Delayed diagnosis of meningitis: How a legal claim can help
Following recent reports of a rise in meningitis among young adults and students in England, it is a timely reminder of the importance of obtaining a prompt diagnosis and treatment.
Unfortunately, failings in medical care can lead to catastrophic consequences. Those who have suffered negligent care are entitled to a legal claim for compensation, for the injuries and financial losses suffered.
Understanding meningitis and why time matters
Meningitis is an inflammation of the area surrounding the brain and spinal cord. It can be caused by either a viral or bacterial infection, although bacterial meningitis is often considered to be more serious, requiring urgent treatment.
Symptoms can develop suddenly and may include a high temperature, severe headache, vomiting, a stiff neck, sensitivity to light, confusion, drowsiness and, in some cases, a rash that does not fade when pressed.
The condition can deteriorate rapidly, which is why early diagnosis and treatment are so important. When meningitis is recognised and treated quickly, many people make a good recovery. However, where there are delays in diagnosis or treatment, the consequences can be devastating.
In the most serious cases, delayed treatment can lead to sepsis, acquired brain injury, hearing loss, epilepsy, mobility difficulties, cognitive problems and, tragically, death.
For many people, the impact of meningitis extends far beyond the initial illness and continues long after they have left hospital.
Through my work as a brain injury solicitor, I know first-hand the catastrophic consequences that negligence in meningitis claims can cause. My team have successfully represented many clients who suffered negligent care in relation to meningitis. This includes a case where we secured £10.5 million compensation for a client whose life was devastated by a delayed diagnosis and failure to treat meningitis, causing a catastrophic brain injury, leaving paralysis, blindness and serious mobility, communication and learning difficulties. The compensation provided our client with lifetime private care, specialist therapies and a new, adapted family home.
Whilst no financial award can undo what a person loses through negligence, a legal claim can provide financial stability, facilitate specialist rehabilitation and promote independence during these very difficult times. The purpose of this blog is to consider some of the key issues in bringing a legal claim in respect of negligent treatment for meningitis.
When delays make the outcome worse
Not every case of meningitis will involve negligence. The symptoms can sometimes resemble less serious illnesses, particularly in the early stages.
However, there are occasions where opportunities to diagnose and treat meningitis are missed. This might happen if warning signs are not recognised, symptoms are not properly investigated, or treatment is delayed after meningitis has been identified.
As bacterial meningitis can progress very quickly, even relatively short delays can have significant consequences.
When a delay results in significant injury, which would have been avoided had the appropriate treatment been provided, a legal claim may help secure the support and resources needed to manage those consequences.
Accessing rehabilitation and specialist support
One of the biggest challenges for people living with the effects of meningitis is accessing the right support.
Some survivors are left with cognitive difficulties affecting memory, concentration and decision-making. Others may experience hearing loss, balance problems, fatigue or behavioural changes. Children can face challenges at school, while adults may struggle to return to work or resume their previous independence.
The rehabilitation available through public services can be invaluable, but it is not always available immediately or at the intensity someone needs.
A successful claim can provide funding for private rehabilitation, therapies, specialist treatment, support workers, care packages and equipment designed to maximise recovery and independence. These interventions can help significantly in improving someone’s quality of life and helping them return to living a meaningful and fulfilling life, as much as they can.
Getting help sooner through interim payments
One aspect of the legal process that many people are unaware of is the possibility of interim payments of compensation whilst the claim is ongoing.
Where the Defendant admits the care provided was negligent it may be possible to obtain advance payments of compensation before a claim reaches its conclusion. Given that claims can often take 2-3 years, these early payments can be life changing.
For many of my clients, I’ve secured interim payments to fund intensive rehabilitation programmes, private therapies, specialist equipment and adapted accommodation.
Instead of waiting several years for a case to settle, people can begin accessing money and support when it is most needed and when it may have the greatest impact on recovery.
Easing financial pressure on families
The effects of meningitis are often felt throughout the entire family. Lost earnings and the costs of care and treatment can quickly spiral.
Many people are unable to work while recovering. Some are never able to return to their previous employment. Parents may need to take time off work to care for an injured child, while partners frequently find themselves balancing employment with caring responsibilities. Loved ones often have to step up, with little notice, to act as unpaid carers.
At the same time, expenses can increase dramatically. There may be costs associated with travelling to appointments, specialist treatment, care, equipment or adapting a home to accommodate new needs.
Finding answers
For many clients, one of the most important aspects of a claim is simply understanding what happened. Families are often left with unanswered questions. The legal process involves a detailed investigation of the medical care provided and independent expert evidence. While this cannot change the outcome, it can often provide clarity and answers that families have been seeking for years.
Having a better understanding of what happened can be an important part of moving forward.
Looking ahead
No legal claim can reverse the effects of meningitis or erase the difficulties someone may now face.
What it can do is provide practical support, access to treatment and rehabilitation, financial security and, in many cases, answers.
For many of the people I act for, bringing a claim is building a future which provides them with the financial security to start their next chapter, armed with all the support they need to flourish. At a time when families are often facing uncertainty, a legal claim can help provide a clearer path forward.
If you believe you or a loved one has suffered a serious injury as a result of a delay in diagnosis of meningitis, please get in touch with me or my team for a free, no obligation chat.
