Encephalitis Compensation Claims

Encephalitis is a medical emergency and early treatment is essential. 

It usually starts with flu-like symptoms such as a high temperature and headache but can progress (over weeks, days or hours) to more serious symptoms such as confusion or a loss of movement/consciousness. 

If you reported symptoms consistent with encephalitis and were not referred or escalated for specialist review, then it's possible your diagnosis was delayed.

If your encephalitis should have been diagnosed earlier, then it is possible you have a claim, but it is also necessary to show that the outcome would probably have been better. This will require specialist expert comment to assess the facts and symptoms as they progressed. 

If you have a child under the age of sixteen then you can investigate and raise a claim on their behalf. 

To bring a claim for a family member over sixteen years of age you will require a Power of Attorney. 

If a family member is unable to manage their own affairs and lacks capacity (with no prior Power of Attorney) you will need to apply to the Court for a Guardianship Order. If you lose a family member as a result of a delay in treatment, then you may have your own claim. 

You have three years from the date of alleged negligence or from when you became aware of the negligence. 

For a child, the three-year period doesn't commence until sixteen and so the deadline for raising is nineteen years of age.  

You can investigate and raise/settle a claim without any impact.