NHS Negligence Claims
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Read moreHydrocephalus compensation claims
You could be eligible to make a hydrocephalus compensation claim if your condition was misdiagnosed or poorly treated due to medical negligence.
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Hydrocephalus Compensation Claims
Hydrocephalus is a serious condition that can lead to permanent brain damage and disability if it is not promptly diagnosed and treated. If a medical mistake caused an avoidable brain injury to you or a loved one, you may be able to make a hydrocephalus compensation claim.
Healthcare professionals are expected to recognise the early signs of hydrocephalus, conduct appropriate investigations and provide safe and timely treatment. If this duty is breached, the consequences can be catastrophic, and in severe cases, fatal.
We understand how distressing and life-changing the effects of hydrocephalus negligence can be. Our team of specialist medical negligence solicitors are here to support you and help you claim compensation for all the pain, suffering and financial losses you’ve experienced.
For a free case assessment, call 0800 470 0474 today or use our online claim form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
What is hydrocephalus?
Hydrocephalus is a condition in which excess cerebrospinal fluid (CSF) builds up in the brain’s ventricles. This leads to increased pressure inside the skull, which can damage the brain tissue and cause long-term problems if not appropriately managed.
Hydrocephalus can develop at any age, but it is more common in infants and adults over 60 years old. It can be present at birth or acquired later in life due to injury, infection, or other factors. Prompt diagnosis and treatment are essential to prevent life-changing complications.
Hydrocephalus negligence refers to substandard care or treatment that causes preventable harm and may entitle you to proceed with a claim.
Am I eligible to make a hydrocephalus compensation claim?
A personal injury solicitor can let you know within minutes if you are entitled to make a claim for compensation. They will verify whether:
- A medical professional owed you or your child a duty of care.
- They breached this duty through negligence, such as misdiagnosis or delayed treatment.
- This has directly caused avoidable harm or worsened your condition.
- You are within the limitation period for starting a claim.
If you are eligible for compensation, your solicitor will help you gather supporting evidence, send a letter of claim to the defendant and handle all communication with them on your behalf. If necessary, they will also prepare for a court trial, but most claims (over 97%) are settled through negotiations.
Can I make a claim against the NHS?
Yes. If you suffered due to NHS negligence, you are well within your rights to claim compensation from the NHS Trust responsible. This will not affect the funds allocated for patient care and treatment.
Instead, all successful claims against the NHS are paid out by NHS Resolution. This is an arm’s-length body of the Department of Health and Social Care, funded through yearly premiums paid by NHS Trusts.
You can also make a claim against a private healthcare provider if their negligent care caused or worsened your injury. In this case, your compensation will be paid by their insurance provider.
What evidence do I need to support my compensation claim?
To make a successful medical negligence claim for hydrocephalus, you must be able to prove with evidence that you received substandard care and how this has affected you. Typical evidence used to support a claim includes:
- Medical records showing the initial diagnosis and treatment.
- Imaging results like CT scans and MRIs provide visual evidence of the fluid buildup in the brain.
- Independent reports from medical experts regarding the standard of care received and the long-term effects of the negligence.
- Statements from witnesses who can corroborate the events and the impact of the negligent care.
- Photos or videos showing errors in shunt surgery or any disabilities suffered.
- Copies of correspondence with the hospital, including formal complaints.
- Financial documents showing related losses and expenses.
What causes hydrocephalus?
Hydrocephalus may be congenital or acquired, and can develop from a number of causes, such as:
- Brain and spinal cord defects, such as spina bifida.
- Infections during pregnancy, like mumps or rubella.
- Premature birth complications, such as bleeding within the ventricles.
- Stroke.
- Brain or spinal cord tumours that block the flow of CSF.
- Complications following brain surgery.
- Head injury or trauma resulting from road traffic accidents, workplace accidents, and other incidents.
What are the symptoms of hydrocephalus?
The symptoms vary with age and the extent to which the disease has progressed. These can include:
Symptoms in infants
- A head that is unusually large.
- A bulging soft area on top of the head.
- A downward gaze of the eyes.
- Irritability or excessive crying.
- Poor feeding and vomiting.
- Seizures.
- Sleepiness.
Symptoms in children and adults
- Headaches and tiredness.
- Nausea and vomiting.
- Memory loss or cognitive decline.
- Blurred or double vision.
- Poor balance and coordination.
- Developmental delays
- Loss of bladder control or frequent urination.
How is hydrocephalus diagnosed and treated?
An early and accurate diagnosis of hydrocephalus is essential to prevent permanent brain damage and improve prognosis. Typical diagnostic tools include:
- A physical assessment of the signs and symptoms.
- A spinal tap or lumbar puncture.
- Intracranial pressure monitoring.
- Ultrasound scans for babies whose skull bones haven’t fused.
- Brain imaging techniques, such as CT scans and MRIs, to detect swelling and excess CSF.
If a healthcare provider fails to carry out these investigations when symptoms suggest hydrocephalus, this could amount to medical negligence.
The treatment of hydrocephalus aims to reduce pressure on the brain and restore the normal CSF flow, and could include:
- Implanting a thin tube (a shunt) in the brain to drain the excess fluid.
- An endoscopic third ventriculostomy is a minimally invasive surgery in which the doctor makes a hole in the bottom of the ventricle to allow trapped fluid to flow out of the brain.
- Supportive therapies such as counselling, occupational therapy and developmental therapy.
What types of medical negligence can lead to a hydrocephalus claim?
Common examples of medical negligence that could lead to a hydrocephalus compensation claim include:
- Delayed diagnosis due to misinterpretation of symptoms.
- Failing to order or interpret scans.
- Delayed referral to a specialist.
- Incorrect placement of shunts.
- Failing to diagnose and treat a blocked shunt.
- Failing to diagnose spina bifida on scans during pregnancy.
- Poor management of maternal infections.
- Delayed or inadequate treatment.
- Inadequate care for a premature baby.
- Failing to monitor for signs of increased intracranial pressure after birth.
- Failing to monitor and address post-surgical complications.
If hydrocephalus is misdiagnosed, untreated, or poorly managed, it can lead to lifelong disabilities for which you could claim compensation.
What could be the consequences of hydrocephalus negligence?
If hydrocephalus is undiagnosed and left untreated, the excess fluid and pressure on the brain can lead to devastating and life-changing consequences, such as:
- Learning disabilities and developmental delays.
- Memory loss and short attention span.
- Confusion and difficulty performing complex tasks.
- Seizures or epilepsy.
- Loss of mobility or coordination.
- Mood and behavioural changes.
- Vision problems, such as a squint or vision loss.
- Headaches.
- In severe cases, hydrocephalus can be fatal.
These complications can affect both babies and adults suffering from hydrocephalus and can have a profound emotional and financial impact on them and their families.
Can I make a claim on behalf of my child?
If your child was affected by hydrocephalus due to a birth injury or a later incident, you can act as their litigation friend and make a birth injury claim on their behalf. The court will appoint you as their litigation friend after you submit a certificate of suitability if:
- There is no conflict of interest between you.
- You can make fair and competent decisions about the claim.
Any compensation awarded to a child must be approved by a judge and will typically be held in a court bank account or personal injury trust until their 18th birthday. You can read more here: What is a litigation friend?
Is there a time limit to start a hydrocephalus negligence claim?
Yes. Under the Limitation Act 1980, you typically have three years from when the negligence is discovered (the date of knowledge) to start a hydrocephalus claim, with a few exceptions:
- Medical negligence claims for children can be made at any time before the child’s 18th birthday.
- There is no limitation date if the injured party is mentally incapacitated and cannot represent themselves.
- You have three years from the date of death to claim for a fatal injury.
How much compensation could I receive for a hydrocephalus injury?
The compensation awarded for hydrocephalus negligence will depend on the types and severity of the resulting harm and its impact on your life. Settlements typically cover two types of damages:
- General damages are awarded for the subjective impact. These include pain, suffering, loss of amenity, reduced life expectancy and similar losses.
- Special damages are awarded for related financial losses and expenses. These can include lost wages, loss of earning capacity, treatments, care costs and home adaptations.
According to the Judicial College guidelines, the compensation for a brain injury can range between £2,210-£12,770 for minimal damage with recovery within a few weeks to £493,000 for severe disability and need for full-time care.
How much will it cost to make a claim for hydrocephalus?
If you are entitled to financial compensation for hydrocephalus, our team of clinical negligence solicitors will offer you a no win no fee service. That means it will not cost you a single penny to start your claim, or if you lose it.
You only pay a success fee to your injury lawyer if and when you receive compensation. This fee is capped at 25% and agreed upon from the outset.
If you suffered negligent treatment and you want to make a claim, contact us for a free case assessment. You can call 0800 470 0474 or request a call back using our online claim form.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
