Many brain injury cases involve some type of medical malpractice, mistake or error. Typically, a hospital, surgeon, nurse or other healthcare provider caused the injury because they deviated from providing reasonable standards of care. In these cases, every party responsible for the injury can be held legally liable to provide compensation to the victim.
Medical malpractice cases that involve some type of brain injury can occur during pregnancy, delivery, childbirth or aftercare. Some of these cases leave an infant with a serious medical condition including Erb’s palsy or cerebral palsy where blood flow was restricted during childbirth.
Other cases involve traumatic brain injuries when surgeons operating on the brains of adults or children cause some type of mistake that damaged brain tissue. Other brain injury cases involve:
- Over medicating either by administering or prescribing
- Failing to diagnose or delaying a diagnosis of a brain tumor
- Anesthesia mistake
- Infection due to surgery
- Radiology mistake
- Emergency room error
- Delay of diagnosis or treatment of a variety of conditions including cardiac arrest, heart attack, stroke, blood clot, aneurysm, encephalitis, meningitis, abscess, infection, internal bleeding and hydrocephalus or in treating insulin shot, diabetic coma or diabetes
Accident-Related Brain Injuries
Many accidents can produce a TBI (traumatic brain injury), including a sports accident, slip and fall, work accident, assault, motor vehicle crash or violent encounter. When the head collides with a hard object, the victim is often left with serious life-threatening injuries. The type and degree of serious brain injuries often involve changes in personality, loss of hearing, loss of vision, learning or cognitive deficit, or other serious conditions including coma, paralysis and seizures.
Common symptoms of a brain injury that often suggest a serious condition requiring emergency medical treatment usually involves confusion, altered or loss of consciousness, bleeding, skull fracture, convulsion, dilated pupils, blurred vision, increased drowsiness, fluids draining from the ears, mouth or nose, slurred speech or open wound.
Doctors often miss a diagnosis for a serious brain injury even when performing basic tests that involve MRIs, CT scans and x-rays. Any delay in recognizing a serious brain injury can cause serious harm or even death. Because of that, it is essential that the treating physician perform a full neurological exam and closely monitor the patient’s condition, symptoms and behavior whenever brain injuries are suspected.
Whether the patient is suffering a serious brain injury that is the result of an accident or medical malpractice, it is essential to file a suit or claim against all parties at fault dramatic brain injury patients usually have extensive medical bills and other financial damages.
When the injuries are severe, the patient often requires months, years or a lifetime of extensive medical care, additional surgeries, rehabilitation and other treatments. Because of that, it is essential to seek recompense through legal representation. This is because the road to recovery will likely cost thousands or hundreds of thousands of dollars in medical bills in the years ahead. The victim often suffers a lifetime of pain, aches and suffering along with extensive disabilities and deteriorating health.
When the injuries are the result of someone else’s negligence, recklessness or wrongful conduct, a personal injury attorney who specializes in brain injury cases can ensure that the victim receives what they deserve, including:
- Fair financial compensation for losses and damages
- Effective legal representation by an attorney serving as an advocate on their behalf
- Peace of mind knowing that responsible parties have been held accountable for their actions
While many of these types of claims are negotiated in an out-of-court settlement, some cases are presented in front of a judge and jury. It is essential to hire a skilled attorney that has the resources, experience and time to navigate the legal complexities of obtaining a large settlement from insurance companies or an award at trial. Most of these cases are handled on contingency to avoid the need of paying any upfront fees for legal representation now.