Catastrophic brain injuries can result in life-changing consequences, often requiring significant care and life adjustments. If a person’s brain injury has resulted from medical malpractice, the patient may be entitled to compensation that will help them and their families manage the life-long care that is often necessary. We’ve compiled a closer look at common malpractice errors that lead to brain damage so you can consider whether you would like to consult with an experienced brain damage medical malpractice attorney. .
What Causes Brain Damage from Medical Malpractice?
We trust medical professionals to make the best decisions for our care and, when it comes to our brains, we don’t want that trust abused by decisions that worsen our suffering. Any instance of brain damage is tragic, but that is especially true when it results from an avoidable medical error, which happens far too often. Brain damage that results in a malpractice lawsuit may result from:
- Delayed or misdiagnosis of infection or stroke
- Delayed CPR or failure to recognize respiratory arrest resulting in hypoxia
- Incorrect insertion of intubation tubes
- Negligent management of labor and delivery resulting in birth injuries
- Mismanaged or incorrect anesthesia procedures, during even routine surgery
- Faulty dispensation or prescription medication errors
- Improper care during surgery, resulting in brain surgery malpractice
If you or a loved one is experiencing symptoms that you believe are the result of preventable brain damage caused by medical negligence, life has almost certainly become more challenging. Even if you are uncertain whether you have grounds for a malpractice lawsuit, an experienced attorney can help you better understand your options.
Malpractice attorneys will be able to obtain your medical records in order to get a better idea of your situation and whether you are eligible for compensation. With an experienced team in your corner assessing the events of your or your loved one’s brain damage medical malpractice case, you will be more equipped to move forward if you do have a case.
What Do You Need to Prove in a Brain Damage Malpractice Case?
To prove that brain damage qualifies as a medical malpractice case, you must first consider if your situation meets a few basic criteria for malpractice overall.
- Duty of care. The healthcare provider in question was responsible for providing the expected standard of care for the injured party.
- Violation of standard of care. The healthcare provider did not act as a reasonably prudent healthcare provider would act under the same or similar circumstances.
- Causation. That violation of care—negligence—resulted in injury.
- Damages. The injury has resulted in economic and even noneconomic damages, such as medical bills, lost wages, and pain and suffering.
In order to prove the standard of care was violated and that those violations resulted in injury, your lawyer will call on expert medical witnesses to testify to what any reasonable, trained medical professional would have done under the same circumstances. When the evidence is compelling enough to demonstrate that your care was negligent, careless, or even reckless, you may be able recover money damages from a verdict or settlement.
How Are Medical Malpractice Cases Involving Brain Damage Resolved?
Resolving a medical malpractice case takes time, patience, and experience. This can be a stressful journey, but working with an experienced law firm means you’ll have the best chance to seek the justice and compensation you deserve.
Depending on a variety of factors, the statute of limitations—the laws that determine when you can file a lawsuit—in your situation can be short, so it is always better to open communication with an experienced brain damage medical malpractice lawyer as soon as possible to determine if you have a case and what your next steps should be.
If you have a claim for medical malpractice, the lawyers at Janet, Janet & Suggs will work for your success, whether that means a settlement or a jury verdict in your favor. Compensation for these cases will vary depending on a number of factors, including:
- Doctor and hospital bills—past, current, and future
- Lost income—past, current, and future
- Pain and suffering
- Disfigurement and scarring
- Quality of life concerns
While some cases of brain damage are clinically more severe than others, generally whenever the brain is affected, it will have major implications on the patient’s quality of life. Loss of senses, difficulty speaking or performing basic tasks, and loss of motor skills commonly are affected when brain damage is involved. This can affect the injured person’s ability to:
- Remain active in their communities
- Continue working in their professions
- Participate in existing hobbies or recreation
- Provide basic care for themselves
- Perform supportive tasks for their families
When a person’s life is altered by medical malpractice, whether temporarily or permanently, they have a right to seek compensation for the additional expenses and pain and suffering that results.
While the amount of compensation will depend on the circumstances of your case, you can always count on the injury lawyers at JJS to remain committed to fighting for a fair resolution.
Why Should You Choose Janet, Janet & Suggs?
For over 40 years, the experienced legal and medical team at Janet, Janet & Suggs has championed those impacted by the errors of healthcare professionals. Our experienced attorneys and network of expert witnesses will help you find your way through the complex process of your medical malpractice case to seek justice and fair compensation for your injuries.JJS operates on a contingency fee basis, meaning we collect no fees unless your case is won. Contact us today for a free, no-obligation case review.
Reviewed by:
William R. “Topper” Cramer, RN, MBA, MS, CCRN, CFRN, EMT-P
Legal Nurse Consultant | Nurse Paralegal
Topper has been involved in emergency, transport, and critical care medicine since 1978 when he became an EMT in high school. A United States Air Force veteran, he remains active as a pre-hospital RN/paramedic, certified flight nurse, and critical care nurse. In addition to his professional role as a nurse consultant/nurse paralegal, he is the Chief of Operations at Walkersville Volunteer Rescue in Frederick County, Maryland. READ FULL BIO