Do I Still Have A Brain Injury Case If It Stemmed From Medical Procedures When Something Else Was Fixed?

Posted on 02-24-2016 by Stewart Cohen
Tags: attorney , Trending News & Topics , brain injury , lawyer , law

We go to the doctor trusting that we will get the care we need to treat any medical issues or conditions that arise. Although medical procedures that are performed at hospitals or outpatient facilities may promise to restore us to good health or at least stem the onset of difficulties, unfortunately that is not always the case. Medical mistakes and surgical errors have risen to alarming rates in the United States, and the ramifications of these mistakes can be costly for victims, especially in extreme cases. Serious brain injuries can result from errors during unrelated medical procedures, and if you have suffered this type of injury, you may be entitled to compensation through a medical malpractice lawsuit.

Brain Injuries Stemming from Medical Procedures

According to the Brain Injury Association of America (BIAUSA), brain injuries result in abnormalities in brain functioning and can seriously impair physical, mental, and cognitive abilities. While some types of brain injuries may be present at birth, others occur via other means. Brain injuries are commonly associated with bumps or blows received during car accidents, falls, or as the result of some other type of accidental injury. These types of injuries are common and benefit from increased public awareness. However, serious brain injuries can also occur as the result of medical procedures. According to the BIA, these types of injuries may include the following:

• Anoxic Brain Injury: This type of brain injury occurs when the brain does not receive oxygen, which it needs in order for brain cells to function and survive.
• Hypoxic Brain Injury: This type of brain injury occurs when there is a reduction of oxygen to the brain. While the brain cells receive some oxygen, the amount is not enough to support healthy brain activity.
• Penetrating Brain Injury: This occurs as the result of an object, such as a knife or scalpel, penetrating the skull and causing damage to brain tissues.

The above brain injuries can result in serious damage that is potentially life-threatening as well as permanently disabling, and all can occur as the result of medical errors on the part of doctors, surgeons, or hospital staff.

Medical Errors in Malpractice Cases

Medical mistakes and errors have risen to alarming rates in the United States, causing permanent harm and lasting damage to injured victims.  According to testimony presented during a July 2014 Senate hearing on patient safety, over 1,000 people per day die as the result of medical errors and mistakes.  If you or someone you love has suffered a brain injury as the result of a medical procedure, you may be entitled to compensation through a medical malpractice lawsuit. While each individual state has its own laws on the amounts of damages available through these kinds of lawsuits, the types of compensation you may be able to claim include the following:

• Medical expenses, including ongoing at home care and physical rehabilitation;
• Lost wages and future loss income stemming from your injury;
• Pain and suffering, loss of quality or enjoyment of life, and loss of consortium on behalf of your spouse; and
• Punitive damages, meant to punish particularly negligent behavior on the part of your doctor or medical provider.

Many medical malpractice attorneys offer free consultations in which you can discuss the merits of your case and the types of damages you may be able to claim under the laws in your state. Reach out to one today for help.