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Medical Malpractice & Brain Injuries

Each year, approximately 2.8 million Americans sustain traumatic brain injuries (TBI) that lead to physical disabilities, cognitive impairments, and even tragic fatalities. A person typically suffers a brain injury after experiencing an aggressive jolt or a serious blow to the head; for this reason, most brain injuries are the result of traffic collisions, serious falls, and violent assaults.

However, a patient can also sustain a brain injury in circumstances involving medical negligence. In cases of medical malpractice, most brain injuries are caused by a lack of oxygen rather than a physical impact. Brains are incredibly sensitive, and the cause of an injury may not always be apparent, especially in cases involving a careless practitioner. For example, a doctor can fail to detect and treat a patient’s blood clot, leading to a stroke that causes severe and permanent brain damage.

Traumatic brain injuries can be caused by the following acts of medical malpractice:

  • Anesthesia errors
  • Untreated brain infections
  • Medication errors
  • Nursing home abuse
  • Diagnosis errors
  • Untreated brain inflammations
  • Anoxia
  • Hypoxia
  • Treatment errors

For babies, the following medical errors can also lead to brain injuries:

  • Failure to diagnose medical issues that are affecting a pregnant mother
  • Administration of harmful medications during the pregnancy or delivery
  • Failure to respond to fetal distress
  • Improper use of forceps
  • Failure to provide oxygen to the baby
  • Not performing a timely c-section

There are also severe medical consequences if a doctor fails to diagnose a brain injury. “Second impact syndrome” is when a patient suffers a second brain injury before the first has sufficiently healed. Second traumatic brain injuries frequently lead to permanent cognitive damage and patient death.

Traumatic Brain Injury Symptoms

It’s important to recognize the signs and symptoms of a traumatic brain injury, especially if you or a loved one is preparing for surgery or experiencing medical complications.

Common brain injury symptoms include:

  • Cognitive impairment
  • Loss of bodily functions
  • Sensory problems
  • Sudden mood changes
  • Loss of consciousness
  • Memory loss
  • Confusion
  • Speech difficulties
  • Persistent headaches
  • Nausea
  • Depression and/or anxiety
  • Convulsions or seizures
  • Extremity numbness

If you experience any of these indicators, it’s imperative that you request immediate medical attention.

Pursuing Damages in a Medical Malpractice Case

There are many financial and emotional hardships associated with a traumatic brain injury. Many victims struggle to maintain their prior standard of living because they can no longer work or enjoy many of their old hobbies. It can be scary for victims and family members to take legal action, especially if money is tight. It’s important to remember that a successful lawsuit can yield compensatory damages that provide for you or your loved one’s quality of life. After all, serious medical conditions – regardless of the cause – often necessitate costly and ongoing treatments, surgeries, and rehabilitative services.

If you or a loved one has suffered a brain injury due to the actions or choices of a negligent doctor or surgeon, you may be entitled to the following economic and non-economic damages:

  • Existing and future medical bills
  • Long-term disability
  • Loss of wages and earning capacity
  • Rehabilitation costs
  • Long-term care expenses
  • Pain and suffering
  • Loss of enjoyment in life

Ready to File a Claim? Schedule a Free Consultation Today

The Charleston medical malpractice attorneys at Troy Law Firm have helped many families obtain favorable settlements and verdicts that alleviate their financial burdens and injury-related debts. Our trial tested legal team can investigate your case, negotiate with insurance companies on your behalf, and develop a litigation strategy that hold the negligent medical providers accountable for your losses. We work on a contingency fee basis because we know the personal and financial challenges associated with a serious brain injury. This means that you don’t have to pay any attorney fees unless we win your case. Our mission as a personal injury firm is to ensure our clients are awarded restitution that safeguards their quality of life and provides them with a modicum of security and comfort.

Contact Troy Law Firm at (304) 315-2299 to schedule a free consultation today.

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