other organisations and resources that may help

• Headway - The Brain Injury Association
• The Child Brain Injury Trust 
• AvMA (Action against Medical Accidents) 
• Serious Injury Guide
• APIL (Association of Personal Injury Lawyers) 
• DEMAND (Design and Manufacture for Disability)