What are the different types of meningitis negligence claims?

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Terry Regan

Director and Head of Medical and Clinical Negligence

Meningitis is an incredibly serious condition that can have a lasting impact both physically and emotionally. It is vital to treat the condition quickly to prevent any serious complications. Sometimes, a case of meningitis is misdiagnosed, treated incorrectly or not treated quickly enough, which can lead to preventable damage. If you suspect you or your child have been a victim of meningitis negligence, it can be helpful to understand whether your case classes as negligence and what you can do to achieve compensation.

Here, we discuss the common causes of meningitis negligence, how to make a claim and the benefits of seeking legal advice.

Types of meningitis negligence claims

When meningitis is not treated quickly enough, it can lead to debilitating conditions including brain injury, hearing and sight loss, amputation or even death. Unfortunately, the early symptoms of meningitis can often seem similar to a condition such as flu, which can lead to misdiagnosis or the incorrect treatment being provided. In instances where inadequate treatment has led to complications that could have otherwise been prevented, a negligence claim can be made.

One example of a meningitis negligence claim is that of a child who suffered permanent brain damage in 2006 because of a misdiagnosis by the University Hospital Southampton NHS Trust. If treatment had been given at the time of her admission to the hospital, she would have made a full recovery. Common types of meningitis negligence cases can include:

  • A delayed diagnosis or complete misdiagnosis leading to further injury. Find out more about meningitis misdiagnosis here.

  • A failure to apply further diagnosis tests, leading to damage that could have been prevented.

  • Often, a GP can fail to spot the warning signs of meningitis, which can lead to delays in an adult or child being treated in hospital.

  • A failure to treat the condition in a timely manner.

  • The mistreatment of meningitis, such as providing the incorrect medication.

  • Failure to monitor people in hospital who at more at risk of meningitis, such as people who have just had surgery, pregnant women or people with a compromised immune system.

If you feel that you have a meningitis negligence claim, you can get in touch with our expert medical negligence team here at Wake Smith, where we can consult around your case and help you find the closure you need.

Why do meningitis negligence cases often involve children?

Younger children are often unable to communicate how they feel, sometimes making it difficult to seek the correct diagnosis and treatment quickly. Teenagers and older children, on the other hand, often mistake meningitis symptoms for conditions such as the flu. This means that children are particularly at risk of not getting the attention and treatment they need quickly enough, and their meningitis symptoms can often be misdiagnosed.

In some instances, a GP may fail to refer a child to the hospital, or a child may be dismissed with symptoms of the flu or a different infection by hospital staff. There may also be delays in a hospital that can cause a child’s symptoms to quickly worsen, sometimes leading to sepsis. Additionally, hospital staff may fail to follow up on a child’s meningitis case, sometimes leading to long-term complications.

Read our full guide to meningitis in children and making a claim here.

Who can receive compensation?

Anyone that feels clinical negligence was involved in a case of meningitis may be eligible for compensation, provided that there’s evidence to support the claim. In this case, the medical negligence team here at Wake Smith can help you secure the maximum amount of compensation you’re owed, plus any external costs that you may be entitled to. The points that are considered in a compensation claim include:

  • The severity of the outcome of the condition - particularly if damage or injury was incurred that could have been prevented or if the negligence led to a fatality.

  • Emotional or physical trauma that was incurred by the condition.

  • Medical or travel expenses associated with the claim.

  • The lasting impact of the condition that may require rehabilitation or extra-care, such as brain injury.

How much compensation could I receive for meningitis negligence?

Due to the severity of the condition, the amount that you could receive in compensation for meningitis negligence could be substantial. Although it depends on the individual and the severity of their injuries, the potential compensation can be broken down into two categories: special damages and general damages. General damages are designed to directly cover the pain that the claimant suffers or has endured. Special damages relate more to treatment cost, loss of earnings, associated expenses and equipment that may be required day-to-day. These types of damages often form the biggest percentage of a claim and solicitors will typically aim to ensure that the majority of costs are covered by this compensation.

While there’s no definitive number, some meningitis negligence claims can fetch in excess of £1 million and more, depending on the severity of the impact it’s had on the patient’s life. If you feel you’ve experienced medical negligence, Wake Smith can ensure that you get the justice and compensation that you deserve going forward.

Making a hospital negligence claim for a meningitis case

You can contact us to speak to one of our expert team members who will evaluate your claim. If we feel you have a case, we will help you file a liability claim. If this is not admitted, but we agree that you have a case worthy of a compensation claim, then we will advise on the best method for going forward, and the case will be taken to court if necessary. We will always advise on the least time-consuming method for going forward. Our expert team will be with you every step of the way to ensure you receive the justice and compensation you deserve.

Gathering evidence of the negligence you experienced, such as a misdiagnosis or incorrect treatment can help increase the likelihood of gaining compensation.

How Wake Smith can help

Here at Wake Smith, we have an experienced team of medical negligence Solicitors that are able to help you get the maximum compensation that you deserve. Our specialist team is made up of solicitors from the Law Society Panel and Action against Medical Accidents. This means we’re well placed to offer any advice or representation that you may need around medical or clinical negligence, particularly with meningitis negligence claims.

While not all cases go to court; if necessary, we’re able to help with these types of proceedings and have plenty of experience at all levels including the Court of Appeal, Supreme Court and the European Court of Justice.

Do you suspect you could be owed compensation for a meningitis negligence case? Contact us here.

Frequently asked questions

What does meningitis misdiagnosis involve?

A meningitis misdiagnosis can cover a range of potential situations. Unfortunately, the early symptoms of meningitis are very similar to that of a cold or flu, which can result in a misdiagnosis and delay of treatment. In some circumstances, the wrong treatment may be prescribed and it’s also been known for no treatment to be prescribed whatsoever. In both cases, this can have potentially life-changing long-term effects for the patient. Find out more about meningitis misdiagnosis here.

What complications can meningitis result in?

The main complications related to meningitis are loss of senses (including hearing and sight), recurring seizures, mobility and coordination problems, behavioural problems, loss of extremities or even limbs, joint problems and organ problems.

What are the signs and symptoms of meningitis?

It can be difficult to pin down a definitive meningitis diagnosis as the condition can progress without showing symptoms and even when it does show, it can be mistaken for a cold or flu. Some of the common symptoms include nausea, vomiting, high temperature, cold extremities, headaches, muscle and joint pain, spots or a rash, drowsiness and seizures. If you’re experiencing the above symptoms, it’s vital to seek medical help immediately.

What are the complications of bacterial meningitis?

Bacterial meningitis is caused by a bacterial infection and has more potential to result in fatal consequences when compared to the other forms of the condition. Those who do recover can experience long-term or even permanent disabilities such as brain injury or a loss of senses. Unfortunately, bacterial meningitis can also quickly lead to sepsis, which is when the infection enters the bloodstream and is also a potentially life-threatening condition.

Find out more about sepsis and medical negligence here.

What are the symptoms of meningitis in babies and young children?

The initial symptoms are fevers, vomiting, headaches and a general ‘unwell’ feeling. This can then develop into a cold feeling in the extremities, pain in the limbs and pale skin before a rash develops and neck stiffness occurs.

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Director and Head of Medical and Clinical Negligence

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