When Is a Traumatic Brain Injury a Sign of Medical Malpractice?

Every year, approximately two million Americans sustain traumatic brain injuries (TBIs). These injuries are the leading cause of disability and death in people under the age of 45. When people think of a TBI, they associate it with head trauma during an accident. However, medical malpractice can also be a cause.

If medical negligence resulted in you sustaining a TBI, an attorney can help you receive compensation for your losses.

Defining a Traumatic Brain Injury

A traumatic brain injury is an injury that affects the brain and occurs as a result of an outside force. These wounds cause changes in the way the organ functions, leading to all manner of cognitive, motor, language, emotional, and sensory issues.

In a medical setting, there are several ways a traumatic brain injury can occur. A traumatic brain injury can be the result of negligence before, during, or after surgery. This can happen if there is a problem maintaining the airway or breathing for the patient, if the levels of anesthesia are not correct, or if the patient isn’t monitored closely. In these cases, if the brain does not receive sufficient oxygen for a long enough period of time, brain tissue dies.

Brain injuries can also be the result of negligence during labor or birth. Using excessive force on the head can lead the baby to experience brain trauma.

Common Medical Scenarios Leading to a Traumatic Brain Injury

Receiving the wrong medication dosage can result in brain injuries, especially when dealing with anesthesia. This can cause the brain to not receive the oxygen it needs, resulting in cell death.

The delayed diagnosis of a stroke, brain bleed, or aneurysm could also cause harm to the brain. Any delay in treatment can lead to worsening damage that might have been preventable with prompt attention.

Perhaps one of the most common issues that leads to brain injuries in medical settings is negligence during labor. Using forceps, vacuum extractors, or other devices incorrectly can result in traumatic damage to the baby’s brain. If the baby suffers a lack of oxygen at any point, brain damage can also occur.

Signs Medical Malpractice Occurred

One of the most significant signs of medical malpractice is a deviation from the accepted standard of care. If the patient’s condition gets worse unexpectedly, there are complications, the medical professional failed to follow up, or if they took too long to provide a diagnosis, these can all point to negligence.

Proving Medical Negligence

To prove medical negligence occurred, you must show that the professional owed you a duty of care and breached it by offering care that did not meet the accepted standard of treatment. You will need another medical professional to support the claim and case.

With help from a TBI lawyer, you can gather evidence to show the losses you suffered and the compensation you deserve.

Long-Term Impacts of TBIs

Traumatic and other brain injuries can leave you battling cognitive issues for the rest of your life. You could find it impossible to work in your chosen profession and enjoy the activities you love. It may also be necessary to receive ongoing medical care, leading to significant financial strain.

FAQ

How Much Will It Cost to Hire a TBI Attorney?

TBI lawyers, like other legal counsel who represent personal injury claims, don’t charge upfront fees. Instead, they receive a percentage of your winnings.

Can I Pursue Compensation for Lost Wages?

Yes, you can claim any income you lost because of the injury. This also includes future lost earnings if you will not be able to return to work at all or in the same capacity as before.

How Long Will a Medical Malpractice Claim Take?

It can vary. The more complex the claim is, the longer the process can take. Your lawyer will fight to keep the claim moving as quickly as possible.

Rely on Our Trusted TBI Lawyers

If you have suffered a traumatic brain injury or another type of brain injury because of medical malpractice, Clore Law offers the legal support you deserve. We have decades of experience assisting people in these types of cases. Contact us to schedule a free case assessment.