Failure to diagnose developmental delays due to brain injury

What is failure to diagnose developmental delays due to brain injury?

Failure to diagnose developmental delays due to brain injury refers to situations where medical professionals fail to spot early signs or symptoms indicating that a child has experienced neurological damage. Brain injuries in infants or young children can arise for various reasons, including birth trauma, medical mistakes during delivery, oxygen deprivation (hypoxia) or infections affecting the brain.

Such injuries can lead to developmental delays, affecting key areas of growth and ability, including cognitive development, motor skills, speech, social and emotional capabilities. Delayed or missed diagnosis can deprive children of timely intervention and targeted therapies, resulting in irreversible developmental complications and significantly reduced life opportunities.

Can you claim compensation for failure to diagnose developmental delays due to brain injury?

If your child has suffered as a result of a healthcare professional's delay or failure to accurately diagnose developmental delays caused by a brain injury, you may be entitled to claim compensation. Successful claims can assist you in ensuring your child receives essential specialist care, rehabilitation therapies, ongoing education support, adapted housing, equipment provision and financial stability.

To achieve a successful claim, it will have to be demonstrated that:

• The medical professional owed a duty of care to your child
• They breached that duty by failing to correctly or promptly diagnose the developmental delay linked to the brain injury
• As a result of this negligence, your child has suffered harm or loss, leading to ongoing physical, cognitive and emotional challenges

Our expert solicitors at Stephensons have the skill, resources and empathy to carefully assess each case, gather compelling medical evidence and guide you step-by-step through the claims process.

Why choose us for your developmental delays brain injury claim?

Stephensons is a trusted law firm experienced in handling sensitive, complex medical negligence claims involving children and brain injuries. We are recognised for our commitment to excellence, backed by accreditations from respected legal bodies, including the Law Society's Clinical Negligence Accreditation and Lexcel Quality Mark, affirming our stringent professional standards and client-focused approach.

When you choose Stephensons, you benefit from:

• A dedicated team of solicitors specialising in medical negligence claims involving children
• Proven success in securing compensation for families affected by paediatric brain injuries
• Sensitivity, compassion and understanding at every stage of your case
• Clear, accessible legal advice, ensuring your family feels supported throughout the process
• Flexible funding options, including conditional fee arrangements (no win, no fee), to minimise financial risk

How we can help you

Our experienced medical negligence solicitors at Stephensons work closely with respected medical experts to carefully investigate your case, establish liability and ensure maximum compensation. We will:

• Provide detailed, straightforward advice tailored to your child's specific circumstances
• Manage all aspects of your claim, relieving you of additional stress
• Work to secure interim payments whenever possible, enabling immediate access to medical treatment, care services and rehabilitation programmes
• Negotiate aggressively with insurers and healthcare providers to achieve the settlement your child deserves
• Support you throughout the claim, offering understanding and emotional support at every stage

Contact Stephensons today

If you believe your child experienced developmental delays due to a brain injury that medical professionals failed to diagnose in time, contact Stephensons today. Call us on 0161 696 6165 or fill in our enquiry form, and an expert solicitor will call you back to discuss your case confidentially and without obligation.

Frequently asked questions

Is there a time limit for claiming compensation?

You have until your child's 21st birthday to bring forward a claim on their behalf. However, it is advisable to begin the claim as soon as possible, while medical evidence and recollections remain clear and accurate.

How long does a developmental delay brain injury claim take?

The duration of such claims varies greatly. Complex medical negligence cases typically take between 18 months and three years, or sometimes longer, dependent on the specifics of your case and nature of the dispute. Our solicitors will provide realistic estimates when we review your circumstances.

What compensation amount can you expect for developmental delays due to brain injury?

Each case is unique, with compensation amounts depending on the severity of your child's injuries, costs of long-term care, loss of future earnings and the extent of medical negligence involved. Stephensons will carefully assess your claim to provide an accurate estimate based on individual circumstances.

To discuss your situation in detail and find out how Stephensons can help, please get in touch today. We are here to support you and your family through every step of your medical negligence claim.