Pro-bono medical negligence support secures extensive testing for brain stem dead patient
Our medical negligence team provided pro-bono legal support to the family of a young man who was considered brain-dead.
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AuthorsFiona Tinsley
When a client or their family comes to us after a serious accident — such as a brain or spinal injury — our medical negligence and serious injury solicitors work alongside leading barristers from Exchange Chambers to provide extensive support.
From the moment we’re instructed right through the treatment and recovery process — and sometimes even beyond — our family-orientated approach is all about using our knowledge and experience to guide clients through the initial shock and what can be a difficult, draining and complex journey.
We can help to make your lives that little bit easier. Here, Fiona Tinsley (Partner and Head of Medical Negligence and Serious Injury, Brabners) and Bill Braithwaite KC (Barrister, Exchange Chambers) explain the teamwork approach we adopt to support clients and their families who've suffered from a serious injury — from getting home after hospital treatment to money worries, accommodation and transport arrangements as well as the ongoing rehabilitation, care and support that may follow.
Our roles mean that we often meet patients early on in the treatment process after a serious accident. Teamwork is essential — and solicitors and barristers can form an effective and efficient team.
Of course, the family of the injured person is the central part of this team. They’ll need to make critical decisions throughout the process, but it’s our job to make sure they’re fully informed.
As specialist lawyers following a serious accident or injury, our first priority is to help everyone manage life — never mind any court case or compensation. We want to help families get through this period together and secure the best possible treatment and recovery for their injured loved one.
That’s why we meet with the family as soon as possible to start building a relationship, get behind them and explain what support is available — support that they so desperately need at such a difficult time.
When we’re engaged by a client, we’re there on the end of the phone at all times. When a family has no idea how to move forward, we can provide reassurance and be that point of contact for even the slightest issues that they need help in understanding or resolving. We build such great relationships with those clients because we’re truly by their side. We’ve stayed in touch with many clients from years ago because they’re still so important to us as people.
One of the first things that people start to worry about once they’re over the initial shock of an injury is how to get home. Their existing home might not be suitable for a seriously injured person. Since we understand more about the process than they could ever imagine, we’re able to guide them through the practicalities.
This may even involve helping a patient to find alternative housing if their present home isn’t suitable. In one of Bill’s recent cases, more than £1m was spent on purchasing a new home for the injured person at a fairly early stage.
In such circumstances, we need to rely on the support of independent experts who can advise on the need for alternative accommodation and the extent of any home adaptations that may be needed to support the case going forward. Over the years, we’re fortunate to have come to know many top-quality medical experts, including some of the most eminent and highly regarded in the country. By combining the knowledge and contacts of both solicitors and barristers, we can ensure that the right external experts are chosen — something that’s so critical when presenting a compensation claim and helps us to secure the support that the family needs as quickly as possible.
After accommodation, the most immediate worry that families typically have is money. While this can be even more stressful if the injured person was the main wage earner, money is almost certain to be a concern no matter who’s injured in your family.
Often, we can secure an interim payment for the family very early on. Since this is a court-orientated payment, if the person or body responsible for the injury won’t provide it voluntarily, we can apply for a court order. Securing an interim payment can help to ease the money pressure and enable the family to concentrate on other issues. We can also signpost clients to all the welfare benefits that they may be entitled to.
Again, Bill’s recent case secured over £2m in interim payments from the NHS. While this may seem like a substantial sum, this payment isn’t just a one-off — money problems are ongoing, especially where treatment, rehabilitation and lifestyle changes are required to facilitate a person’s recovery. There also could be further payments down the line and a lump-sum settlement at the very end.
Rehabilitation will often start while the patient is still in hospital. Sometimes, a patient will have been referred to a special unit to undergo intense rehabilitation. Yet rehabilitation doesn’t stop there — once the patient gets home, this work may well need to continue.
We can assist clients in getting the right level of specialism on board at an early point after they arrive home to ensure that the injured person isn’t missing out on crucial support that will aid their recovery.
While acute rehabilitation in hospital is often very good, some clients experience that the rehabilitation offered once they get home — particularly where brain injuries are concerned — isn’t as effective. There are many private units across the country that offer impressive brain injury rehabilitation services and as your legal team, we always want to make sure you’re receiving the best care possible. Since we represent families all over the country, we know which units to recommend that should be best suited for a particular patient and their needs.
Our focus is always on quality of life. Following a serious injury, a patient may also be unable to travel in the same way that they could previously. In the case of a severe brain injury, the chances of the patient driving a vehicle are significantly reduced, if not non-existent.
While wheelchair-accessible vehicles come in all shapes and sizes, even travelling in a vehicle isn’t always easy. Some families will need a motor home to get around in — something that can act as a lavatory, changing space (for incontinence), refuge or simply a resting space because the patient can’t manage a full day out. Without such transport, some patients who struggle to get out and about may risk becoming institutionalised in their home.
An injured person’s family may need to take on very different roles to what they’re used to following a serious accident, such as providing care. We understand that the person who’s providing that care and support will need a break at times — and we can look into the professional side of care and assistance that the patient may need.
Many families struggle to find a good, long-term care solution. They might have the daytime sorted but find that nighttime care is tricky. This can interact with the accommodation issue if a home isn’t big enough to have outside support workers look after your loved one.
We can help families to manage this situation. We know how intrusive external care can be in your family life and can help to plan and manage these arrangements to ensure that everyone feels comfortable. It can be tempting for a specialist legal team to tell a client what they need — in reality, our job is to simply provide advice on what’s available. Every family is different and will need to work out for themselves how they want to manage their lives with our support.
We’re incredibly passionate about what we do. Our team is here to support you and your family through whatever it is that you’re experiencing.
If you need help, give us a call on 0333 004 4488.
You can also email us at hello@brabners.com or complete our contact form below.
We operate on a no-win, no-fee basis, so there’s absolutely no obligation on you for getting in touch. If you want us to come and see you, we’ll be there, no matter where you are.
Fiona Tinsley
Fiona is a Partner in our litigation team and our head of medical negligence and serious personal injury.
Our medical negligence team provided pro-bono legal support to the family of a young man who was considered brain-dead.
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