Guiding and supporting you
Many clinical negligence claims which involve neurological injury to the brain are due to a failure to diagnose and treat correctly, or at all, resulting in catastrophic consequences.
Neurologists are trained to investigate, diagnose and treat a wide range of disorders including:
- Traumatic brain injuries
- Brain tumours
- Headaches and migraines, facial pain and weakness
- Vertigo/balance disorders, dizziness and blackouts
- Tingling, pins and needles and numbness
- Epilepsy and seizures
- Memory problems, Alzheimer’s disease and dementia
- Stroke and mini-stroke/TIA
- Parkinson’s disease, tremors and disorders affecting movement
- Multiple Sclerosis
Claims can arise due to a failure to diagnose and treat these conditions, which can result in severe disability, brain damage and death.
Neurological examinations and observations must be conducted properly and thoroughly. From assessment of muscle strength and movement, balance, memory and speech to diagnostic tests such as CAT scans, MRI scans EMG/NVC, the specialist must know what to look for and how best to treat it. Errors at the diagnostic stage of assessment can have a devastating and permanent effect on the patient.
Our clinical negligence solicitors have dealt with many cases relating to brain injuries.
Brain injuries arising from clinical negligence can be lengthy and complex. Nobody wants to sue the NHS, but sometimes issues arise whereby it becomes the only option. If a patient or loved one has suffered a needless loss or has been exposed to a significant brain injury which could have been avoided, then it is inevitable that there will be long-term needs required, such as professional care, rehabilitation and therapies which can be costly. If a patient can no longer work due to a life-changing injury through no fault of their own and cannot cover these additional costs as well as the daily costs of living, then a claim is sometimes the only option.
Our clinical negligence solicitors in Essex and London have experience of bringing brain injury claims to a successful resolution for both patients and their loved ones.
Expert knowledge and advice
The Divorce Dissolution and Separation Act 2020 came into force on 6th April 2022. This gives effect to what is commonly called “no fault” divorce.
Either party may apply for a divorce after one year of marriage on the basis that the marriage has irretrievably broken down. This can be an application by one or both parties jointly. The divorce can only be disputed by challenging the jurisdiction of the Court or the validity of the marriage.
The Court fee is currently £593. The applicant(s) must wait a minimum of 20 weeks before they can apply for the Conditional Order and it is at this point that the Court can approve any financial agreement reached between the parties. There is then a further wait of at least 6 weeks before the Final Order can be obtained. The whole process now takes approximately 7 to 12 months depending upon your circumstances.
It is important that a financial remedy order is approved at the same time to ensure that all the financial claims you have against each other are fully dealt with. It is important that you have legal advice from experienced, specialist divorce solicitors to do so.
Brain Injury Claim FAQs
We understand you might be looking for answers to some unanswered questions so we’ve compiled a list of frequently asked questions to help get you started.
Yes. There is the potential that you may be given very short notice of the divorce being submitted by your spouse as they now have 28 days to serve the respondent from the date they issue it.
Further, even though you may decide to apply jointly for the divorce, this does not guarantee you will continue as joint applicants in the divorce application. Perhaps because of further deterioration of the relationship with the other party, or where the other party is not taking the necessary action to progress the application, it is possible to ‘switch’ the application from joint to sole. This can only happen at conditional and final order application stage.
Lastly, it is important to remain fully aware of the timetable of the divorce so that you can protect your rights as a spouse, until you have a financial order in place.
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You can contact us now to book an initial consultation. Or for more information please contact Catherine Polli on the details below.
