Traumatic brain injuries (TBI) are among the most severe and life-altering conditions a person can suffer from. These injuries often result from accidents, but in some cases, they may be caused by medical malpractice. A traumatic brain injury lawyer can help victims pursue justice when their injuries result from medical errors or negligence.
In this blog, we’ll explore the different types of brain injuries, how medical malpractice can lead to these injuries, and the legal steps victims can take to seek compensation. Families affected by a brain injury caused by medical errors need to understand their rights and options for pursuing justice.
What Is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) refers to an injury to the brain caused by an external force, such as a blow to the head or a violent jolt. TBIs can range from mild concussions to severe brain damage, and their effects can vary significantly depending on the type and severity of the injury. TBIs often cause lasting physical, emotional, and cognitive challenges, which can impact a person’s ability to work, interact with others, and perform daily activities.
Common causes of TBIs include:
- Falls
- Motor vehicle accidents
- Sports injuries
- Violence or assaults
However, TBIs can also result from medical malpractice, which is a significant area of concern for victims who suffer brain injuries in medical settings.
Types of Traumatic Brain Injuries Caused by Medical Malpractice
When a brain injury is caused by medical malpractice, the consequences can be especially severe. In the medical context, TBIs can result from several types of errors made by healthcare professionals. These errors can range from surgical mistakes to diagnostic failures. Some of the most common types of brain injuries caused by medical errors include:
1. Hypoxic or Anoxic Brain Injury
Hypoxic brain injury occurs when the brain is deprived of sufficient oxygen for a period of time, while anoxic brain injury occurs when the brain is entirely deprived of oxygen. Both of these types of injuries can result in permanent brain damage. In the context of medical malpractice, these injuries can occur due to:
- Anesthesia errors during surgery or medical procedures, where oxygen levels are not properly monitored.
- Failure to manage a patient’s airway during surgery or other medical procedures.
- Delayed medical intervention when a patient experiences a cardiac arrest or respiratory failure, leading to oxygen deprivation to the brain.
If the healthcare provider fails to intervene quickly or adequately to restore oxygen levels, the patient can suffer significant brain damage. A medical malpractice attorney can help victims of hypoxic or anoxic brain injuries seek compensation for the damage caused by medical negligence.
2. Traumatic Brain Injury Due to Surgical Errors
Surgical errors are one of the leading causes of brain injury in the medical setting. These errors can occur during neurosurgery or other types of procedures where the brain is at risk. Some examples of surgical errors that can lead to traumatic brain injuries include:
- Accidental puncturing or cutting of brain tissue during surgery.
- Improper use of surgical instruments near the brain or spinal cord.
- Failure to monitor brain function during surgery, leading to complications such as a stroke or swelling in the brain.
If a healthcare provider makes a surgical error that leads to a brain injury, the victim may have grounds for a medical malpractice lawsuit. A brain injury law firm will work with medical experts to assess whether the surgical error contributed to the injury.
3. Brain Injury from Delayed Diagnosis or Treatment
In some cases, delayed diagnosis or failure to diagnose a brain injury can cause the victim’s condition to worsen, resulting in more severe consequences. For example:
- Failure to diagnose a brain hemorrhage: If a patient suffers a head injury but the healthcare provider fails to properly evaluate the symptoms, a brain hemorrhage can go undetected, leading to significant brain damage.
- Failure to treat a stroke promptly: If a patient experiences a stroke and the medical team fails to intervene in a timely manner, the delay in treatment can lead to permanent brain injury.
In these situations, the delay in diagnosis or treatment can exacerbate the injury, causing further harm to the victim. Victims of doctor negligence in these cases may be entitled to compensation for the harm caused by the delay in care.
4. Infections Leading to Brain Damage
Infections such as meningitis or encephalitis can also cause significant brain injury. If a healthcare provider fails to properly diagnose or treat an infection, the infection can spread to the brain and cause severe damage. This can happen due to:
- Failure to identify and treat infections promptly, leading to the infection spreading to the brain.
- Surgical infections that are not properly managed, resulting in brain complications.
When a brain infection occurs due to medical negligence, it can result in long-term consequences, including cognitive impairments, motor difficulties, and emotional changes.
Legal Rights for Victims of Traumatic Brain Injury Due to Medical Malpractice
If you or a loved one has suffered a traumatic brain injury due to medical malpractice, you have the legal right to pursue compensation for your injuries. Here are the legal steps involved in filing a brain injury lawsuit:
1. Consulting a Brain Injury Attorney
The first step in pursuing a claim is to consult with a brain injury attorney near me who specializes in medical malpractice cases. An experienced attorney will evaluate the circumstances of the injury, review medical records, and determine whether there was medical negligence involved.
2. Gathering Evidence
To build a strong case, the attorney will need to gather evidence that demonstrates the healthcare provider’s negligence. This may involve:
- Medical records: Reviewing records to determine whether the proper standard of care was followed.
- Expert testimony: Consulting with medical professionals to assess whether the brain injury was caused by medical errors.
- Witness statements: Gathering statements from people who witnessed the events leading up to the injury.
3. Seeking Compensation
Victims of brain injuries caused by medical malpractice may be entitled to compensation for:
- Medical bills: Treatment and ongoing care costs associated with the brain injury.
- Lost wages: Compensation for the inability to work due to the injury.
- Pain and suffering: Emotional distress caused by the physical and psychological impacts of the injury.
- Future care: Compensation for the ongoing medical care and rehabilitation that may be needed.
4. Negotiating a Settlement or Trial
In many cases, brain injury lawsuits are settled out of court. However, if a fair settlement cannot be reached, the case may go to trial. A traumatic brain injury lawyer will advocate for the victim’s rights throughout the process, ensuring that they receive fair compensation for their suffering.
How a Brain Injury Law Firm Can Help
If you or a loved one has suffered a brain injury due to medical malpractice, a brain injury law firm can help you understand your legal options, gather the necessary evidence, and pursue compensation for your injuries. Contacting a credible law firm like Snyder & Wenner, P.C. in Tucson, AZ, is a crucial step in ensuring that your case is handled professionally and effectively.
Contact a Credible Law Firm for Legal Guidance
If you or a loved one has experienced a traumatic brain injury due to medical malpractice, Snyder & Wenner, P.C. is a credible law firm that can help guide you through the legal process. Contact them today to schedule a consultation and explore your options for seeking justice and compensation.
