Meningitis Negligence Compensation Claims Solicitors

When does medical treatment for meningitis become negligent?

Meningitis care can be considered negligent when the condition isn’t diagnosed or treated quickly enough. This may include misdiagnosis, delays in referring the patient to hospital, failure to administer antibiotics promptly, or failure to properly monitor the patient’s condition.

Meningitis can resemble other common illnesses, so doctors may not always investigate it thoroughly, sometimes choosing to observe the patient first, especially in children.

A doctor is unlikely to be considered negligent if they took reasonable steps and still missed the diagnosis. But if the signs were mistakenly overlooked, misinterpreted, or not acted on appropriately, this may be classed as negligent care, and you may be able to make a meningitis negligence claim.

The National Institute for Health and Care Excellence provides detailed guidance for recognising, diagnosing, and managing bacterial meningitis.

Examples of medical negligence when treating meningitis include:

• Failure to recognise the potential signs of meningitis
• Meningitis misdiagnosis, leading to severe medical complications
• Delayed diagnosis of meningitis leading to severe medical complications
• The patient not being admitted to hospital or treated quickly enough once meningitis was diagnosed
• Failure to accurately monitor or act in relation to the patient’s condition
• Failure to treat the meningitis infection quickly enough with antibiotics
• Administering medical care that was inappropriate or ineffective.
• Failure to carry out the appropriate diagnostic tests
• Failure to interpret test results correctly

Medical negligence of Group B Strep leading to meningitis

If a pregnant mother develops a Group B strep infection during pregnancy, there is a higher risk of illness for the baby, including the risk of meningitis.

If a mother may have a Group B strep infection, medical professionals must act accordingly. Circumstances when negligent medical care has led to the baby developing meningitis include:

• Failure to recognise and manage the symptoms of Group B Strep (GBS) in the mother
• Failure to prescribe or a delayed prescription of treatment for the infection
• Failure to consider the increased risks of GBS if an infection was present during a previous pregnancy.
• Failure to administer antibiotics, or a delay in the administration of antibiotics to the mother
• Failure to monitor a baby with a high risk of developing GBS infection

What medical complications can meningitis lead to?

If a meningitis infection is not diagnosed and treated quickly enough, unfortunately, this can lead to serious, long-term and in some cases, life-changing medical conditions.

Some of these conditions include:

• Sepsis
• Brain damage
• Nerve damage
• Amputation
• Total or partial blindness
• Total or partial hearing loss
• Epilepsy or seizures
• Memory and concentration issues
• Behavioural problems
• Difficulties with coordination, balance, and movement

How much compensation can I claim for a meningitis negligence claim?

The compensation amounts you may receive for a meningitis negligence claim will depend on how severely the negligence treatment has affected your life or the life of your loved one.

Unfortunately, because the long-term medical consequences of a meningitis infection can be severe or fatal, compensation amounts can sometimes be substantial, often over £500,000.

As each meningitis negligence claim is unique, we are unable to value your claim without knowing the specifics of your case.

However, our experienced medical negligence solicitors will be able to advise you more clearly on what your claim might be worth during an initial consultation.

Compensation amounts for meningitis caused by medical negligence are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages

General damages amounts relate to the pain and suffering you may have experienced, while special damages relate to the effects the injuries may have on your life.

The Judicial College Guidelines from the Ministry of Justice provide guidance on the amount of compensation you can claim for general damages. General damages are awarded for:

• The severity and type of injury or illness you or your child may have suffered, and the level of pain and suffering you have experienced and may continue to experience
• Psychological distress
• Loss of amenity, including the impact on day-to-day life.

Special damages

In addition to the amount you can claim for general damages, you can claim for any reasonable financial losses or “out-of-pocket” expenses directly related to the negligent treatment you may have incurred.

Special damages are particularly significant in relation to claims where there is a need for ongoing medical support.

Special damages for a meningitis claim may include:

• Any loss of income or pension
• Any costs associated with rehabilitation or ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs relating to specialist equipment needed
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this care
• Any out-of-pocket expenses, including transport costs.

Can I make a no win no fee claim for meningitis negligence?

Yes, you can make a no win no fee claim for meningitis. Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court costs, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

What is the time limit to start a meningitis negligence claim?

You have up to three years to start your claim from when the medical negligence occurred or when you first became aware that the treatment you received was negligent.

However, there are some exceptions to the three-year limit. These include:

Claiming on behalf of a child for medical negligence leading to meningitis

If a child has been affected by negligence arising from meningitis, they have up to three years from the date of their 18th birthday to start a claim.

You can claim on behalf of a child if you are their parent or legal guardian. This is often known as claiming as a “litigation friend.” As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.

Claiming on behalf of someone with diminished mental capacity for medical negligence leading to meningitis

If a person is unable to claim due to limited mental capacity, the three-year time limit does not apply and may only start if their condition improves to a point where they are able to claim for themselves.

Similarly to claiming for a child, a legally designated “litigation friend” may be able to claim on their behalf.

In all cases, we recommend that you start your meningitis compensation claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case.

Can I make a meningitis negligence claim on behalf of a loved one who has passed away?

Yes, you are able to make a claim on behalf of a loved one in the very sad circumstances when a loved one has died from meningitis.

Our solicitors can help in a number of ways, including at the inquest, and to help you access a statutory bereavement award, which is a separate payment in recognition of your grief following a wrongful death. This payment is available to the spouse, civil partner, or the parents of the child who has passed.

What evidence do I need to start a meningitis negligence claim?

While discussing your claim with our specialist medical negligence claim solicitors, we will ask for information you can provide to support your case.

Don’t worry if you don’t have all of this information. Our experienced solicitors can collect this information on your behalf.

Such information may include, but isn’t limited to:

Your medical records

We will build a comprehensive file including all records of treatment you received while under the care of those who treated you.

A statement from yourself

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact of the care you received.

As your legal representative, we will combine this information with that from independent medical experts and build the strongest case possible to secure the maximum compensation you are legally entitled to.

How long does a meningitis negligence compensation claim take?

The timeframe for a meningitis claim will depend on the case’s complexity. The length of time a claim may take will depend on how quickly liability can be established and how quickly a compensation amount can be agreed.

Our specialist medical negligence solicitors will be able to advise how long your claim may take once they investigate the specifics of your claim.

Who is most at risk of contacting meningitis?

Anyone can be affected by meningitis, but some groups are at a higher risk than others.

Babies are particularly vulnerable, especially if:

• The infection is caused by Group B Streptococcus (GBS), E. coli, TB or another bacteria
• They are born prematurely (before 37 weeks)
• Their mother had a high temperature during labour more than 18 hours passed between the waters breaking and birth
• A previous child in the family had a GBS infection

Young children, teenagers, young adults, and students living away from home for the first time are also at increased risk.

Older adults and anyone with a weakened immune system are vulnerable too.

What are the signs of meningitis in babies?

Babies with meningitis may show some or all of the following signs, and they can appear in any order:

• A high temperature with cold hands and feet
• Vomiting or refusing feeds
• Being unsettled when handled
• Drowsiness, sleepiness or appearing floppy or unresponsive
• Rapid breathing or grunting
• An unusual cry or moaning
• A tense or bulging fontanelle (soft spot on the head)
• Neck stiffness
• Discomfort in bright light (photophobia)
• Seizures or convulsions
• Pale or blotchy skin, spots, or a rash that does not fade when pressed with the side of a glass

Many people associate meningitis with a rash, but not all babies with meningitis develop one.

Why choose Wolferstans to represent you for your meningitis negligence claim?

Our team of dedicated specialist medical negligence solicitors has decades of experience helping clients claim compensation even in the most challenging circumstances.

With a proven track record of successful claims, often achieved without the need for you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists.