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Our brain injury lawyers are specialists in achieving high-value compensation awards for children with brain damage whether they have kernicterus through jaundice, cerebral palsy, disability from birth trauma, neonatal injury or permanent neurological damage caused by medical negligence treatment.
We are a leading specialist brain injury law firm. Our dedicated team of injury lawyers are able to provide advice and assistance through our high levels of legal expertise and links with brain injury associations and those providing brain injury rehabilitation and support.
Kernicterus is a dangerous, but preventable, complication of jaundice in which the baby suffers brain damage. Bilirubin is a yellow substance produced by red blood cells breaking down in the body. As a newborn baby’s liver is not fully developed, it can be less effective at removing bilirubin from the blood.
Kernicterus occurs when the baby’s bilirubin levels have been allowed to rise to dangerous levels through inadequate monitoring or delayed treatment of hyperbilirubinaemia. The unprocessed bilirubin can travel through the blood-brain barrier where it causes irreversible damage to the brain and spinal cord. This is known as bilirubin encephalopathy. The pattern of damage and its characteristic yellow staining of the brain is known as kernicterus.
To help support your kernicterus claim, we will obtain medical records, any investigation documentation and treatment protocols. We will then take a detailed witness statement from you and others as necessary, and instruct independent medical experts to consider the care your child received and the consequences for your child of the failings in their care.
The defendant may accept responsibility for your child's injury as a result of negligent care, and we may be able to negotiate the appropriate compensation award at this point.
If settlement is not achieved, we will start court proceedings and take the case towards trial, keeping the defendant under pressure to agree settlement of the claim. Over 95% of cases succeed without the need for trial, but every case is prepared on the basis that a judge will need to decide all the issues in the claim that the defendant has not admitted.
We aim to achieve early admissions of liability and interim payments to alleviate the financial hardship that often follows a family member’s brain injury. This helps our client families to meet their child’s immediate needs for specialist equipment, therapies, adapted accommodation, special educational support and care. Each settlement is calculated and negotiated following detailed, expert assessment of the child’s condition to ensure the best provision for their present and future needs.
Premature babies, full-term babies with excessive levels of bilirubin in their blood (hyperbilirubinaemia) and babies whose bilirubin levels are above the treatment threshold and are rising rapidly are at risk.
Increased risk factors for hyperbilirubinaemia include:
Kernicterus can be prevented by:
Jaundice is a common condition which is closely related to kernicterus and is the name that is given to the initial signs of excess bilirubin in the blood. These signs can include:
Jaundice affects 60% of full term babies and 80% of premature babies in their first week of life. It is often harmless and usually lasts up to two weeks. Babies who are exclusively breastfed are at greater risk, with 10% still having jaundice at one month of age.
Even though jaundice is usually transient and harmless, babies with jaundice must be diagnosed, carefully monitored and properly treated to avoid the development of kernicterus.
Jaundice can also be a sign that the baby is suffering from another serious condition which is affecting the liver’s ability to process the bilirubin, such as:
Some of the early signs that the baby’s brain is being damaged include:
Longer-term, permanently disabling effects of kernicterus brain damage include:
If your child suffered severe neurological injury, such as kernicterus brain damage or cerebral palsy as a result of medical negligence before birth, at birth or during the first eight weeks of life, they may be eligible for Legal Aid, depending on our assessment of the strength of each individual case.
Legal aid is often available for kernicterus brain damage cases, as they usually arise from negligent management of the baby’s bilirubin levels in the early neonatal period.
$23 million damages settlement for a child who suffered kernicterus brain damage from untreated jaundice in the first few days of his life. Our client has cerebral palsy, problems with communication, impaired vision and deafness. His compensation was calculated to reflect the costs of meeting his needs arising from his disability in the USA, where he now resides. Interim payments of £1,350,000 were obtained to meet his urgent needs whilst the claim was ongoing.
£7 million settlement for a child whose kernicterus brain injury was caused by delayed referral to hospital for treatment for neonatal jaundice. The brain injury led to dyskinetic cerebral palsy and severe neurological disability, impaired feeding and swallowing, and hearing loss.
Liability (fault) judgment for a client who suffered kernicterus brain damage leading to cerebral palsy after hospital staff failed to treat his rising bilirubin levels in the neonatal (newborn) period after his birth. The hospital admitted liability for our client’s injury. Judgment and interim payments were obtained, and the case put on hold until our client is old enough for his future needs to be accurately assessed.
Out of court compensation settlement for a child who suffered a brain injury when the post-natal midwives failed to diagnose neonatal jaundice. Following discharge from hospital he developed hyperbilirubinaemia and kernicterus damage to his brain.
Compensation settlement for a baby who suffered a kernicterus brain injury from delayed phototherapy treatment for neonatal jaundice after his premature birth.
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Senior associate - solicitor
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Associate - Solicitor
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Medical negligence is when a medical professional, such as a doctor, midwife, or nurse, or other healthcare practitioner is negligent if they act in a way that falls below any acceptable standard of care.
If someone is injured as a result of medical negligence, they are entitled to compensation for any injury that was caused and for the financial consequences of that injury.
Medical negligence claims that involve severe injury and disability should always be handled by specialist medical negligence solicitors. It takes experience and skill to successfully prove that medical negligence has caused a patient’s injuries, and to secure the highest levels of compensation.
Anyone who has suffered serious injury or disability as a result of negligent NHS or private medical care can make a medical negligence claim for compensation. Special rules apply to children, adults with mental incapacity, and claims arising from a fatal injury/someone’s death.
Children and teenagers under the age of 18, or anyone with mental incapacity, must make their claim via a ‘litigation friend’. This is usually a parent or guardian in the case of a child, or a partner or other adult family member in the case of an adult with mental incapacity. The solicitor handling the claim takes instructions and works closely with the litigation friend whilst ensuring that decisions are made in the best interests of the child or mentally incapable adult who is making the claim. You can find out more about making a claim for a child.
Some important decisions, such as agreements to settle a child or mentally incapable adult’s claim, must be approved by the court. Arrangements must also be made to safeguard the child or mentally incapable adult’s compensation, whether from an interim payment, lump sum settlement or agreed future payments. Depending on the claimant’s circumstances, this may be done by paying the money into a Court Funds Office account until the child is 18, by appointing a Court of Protection deputy or setting up a personal injury trust. You can find out more about Court of Protection deputyship and personal injury trusts.
If the claim is for bereaved family members and dependants after medical negligence caused someone’s death, the claim must be made by the deceased’s personal representative (executor or administrator of their estate) on behalf of all who are entitled to compensation as a result of the death. You can find out more about making a fatal injury medical negligence claim here.
The NHS has a responsibility to provide its patients with a safe and acceptable level of care. If a patient is seriously injured or their condition is made significantly worse as a result of negligent NHS care, the patient may be entitled to claim compensation.
Compensation can help meet the costs of care, therapies, equipment and home adaptations that are needed when an NHS mistake causes injury or disability that permanently affects the patient’s life.
We are experts at helping clients receive the compensation they deserve from the NHS. We understand the concerns that patients and their families sometimes have about claiming against the NHS. You can read our answers to many of the most common questions on our NHS claims page or speak to one of our solicitors about your own claim by contacting us.
Whilst we cannot guarantee that any particular claim will settle out of court, we take great care in investigating and preparing each claim that we take on. Our clients’ claims usually settle successfully without the need for a contested trial.
Occasionally, cases can only be concluded by a formal court hearing, such as where:
Where our client’s claim is complicated by any of the above, we may advise our client that for the case to proceed, it must go to a court hearing. Our caring and highly experienced medical negligence solicitors and barristers ensure that our clients are always kept informed and supported.
Even in non-contested cases, there will be occasions when the case is brought for shorter hearings before the court, such as after a settlement for a child or brain injured adult without mental capacity takes place. In these cases, the lawyers for both sides present the agreed settlement to the court for the judge’s approval.
Each claimant’s compensation is calculated in accordance with mandatory rules based on their individual circumstances.
Compensation for medical negligence should put the injured person back in the position that they would have been in if the negligence hadn’t happened, in so far as money can.
In a medical negligence claim, the amount of compensation depends on:
Compensation for medical negligence usually includes a sum for the injury, and sums to compensate for financial losses and the cost of meeting the needs that arise from the disability.
Our medical negligence solicitors ensure clients receive their compensation in the way that is best suited to meet their needs.
Depending on our clients’ injuries, individual circumstances and needs, we can recover compensation to pay for:
Where medical negligence caused someone’s death, compensation may be claimed by the deceased’s dependants and on behalf of the deceased’s estate. Compensation in a fatal injury medical negligence claim can be paid for:
There are three ways to fund a medical negligence claim, legal aid, no win no fee, and legal expense insurance.
A medical examination is usually needed to assess our client’s injury. Where our client has suffered multiple injuries or both physical and psychological injuries, they may need to be examined by specialists in each area. This is important to make sure that our client’s injuries are fully assessed and understood, so that they can be properly compensated.
If a medical examination is needed, we instruct the specialist and make the arrangements. We ensure that they have access to our client’s medical records and are aware of the background to the claim. The hospital or doctor against whom the claim is being made may also ask for our client to be examined by their medical expert.
The law states that, in most cases, someone who has been injured as a result of medical negligence has three years from the date of the negligence which caused the injury to issue court proceedings. If they fail to issue court proceedings within that time, their claim will be statute barred, meaning that they lose their right to bring a claim.
There are the following exceptions to the three-year rule:
Regardless of your time limit, we recommend that you contact our medical negligence solicitors as soon as you can, even if at that stage you are only considering whether to make a claim.
By contacting us early, it avoids later problems with deadlines and allows us to advise you on how to collect and preserve essential evidence. This enables us to ensure you have the best chance of securing your entitlement to full compensation for your claim.
If a baby, child, or teenager under the age of 18 makes a claim for compensation for injuries caused by medical negligence, their claim is made on their behalf by a ‘litigation friend’. This is usually a parent or guardian.
As the child’s solicitor, we have a responsibility to make sure that all decisions relating to the claim are made in the best interests of the child. To do this, we work very closely with the child’s family. Some important decisions, such as settlement agreements or the amount of money that is allocated to a child in a claim involving more than one claimant, must be approved by the court.
We are specialists in helping families obtain full compensation for children who have been very severely injured, leaving them with permanent disability and lifelong specialist needs. Our expert children’s claims service includes a dedicated Court of Protection team who help our clients protect, budget and access their compensation via deputyship and trusts, and an SEN team to ensure that their special educational needs are met. Find out more about how we help families, children, and teenagers with children’s claims.
If you think that you or a family member have received negligent medical treatment or have experienced malpractice, we recommend that you speak to one of our friendly, experienced clinical negligence claim solicitors as soon as possible.
You can contact us by telephone or by email. Your enquiry will be handled confidentially and preliminary advice in relation to pursuing a claim will be given free of charge.
Our medical negligence solicitors will ask you to tell us briefly what has happened, advise you about the limitation deadlines (time limits) which apply to your claim and whether we are able to help you investigate your claim.
Once our initial investigations have taken place, we will notify the defendant (hospital or doctor) of your intention to pursue a claim and invite them to respond, giving them an opportunity to admit liability, before court proceedings are issued.
If liability is admitted, we will enter judgment and apply for an interim payment as soon as possible to meet any urgent needs that you may have as a result of the negligently caused injury.
If liability is disputed, we will discuss with you the further steps that we need to take to progress your claim.
Our extensive guide on making a medical negligence claim explains the whole process, if you require any further information.
The duration of a medical negligence claim depends on the individual circumstances of the client’s case. The claim is likely to take less time to conclude where:
Circumstances which make the claim more complex and therefore take longer to resolve include:
Our medical negligence solicitors work hard to secure early admissions of liability and substantial interim payments so that we can begin to alleviate financial hardship and provide essential care, respite, specialist equipment, therapies and home adaptations long before the claim has settled. With liability judgments secured and interim funds in place, the individual and their family are able to focus on rebuilding their lives whilst we concentrate on valuing and negotiating settlement of the claim.
Compensation is carefully structured to ensure the best provision for the injured person’s needs. Our clients often benefit from different types of compensation, including:
Where healthcare is found to be (legally) negligent, then the claimant (the person making the claim) must prove that their injury was caused or significantly worsened by the negligent care.
This is important because the patient may already be very ill when they receive negligent medical care. In those circumstances, they must prove that their injury (and its financial consequences) would have been avoided or greatly reduced if correct treatment had been given. This aspect of the medical negligence claim is known as ‘causation’. Causation must be proven, even if negligence is admitted, for the claim to succeed and compensation to be awarded.
Negligence and causation must be proven by supportive opinions from medical experts. We instruct experts in the same field of medicine as the negligent care to tell us whether the care that was given was of a reasonable standard. If negligence is proven, we ask medical specialists in the type of injury suffered, to confirm whether our client’s injury was caused or made worse by the negligent treatment, or would have been reduced or avoided with correct care.
In a medical negligence claim, compensation will only be paid for injuries and loss that we can prove were caused by the healthcare provider’s negligence. Once we know what mistakes were made, the next step (causation) is to identify the extent of the injury or disability that was caused by those mistakes.
Proving causation in complex medical negligence cases requires both medical expertise and understanding of the law. We often succeed in claims where NHS Resolution (the NHS’ defence organisation) has denied ‘causation’. You can read more about how we overcome difficulties with causation in complex birth injury cases.
Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
Fran has been an amazing support through a very difficult time for me and my family. Always available to speak and kept me in the loop with anything happening, she has been so kind, and I thank her so much for helping and getting my mum the justice she deserved.
What has to be some of the most testing horrible times was dealt with in a dignified, honest, approachable and truly empathetic manner. I could not begin to do Susan justice for her handling of our case.
I approached Boyes Turner after my claim was turned down by one of the Medical Negligence Claim company. My wife was a victim of medical negligence.
Boyes Turner have acted so efficiently on our behalf and was able to win our case. Anytime we contact them, their customer service was very good as they kept us fully informed of every level our case has developed. They are very friendly and approachable and great in their professional advise. I would strongly recommend anyone approach them for their legal and medical negligence services.
Thoroughly professional, knowledgable and approachable with communication and updates as and when needed, in what can be a drawn out process, I was always comfortable asking questions and always received answers which were clear and understandable. Highly recommend
I came to Boyes Turner desperate after searching the web for a firm to use for my sons case. He was only a few months so my mind was all over the place, but from the very first point of contact I felt a sense of relieve and belonging. I was welcomed and looked after by amazing staff who always communicated everything so well and went the extra mile to explain things and ensure I understood what was happening every step of the way (THANK YOU SUSAN BROWN). Susan was amazing I felt like I not only had a solicitor but someone who understood my emotions as a mother and always handled me with so much compassion and that was all I needed to keep me going for the 6 years of the case. Years went by in a breeze because of how professional Boyes Turner was. I am so greatful I went through it all with them and mananged to get my son a good compensation. We look forward our new life where my sons needs are priority after struggling for so long. Thank you Boyes Turner and thank you Susan Brown. My family and I are ever indebted.