
Medical malpractice is the result of the provision of negligent medical care regarding treatment, diagnosis, or surgery. The legal consequences for injuries related to medical malpractice fall under tort reform first tort reform legislation occurred in the 1970s with an objective to make sure that healthcare providers had sufficient access to liability coverage.
What Is Brain Injury Malpractice?
A brain injury can be one of the most devastating results of medical malpractice. Brain injuries caused by medical malpractice occur across a spectrum that ranges from mild cognitive impairment to a physical impairment to a vegetative state and even death. Patients who remain conscious with some awareness after a brain injury often face significant, intolerable psychological & emotional impacts.
What are the Causes of Medical Malpractice Brain Injuries?
Brain injuries caused by medical malpractice typically occur due to a lack of sufficient oxygen to the brain, as opposed to a brain injury that is the result of a traumatic brain injury. Medical errors that result in a brain injury include the following –
- An Anesthesia Error – this may occur due to too much or too little anesthesia or failing to take due care in the timely administration of anesthesia. Lawsuits regarding anesthesia tend to be complex, with the potential of multiple responsible parties.
- A Birth Injury – obstetrical care negligence can occur when the care fails to meet the required standards of care. Medical mistakes that may cause a brain injury during birth include –
- A failure to diagnose/treat the mother’s medical problems or use delivery instruments improperly
- Improper medications that are administered during pregnancy or delivery.
- A failure to monitor the fetus, respond appropriately to fetal distress, or provide oxygen to newborns if needed.
- A failure to perform a timely c-section
- Allowing Kernicterus to Occur in A Newborn – kernicterus is considered a preventable injury and is caused by exceptionally high levels of bilirubin in a newborn child. Excessive bilirubin results from the liver being unable to break down and causes jaundice, which can cause brain damage should the bilirubin cross into the baby’s brain cells.
- Misdiagnosis Of Heart Attack or A Stroke – a stroke or a heart attack can also be the cause of reduced oxygen to the brain. In addition, oxygen deprivation, a stroke can release harmful chemicals which kill brain cells.
- Medication Errors – errors in the administration of medication may cause a reduced heart rate or breathing issues. These results are caused by harmful drugs, the patient’s allergic reaction, or oxygen deprivation.
- Untreated Brain Infections – failing to diagnose & appropriately treat a brain infection in a timely manner may result in a preventable brain injury or brain damage. Examples of brain infections that may cause a brain injury include –
- Encephalitis
- Bacterial Meningitis
- Myelitis
- Mumps
- Rabies
- Rubella
- Abscesses
- Toxoplasmosis
- Cerebral cysticercosis, or
- Trichinosis
- Intubation Negligence (Airway Management Errors) – brain damage can occur within minutes for an oxygen-deprived individual. Medical mistakes can happen from the improper positioning or connection of the breathing tube, damaging the tissue in the airway, or using defective/damaged equipment, among others. The consequences of airway management errors can include –
- Brain & Nerve Damage
- Coma or Loss of Consciousness
- Heart Issues/Problems
- An Increase to the Risk of Stroke or Infection
- Death
- Cerebral Palsy – is a set of chronic conditions that impact ones’ coordination and body movements. Cerebral palsy can be caused by events that occur before, during, or after the birth of a child. It can happen –
- A failure to Treat/Prevent an Infection in the mother
- A failure to Timely Recommend a C-section
- Improper use of Tools During Delivery
- A failure to Respond to Fetal Heart Abnormalities or RH Incompatibility
A Word About Secondary Brain Injuries Caused by Medical Malpractice
In addition to the brain injuries that may be the result of malpractice, it is also noted that a misdiagnosed brain injury can potentially lead to a more serious injury or even death. When a person is suffering from a brain injury, they have a high risk for another as they suffer from dizziness, fainting, or lack of coordination.
Second Impact Syndrome (SIS) occurs when the brain swells quickly after they suffer from a second concussion – but before the first concussion’s symptoms have subsided. An SIS injury is likely to cause permanent injury (or even death) when compared to a solitary impact of equal magnitude. This event is rare but often causes devastating results. It is noted that the impact of the second concussion does not have to be significant; even a minor blow can snap the head enough to trigger the brain to move inside the skull.
Compensation For Brain Injuries Caused by Medical Malpractice
Brain injuries often result in a sudden emotional, financial, and physical hardship for both the patient and their caretakers or families. And while this upheaval may make it challenging to seek legal help, the reality is there are time limits in place for taking legal action.
If you or a family member has experienced a brain injury (or even death), which you believe may be caused by a brain injury that was caused by medical malpractice, you may be entitled to the following types of compensation –
- Current & Potential Future Medical Bills
- Long-term Disability & Expenses for Long-term Care
- Current & Future Loss of Wages
- Rehabilitation, if required
- The Loss of Life’s Enjoyment or Companionship
- Pain & Suffering Resulting from the Brain Injury
- Burial Expenses
It is important to seek advice by consulting with an experienced attorney if the brain injury has caused financial burdens to the patient and family. Take advantage of the knowledge a seasoned attorney can offer to those individuals who have been the victim of a preventable brain injury to obtain the fair compensation for which the victim is entitled.