How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Specialist claims
Brain Injury Caused by Medical Treatment Claims
A brain injury associated with medical treatment can affect thinking, movement, communication and independence. A claim requires careful investigation of the care and whether an avoidable failure caused or worsened the injury. Families can ask for an initial discussion on a loved one’s behalf.
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Could this apply to you?
1
Failure to respond to reduced oxygen supply during treatment
2
Avoidable delay in recognising neurological deterioration
3
Anaesthetic, airway or monitoring concerns
Last updated 7 October 2026
Understanding the claim
When might a claim be investigated?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
Failure to respond to reduced oxygen supply during treatment
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Avoidable delay in recognising neurological deterioration
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Anaesthetic, airway or monitoring concerns
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
A treatment or medication error linked to brain injury
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Delayed diagnosis or treatment of a condition affecting the brain
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to escalate a serious deterioration after surgery
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Separating the original illness from avoidable harm
Brain injury may result from the underlying illness, a recognised complication or a failure in care. For example, an interruption in oxygen supply can cause a hypoxic or anoxic injury, but establishing why it happened and whether it was avoidable requires expert assessment.
The legal review examines the timeline, observations and opportunities to intervene. It must address the difference appropriate care would probably have made, rather than assume that the timing of an injury proves treatment caused it negligently.
Looking beyond the initial hospital stay
The effects of a brain injury can become clearer over time. Assessment may include cognition, behaviour, communication, fatigue, mobility and the ability to work or manage everyday tasks. Different specialists may be needed to understand the prognosis.
Where liability and the relevant losses are established, a claim may address rehabilitation, care, equipment, housing needs and lost earnings. Interim payments may be considered in suitable cases, but are not guaranteed and should not be relied on before advice.
Enquiring for someone who needs support
A family member can start a conversation, but authority to pursue a claim and make decisions must be assessed. If the injured person lacks capacity to conduct proceedings, a suitable litigation friend may be needed; family relationship alone does not confer that role.
This page concerns acquired brain injury associated with medical care. The brain injury at birth page remains available for maternity and neonatal cases. Time-limit rules can differ for children and people lacking the relevant capacity, so obtain individual advice promptly.
Evidence
What evidence may help?
Relevant evidence depends on the circumstances. Common sources include:
01
Observation charts, anaesthetic and critical care records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
02
Brain imaging, test results and neurological assessments
The evidence is considered alongside the chronology and appropriate independent expert opinion.
03
Emergency response records and a treatment chronology
The evidence is considered alongside the chronology and appropriate independent expert opinion.
04
Independent specialist evidence on injury, prognosis and care needs
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
Start an enquiry
Tell us what happened.
Questions answered
Brain Injury from Medical Treatment FAQs
Can a brain injury after anaesthesia be investigated?
Yes. Monitoring, oxygenation, airway management and the response to problems may be relevant. An adverse outcome alone is not proof of negligent anaesthetic care.
Does the claim need a confirmed long-term prognosis before I enquire?
No. Initial advice can be sought while recovery continues. A final assessment of future needs may require more time and specialist evidence.
Can I complete the checker for a loved one?
You can request an initial conversation on their behalf. Explain your relationship when contacted. The team must assess consent, authority and any capacity issues before taking further steps.
Does sending an enquiry mean the claim is accepted?
No. The team must review the facts, deadlines, evidence and funding before confirming whether it can act. The checker does not determine liability or stop time running.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Related claim types
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