Meningitis Claims

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Substandard treatment of meningitis can have critical consequences. If symptoms are misdiagnosed or not acted on quickly enough, the effects can be life threatening and cause serious long-term injuries.

We act for adults, children, and families who have been impacted by medical negligence in connection with the treatment of meningitis and sepsis.

Meningitis refers to inflammation around the brain and spinal cord, which is often caused by a viral or bacterial infection. It is a dangerous illness which requires urgent treatment. If not treated swiftly, it can lead to serious brain injury, blood poisoning and death. Some people recover fully. Others, however, suffer long-term effects including brain injury, amputation of limbs, visual impairment or hearing loss.

Meningitis can affect anyone but it is more common amongst newborn babies, children and younger adults and those over 65.

Symptoms of meningitis include a high temperature, vomiting, stiff neck and a rash that doesn’t fade when pressed with a glass. However, whilst the rash may be a well-known symptom, it is not always present and symptoms can be assumed to relate to other conditions, causing a critical delay in diagnosis. Sometimes the rash develops very late in the disease process by which time treatment may not be as effective as it might have been.

Meningitis Compensation

Our team have been successful in obtaining compensation in claims relating to meningitis, improving the quality of life of our clients. Meningitis compensation can help to provide lifelong care and other treatments where there have been serious and debilitating consequences of negligence. Where a child has been injured they may, for example, require specialist schooling. The amount of compensation will vary from case to case and will depend on the severity of injury and other factors such as whether there are lost earnings.

If you or a family member has suffered as a result of failures in the treatment of meningitis, 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 (or your child’s) claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We understand the complexities involved with meningitis claims and the need to establish the type of initial infection and how it was contracted in order to confirm what treatment should have been given and what difference this would have made. We work with experienced medical experts (such infectious disease specialists and microbiologists) to assess the strength of a case.

We also calculate the funds required to provide an individualised package of high-quality care and support going forwards. Compensation may also be claimed for losses, such as lost earnings or pension.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

For further information about compensation we have secured for clients, see cases we have acted in.

Meningitis FAQS

What is meningitis?

Meningitis is an illness in which the membranes around the brain and spinal cord (the meninges) become inflamed. Often this is caused by a virus or bacterial infection. It can occur at any age.

In some cases, when meningitis is caused by bacterial infection, the bacteria also enter the bloodstream and cause sepsis (blood poisoning). This is described as meningococcal septicaemia.

How long do I have to bring a 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 family member who is not able to do it themselves?

If a claim relates to disabilities 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.

Where the claim relates to someone’s death, the Executor(s) of their Estate or one of their dependants can bring the claim.

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, witness statements, and expert evidence to prove that the poor outcome 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) 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 medical negligence claims are not decided by the Court. Occasionally, the Court will decide a case, if it cannot be resolved any other way.

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.

How is the amount of compensation decided?

Where someone has suffered disability as a result of medical negligence, we tailor the compensation to meet their needs.

The first step is to consider how the disabilities have affected their life and whether that will change in the future. We then calculate the amount of funds required to meet their additional needs and compensate them. Depending upon the circumstances, this may include funds for:

Private care
Private therapies and medical care
Specialist equipment and vehicles
Adapted accommodation
Support with education and 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. This often includes predicting the long-term needs of disabled children and adults over their whole lifetime.

Where someone has died, the compensation primarily relates to compensating the deceased’s dependents for the practical and/or financial support which they would otherwise have received from the deceased.

I am already struggling with aftermath of meningitis. Will it take a long time before the case is concluded?

Medical negligence claims typically involve detailed investigation and expert evidence. Therefore, they often take several years to resolve.

Our approach is to seek an admission of liability (i.e. 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 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 their (or their child’s) records before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records yourself.