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Similar to other medical negligence claims, head and brain injuries can vary greatly in terms of severity. As a result, the amount of compensation that you could receive varies too. It’s unlikely that an online compensation calculator can adequately value your claim.

If you have suffered a brain injury in the last three years that was caused by someone else’s negligence, then you should get in touch with our experienced medical negligence solicitors. Our team are legal professionals with medical knowledge and they can let you know if you have a valid case for brain injury compensation. We can talk you through the whole process.

To help you understand more about brain injury compensation, we have listed the different severities of brain injuries below.


Different Severities of Brain Injury

The figures below are taken from the government published Judicial College Guidelines, which are simply lump sums to illustrate the pain, suffering and loss of amenity you have suffered. However, these figures provide a guideline as to what compensation you  may receive. The figures below are not definitive but they serve as a rough guideline as to what may be expected in various cases.

Severity of InjuryInjury DescriptionPotential Compensation Amount
Very Severe Brain Damage Serious brain damage that has a significant effect on the senses and severe physical limitation. The need for full-time care. The court will consider the degree of understanding the victim has, their life expectancy, and the extent of physical limitation.£247,280 – £354,260
Moderately Severe Brain DamageCases of severe physical or cognitive disability which leave the victim substantially dependent on others and need constant care or other medical requirements. The court will consider the victim’s life expectancy, degree of understanding, degree of dependence on others, the extent of their physical limitations, their ability to communicate, and behavioural abnormalities.£183,150 – £235,790
Moderate Brain Damage (Upper Tier)Moderate to severe damage to intellect and/or changes in personality. An effect on their sight, speech, and other senses, and a serious risk of epilepsy.£131,620 – £192,090
Moderate Brain Damage (Middle Tier)Moderate to modest damage to intellect. The possibility of the victim returning to employment is either greatly reduced or completely removed. Possible risk of epilepsy.£79,530 – £131,620
Moderate Brain Damage (Lower Tier) Concentration and memory are badly affected, and there is a lower risk of epilepsy. There is a reduction in the ability to work, but have very limited dependency on others.£37,760 – £79,530
Less Severe Brain Damage A good recovery has been made with a return to normal social and work life. There may be potential for on-going impairments such as poor concentration, memory loss or mood problems. For the upper end of this bracket, there may be a small risk of epilepsy. The court will consider any permanent disabilities or the chance of permanent disabilities, the severity of the initial injury, any changes in personality, and any depression.£13,430 – £37,760
Minor Brain or Head Injury Cases of minimal brain damage or non-existent. The court will consider the severity of the initial injury, time of recovery, any on-going symptoms, and the presence of headaches.£1,940 – £11,200


Contact BTTJ Medical Negligence for Brain Injury Claims

We understand how upsetting it can be to talk about what has happened and how overwhelming the consequences of negligence are. At BTTJ , we have a team of legal professionals and medical negligence specialists who are exceptionally experienced at handling these types of cases. All advice and information are treated with total confidentiality, compassion, and care.

If you have suffered due to medical negligence and you would like to discuss pursuing a claim for brain injury compensation, then please get in touch with us to see how we can help.

You can call us on 0800 032 2474 or you can send us an email here.

Coventry lawyer and Head of the Medical Negligence team at BTTJ, Tom Barnes, has been awarded membership of the AvMA (Action Against Medical Accidents) Specialist Clinical Negligence Panel for a further five years.

Tom and his BTTJ medical negligence colleague Richard Stanford are the only AvMA panel members within Coventry and Warwickshire.

AvMA was established in 1982 and today the specialist clinical negligence panel is a highly sought after quality mark for medical negligence specialists.

Tom, who is also a member of the Law Society Clinical Negligence Panel, has focused on medical negligence claims since 1988 and represents clients nationwide.  He has also been recognised recently by the Legal 500 which acknowledged Tom’s huge amount of experience in this field.


If you need any advice on medical negligence, please feel free to contact Tom directly on or call 024 7653 1532

What is Needed for a Successful Brain Injury Claim?

Head or brain injuries are often the most severe types of injuries as they can cause serious and life-changing impairments. Even seemingly mild head or brain injuries could cause some unwanted side-effects. Medical professionals may sometimes miss subtle brain injuries as it can be difficult to assess the severity of a head injury. This means that the affected person may not get the appropriate care that they require.

If you have suffered a head or brain injury in the last three years that was caused by medical negligence, then you could be entitled to compensation. In order to make a successful brain injury claim, you must be able to prove that the injury was a result of the negligence of the Defendant..


What You Must Prove

To successfully make a claim for a brain injury, there are several elements which we will need to show:

  1. The Defendant must have owed you a ‘duty of care’.
  2. The Defendant must have failed to uphold their duty of care to you known as a breach of duty. This is required to substantiate a brain injury compensation claim and it can be through either something they didn’t do, or something they did do but didn’t meet the appropriate standard of care.
  3. As a result of the Defendant’s breach of duty they must have caused you to suffer a brain injury. This is known as Causation and is often the most disputed component of any medical negligence claim.


We must prove all of the elements above in order to be successful in your claim. It is for you to prove your case and not for the Defendant to disprove it.

These points may make the entire process sound quite difficult and challenging, but our experienced medical negligence solicitors at BTTJ have the legal and medical knowledge required to guide you through every step of the way, ensuring that making a claim is as easy as possible.


Contact BTTJ Medical Negligence for Brain Injury Claims

We understand how upsetting it can be to talk about what has happened and how overwhelming the consequences of negligence are. At BTTJ , we have a team of legal professionals and medical negligence specialists who are exceptionally experienced at handling these types of cases. All advice and information are treated with total confidentiality, compassion, and care.

If you have suffered due to medical negligence and you would like to discuss pursuing a claim for brain injury compensation, then please get in touch with us to see how we can help.

You can call us on 0800 032 2474 or you can send us an email here.

There are a number of types of brain injuries ranging from an acquired brain injury (ABI) arising from birth, a traumatic brain injury (TBI) usually caused by trauma to the head or other forms such as tumor, stroke or brain haemorrhage.

If someone suffers an injury to the brain, the effects can be wide ranging and can depend upon factors such as the type, locality and severity of injury.

For many people who have suffered as a result of medical negligence, compensation is the only way that they can afford to cope with the life-changing effects of a brain injury and to ensure that they receive adequate care and that their dependents are also looked after.

Perhaps it is someone close to you that has suffered from a brain or head injury?  If that person is not able to manage their own medical negligence claim, then you can do this on their behalf.

To help you understand more about brain injuries and how it might affect you, we have detailed some of the effects of brain injuries and provided more information about claiming on behalf of others.


Effects of Brain Injuries 

Even after a minor head injury, brain function can be temporarily impaired and is sometimes referred to as concussion which can cause further difficulties such as dizziness, fatigue or depression.

The more severe the brain injury, the more pronounced the long-term effects are likely to be. Those with more severe brain injuries are likely to have complex long-term problems affecting their personality, their relationships and their ability to lead an independent life.

Each area of the brain accommodates various mental and physical functions, so it can be difficult to quantify and cover the impact that a severe brain injury may have. There are three main groups as a general outline:

Cognitive Functions: Impairments to a person’s cognitive functions can result in severe problems and it may restrict their ability to function independently afterward. Memory loss, changes in personality, and intellect deficits can make reintegrating with society after an injury quite challenging. This may require extended therapy to regulate or overcome.

Motor Functions: The physical abilities of a person could be heavily affected which may restrict or reduce their mobility. This will increase their reliance on others for everyday activities and, ultimately, reduce their independence. The effects of the loss of independence may bring upon negative emotional reactions.

Emotional Responses: Emotional responses can be altered which makes symptoms harder to diagnose or quantify. Changes in emotional responses mean that this can be more complex to treat. They can be relatively minor responses such as mood swings but they can also be significant, such as depression or apathy.


What if my loved one does not have the capacity to claim?

If someone close to you had experienced brain injury from medical negligence and they are not able to manage their own claim, then a trusted friend or relative will be able to bring the claim on their behalf. By claiming on their behalf, you will take on the role and responsibilities as if they were acting themselves.

Generally speaking, there is a three-year time limit to make a medical negligence claim. However, in some cases where the individual has lost the mental capacity to make a claim without the assistance of others, there may be no time limit.


Contact BTTJ Medical Negligence for Brain Injury Claims

We understand how upsetting it can be to talk about what has happened and how overwhelming the consequences of negligence are.  We have a team of legal professionals and medical negligence specialists who are exceptionally experienced at handling these types of cases. All advice and information are treated with total confidentiality, compassion, and care.

If you have suffered due to medical negligence and you would like to discuss pursuing a claim for brain injury compensation, then please get in touch with us to see how we can help.

You can call us on 0800 032 2474 or you can send us an email here.

Dawn Slow, Medical Negligence lawyer at BTTJ, is currently involved with a complex case that for our client, LWR, combined a claim involving his employer as well as a claim involving medical negligence.


What happened?

The client had an accident at work and injured his knee.    He had pre existing arthritis.  7 months after the accident LWR was still in a lot of pain and underwent an arthroscopy, following which he could barely move his knee at all.


What did the experts say?

Experts agreed that LWR should not have undergone the arthroscopy due to the complications his arthritis would cause and to do this operation was negligent.


What did this mean in terms of who should settle?

This made the case much more complex and we now needed to ask “Did the client’s ongoing pain arise from the accident or did it arise from the medical negligence?”.  This was a difficult question as on the face of it the accident injury was a relatively minor one.  However it was necessary to ensure that there was no link between the accident injuries and the injury that occurred as a result of the arthroscopy before making any decision to settle the accident claim.

If there was any link at all between the ongoing pain and the accident injuries then the whole claim for all the injuries, including those arising from the medical negligence, would have to be settled by LWR’s employers.  This is because LWR would not have been referred for the arthroscopy had the accident at work not occurred and therefore all the pain and suffering he had could be directly linked back to the accident at work.

Anyone who suffers an accident where they are making a claim from any third party, who then suffers what is potentially a further injury at the hands of the NHS, must first look to see if the further injuries can be linked to the original accident.   If they can, all the injuries regardless of any negligence on the part of any NHS employee (or other medic), must be claimed as part of the original claim.    Only injuries arising from any medical negligence that there is a fair degree of  certainty cannot be linked back to the original accident should be dealt with as a separate medical negligence claim.  It is extremely important that a client understands the link between the two events and how that link may or may not have been broken so the two events might end up as separate claims.

Two separate experts advised that LWR would have been back to his pre accident condition within 3 months of his accident at work which was before the medical negligence took place.   This meant that the two potential claims could be separated – but, there was a risk that the NHS could argue that the ongoing injuries were due to the accident at work and not due to any negligence on their part – and if a Judge agreed that argument, then, by settling the accident at work claim early, the client might risk not being able to claim for his ongoing injuries against the NHS.


What was the outcome?

LWR needed a lot of very complex and technical legal advice on this which Dawn Slow gave in a way that was easy for LWR to understand – this meant he could make a fully informed decision on which step to take next and whether or not to settle his claim for his accident at work before finalising the medical negligence claim.

LWR’s accident claim was recently successfully settled at £5000 and his medical negligence claim is continuing.


image of doctor in office

It is probably little known to most that General Practitioners (GPs) do not have insurance to treat you.

Instead, GPs are required to be a member of a “Defence Union”, which provides discretionary indemnity arrangements in the case of a negligence claim.    However, as this arrangement is discretionary, and either the GP or the Defence Union can avoid their indemnity requirements, it means that if you are injured by a General Practitioner’s negligence, they might not have the cover in place to meet your claim for damages.

The Government has recently carried out a consultation and plans to replace existing discretionary indemnity arrangements with regulated cover, backed by the Government and similar to the arrangements with NHS doctors and hospitals.   The case made by the Government to switching to a regulated model is that under the current discretionary system – and unlike commercial insurance companies – there is  no contractual obligation to meet the cost of any claim against the professionals they cover and no legal obligation to ensure they have reserves to cover the cost of claims.

The Government plans to ensure that all healthcare professionals in the UK are covered by an appropriate indemnity scheme so that all clinical negligence cases are covered.

Not surprisingly, GPs and the Defence Unions are opposed to the proposals, fearing higher insurance premiums and that it will take away a significant amount of funding from the Defence Unions.


The present discretionary indemnity arrangements also extend to hospital doctors carrying out private consultations and treatment.   It is clear from the Ian Paterson (Breast Surgeon) experience that under the present scheme Defence Unions will try to avoid their financial responsibility if they can.

Unfortunately,  I have experienced over the years a number of cases where both GPs and private doctors have not had the appropriate indemnity cover for the treatment they are providing or that the Defence Unions have refused to indemnify the doctors under the discretionary scheme, leaving injured people without any real redress.


Tom Barnes

Head of Medical Negligence


About the Author

Tom is a partner of BTTJ and Head of the Medical Negligence department.  He is a member of both the Law Society Clinical Negligence Panel and the Action against Medical Accident panel and has been recognised by the Legal 500.

If you need any help with medical negligence you can call Tom on 024 7653 1532 or email

Each Baby Counts, an initiative led by the Royal College of Obstetricians and Gynaecologists, have recently published their second annual report  looking at the number of babies who die or are left severely disabled as a result of incidents occurring during term labour.

The report findings are based on the analysis of data from 2016 and key points include:

  • Of nearly 700,000 term babies born in the UK in 2016 the total number of babies that fulfilled the “Each Babies Counts” criteria was 1123. Of these there were 11% stillbirths, 13% early neonatal deaths and 765 severe brain injuries.
  • Of the 955 babies where the review had sufficient information to draw conclusions about the quality of care, the Each Baby Counts reviewers concluded that 674 babies, equating to 71%, might have had a different outcome with different care.
  • The main themes identified where improvements could have been made were failure by health professionals to identify or act upon relevant risk factors, issues related to monitoring of fetal wellbeing with CTG and blood sampling, and education or training issues.


More details on the findings and recommendations can be found by clicking here.



NHS Resolution, which was formerly NHS Litigation Authority, has published research on the motivation of patients making a compensation claim when something has gone wrong with their healthcare.

The research, which was conducted in partnership with The Behavioural Insights Team (BIT), surveyed 728 patients who had made a claim and looked at the incident that had occurred, how the patient felt it had been handled, how any subsequent complaint had been handled and the factors that led to the patient making a claim for compensation.  BIT also did an in-depth telephone interview with 20 past claimants.

The findings show that, in general, the research participants were not satisfied with the reactions of NHS staff following an incident or how their complaint was handled within the NHS.

It found that:

  • 63% of patients who responded felt that they did not receive an explanation for why the incident occurred.
  • Only 31% said they felt they had received an apology.
  • 71% of the people responding did not think that their healthcare provided undertook any actions to investigate the incident in the first instance.
  • Only 6% of respondents felt that actions were taken that would prevent the same incident happening again.
  • The majority rated the response to their complaint as ‘poor or very poor’ in terms of accuracy, empathy, speed of the response and level of detail.


It also found that both internal and external factors motivated patients to make a claim.  Personal motivations included:

  • Wanting to prevent similar things happening to others.
  • Wanting to receive an apology or an explanation for the incident, or to trigger a detailed investigation of the incident.
  • Wanting the clinicians involved to be held to account.
  • Emotional responses (e.g. frustration and anger) brought about by poor incident or complaint handling.
  • Financial compensation.

External motivations included:

  • Suggestions from NHS staff that making a claim would be appropriate
  • Advertising
  • Conversations with friends, family and wider social network


Helen Vernon, who is Chief Executive at NHS Resolution, said “This research confirms that claims for compensation can sometimes be made in the search of answers, which could have been provided when the incident occurred. Being open with patients when they suffer avoidable harm and taking tangible steps to learn from what happened are essential. We would like to thank the patients who spared the time to contribute to this valuable research, which will help us to build on our work with the NHS to improve the response when things go wrong.”


Full details of the research conducted can be found on the NHS Resolution website.

The Legal 500 has recognised Brindley Twist Tafft & James and recommended our Clinical Negligence department.

Seen as the leading guide to law firms and solicitors across the UK, the Legal 500 is an independent directory.


The 2018 results, which were recently published, recommends BTTJ’s clinical negligence department with the results reflecting the work the department covers relating to cerebral palsy, brain damage, gynaecology and orthopaedics.  Tom Barnes, Partner, and Richard Stanford, Solicitor from the Clinical Negligence department both received a special mention.  The publication recognises that Tom Barnes is ‘highly experienced‘, ‘has  a great case load‘ and ‘is popular with clients‘ and that Richard Stanford is ‘excellent‘, ‘clever‘, ‘hard working‘ and ‘canny‘.

Also recognised from Brindley Twist Tafft & James was our Corporate and Commercial department.  Samantha Wright, who is the Senior Partner at BTTJ, was recommended for her work in this field along with John Chadaway, Partner and Public Notary.

More information on the Legal 500 rankings can be found on the following links: 


As a qualified nurse working in the Clinical Negligence team it is likely that I will be the first person in the team that you speak with when you get in touch with Brindley Twist Tafft and James to discuss a potential claim.  It is my role to listen to people, to find out about their situation, to ask appropriate questions and to obtain the specific details surrounding their medical negligence complaint.

I know that patients who contact us about medical negligence are going through a traumatic time and that it can be difficult to speak to someone about what has happened.  It is very important that our clients and potential clients know that they are really being listened to and taken seriously;  I will always do everything that I can to support the people that I speak with, and to reassure them that their concerns are genuine.  People are often unsure if they have a case that can be pursued so we will work together to determine whether they do.

During our initial conversation with new clients I will ask questions about times, places and the events that took place.  Because of my extensive medical training and experience (12 years’ experience as a nurse working across a variety of medical settings including Emergency Care, Critical care and Community) I am able to quickly understand the medical details involved when people are describing the events that led them to get in touch with us.

Once I am content that I have obtained all of the relevant information, it is my role to present the facts of each potential case to the rest of the team.  Together we will go through what has happened and discuss how we can help you.

If we are able to help you pursue a claim, one of our specialist lawyers will be in touch to arrange an interview with you, which will normally take place in person.  This will include going through the background facts in detail as well as explaining the legal process.  One of the first steps after the interview is for us to obtain your medical records.  Once the records have been received, I use my medical training to help collate the records into a sensible order and to prepare a chronology of the key events.

Because many medical negligence cases are highly complex, we will often also instruct independent medical experts in the relevant field to assess your case and provide a formal report.

The team prides itself on obtaining the best possible settlements for all of our clients, as well as providing support throughout the whole process.


If you have any questions about medical negligence then  please get in touch to see how we can help.


John Snowdon

BTTJ Medico Legal Assistant

As a Specialist Clinical Negligence Practitioner, I work solely for clients who have suffered as a result of medical negligence.

It is my role to work with clients from their initial contact with us, all the way through to getting the best possible settlement for them.

I find that clients can sometimes feel unsure about getting in touch with a law firm; they do not know what to expect and are concerned about how daunting it may be on top of the challenges they already face due to the negligence.  When I first talk to my clients, I’ll take them through what steps are involved so that they understand what will happen during the claim process.

I am part of a vastly experienced Clinical Negligence team at Brindley Twist Tafft and James (BTTJ) who have members with specialist accreditation from the Law Society and from AvMA (Action Against Medical Accidents) and who fully understand how emotionally difficult bringing a claim may be.  We pride ourselves on making the process as straightforward as possible and do our best to put clients at ease.

Although each case is unique, the actions that I take to pursue compensation for clients that have suffered as a result of negligence can be broadly broken down into 4 main areas (which I also talk about in this video):

  • First I will obtain any relevant medical records – this helps me to establish a timeline of events.
  • Once I’ve assessed the records, I will ask an independent medical expert to assess the case and provide evidence as appropriate. At BTTJ we have a range of excellent independent medical professionals that we work with and will select an expert specific to each case.
  • Once we have received confirmation from an independent expert that negligence has occurred, I will formally make the allegations to the negligent party (the Defendant).
  • Finally I will obtain compensation for the harm that has been caused.

I support my clients throughout this whole process and am always on hand to explain what is happening and answer any questions.

If you have any queries about pursuing a medical negligence claim, please get in touch with me and I will be happy to help.

Angus Buchanan

Specialist Clinical Negligence Practitioner



About the author

Angus Buchanan joined BTTJ in 2015.  He has a law degree and has completed the Legal Practice Course and first worked as a paralegal before becoming a Specialist Clinical Negligence Practitioner.

Solicitor Cheryl Bereza & Paralegal Angus Buchanan answer some commonly asked questions about medical negligence claims in a new series of videos.

In the first 2 videos, they take a look at how you go about making a claim.






If you would like to discuss a medical negligence case, please get in touch with us.



drip in hospital


Sepsis (also known as septicaemia or blood poisoning) is a life threatening condition where the body responds to an infection. The infection can start in any part of the body and can be localised or widespread.  If it is not recognised at an early stage it can lead to shock, multiple tissue damage and potentially death.


There are around 123,000 cases of sepsis a year in England of which sepsis results in approximately 37,000 deaths.

Patients with sepsis usually experience one of the following symptoms:-

–          Slurred speech

–          Extreme shivering or muscle pain

–          Passing no urine

–          Severe breathlessness

–          Mottled or discoloured skin


Antibiotics are the main form of treatment for sepsis, which depending on the severity of the condition, will usually be given directly into a vein (intravenously). To reduce the risk of serious complication or death, antibiotic treatment should ideally start within an hour of diagnosis.


Therefore, if there is a failure to start antibiotic treatment promptly or failure to give the correct antibiotics this may result in the treatment not being as effective, resulting in serious consequences. This in turn can have a devastating impact on the patient and their family.

See the recent case below regarding a patient not being given the correct antibiotics:


If you think you or a member of your family has suffered due to an error in the treatment of sepsis, please contact our specialist medical negligence team.


I have been reading a number of articles over the last month about the stresses on our NHS in their 70th year.

The government have recently confirmed that the NHS will receive considerably higher funding over the next 5 or so years than they have done previously, in an effort to prop up this ailing service.  But is it enough?   The article below suggests not.

I have to assume that as this article is written by the National Health Executive the facts are correct.  If so, clearly we need to invest much more into our NHS to secure its future for ourselves and our children rather than just enough to keep it going.

Another article by the National Health Executive (see below) is also a cause for concern, particularly when combined with the facts in the article above.  It would seem that high vacancy or high turnover is currently a problem with many senior roles.

Settlements for the most serious of clinical negligence claims have increased recently due to a change made by government in interest rates.   This also affects the finances of the NHS.  Here is an example of the larger settlements made in serious cases.

We here at BTTJ deal with cases like this on a daily basis.   We always try to ensure that the NHS is aware of the potential cost to them of the cases we are dealing with so that they can budget for that potential cost going forward as these cases may take many years to settle.

I strongly believe that if a patient is injured as the result of the negligence of any member of NHS staff, that patient is entitled to full compensation to put them back, so far as is possible, into the position they would have been in had the incident not occurred – or to provide for any care they will need as a result of that negligence.  However I am also concerned that the funding available to the NHS is creating a vicious circle in that it has insufficient funds to properly equip and staff itself which leads to mistakes being made.  This in turn leads to payments for legal settlements which leaves less in the pot for equipment and staffing costs.

What can we do to prevent this?

There is little that we as solicitors can do other than support any lobbies to government to increase its spending in the NHS.

What we can also do is try to work with the NHS to settle any claims we are dealing with efficiently and in the most cost effective way we can whilst ensuring our clients receive the compensation they are entitled to and indeed often need to support their ongoing needs.  We at BTTJ have been doing this for many years now and will continue to do so to the best of our ability.   The team here at BTTJ are highly experienced and have a long history of working closely with the NHS legal team to bring about settlements that provide full restitution for our clients without running up costs for the NHS unnecessarily.

If you need any help, please call me on 024 7653 1532 or email me at


About the author

Dawn Slow has over 30 years experience dealing with clinical negligence cases of all types.  She is also Secretary to LLR CBIT Family Support Group and Trustee of LLR Headway and Vice Chair of Fundraising, Media and Politics Committee.

A No Win, No Fee Agreement is also known as a Conditional Fee Agreement and enables you to make a claim for compensation, with no financial risk to you and without paying any legal fees upfront.

In the event of your claim being unsuccessful for any reason, you will not have to pay any legal fees either to us or your opponent.

This means that those who might otherwise have been unable to pursue a claim with the worry of escalating legal costs are now able to do so without concern.

At BTTJ we offer No Win, No Fee Agreements on all types of Medical / Clinical Negligence cases.


If you have a query about a medical negligence claim and how No Win, No Fee works, please get in touch with me on 024 7653 1532 or email me at


About the author

Lynette Walsh advises and represents clinical negligence claimants and has more than 14 years experience.  She is also an Accredited Member of the Association of Personal Injury Lawyers and Law Society Panel.