Brain injuries are very common after certain types of accidents. In most cases, they can occur after a serious car crash or very bad fall. However, it’s also possible for brain injuries to develop as a result of medical malpractice. Unfortunately, many of these injuries are severe and permanent. Some can even be fatal.
It’s important to understand how life can change after suffering a brain injury as a result of medical malpractice. You should also learn about your rights as a victim or about the rights of your loved one who has suffered a brain injury.
Examples of Medical Malpractice Causing Brain Injuries
Medical malpractice is a complex area of the law that involves a patient suffering injuries as a direct result of the negligence or mistake of a doctor or other medical professional. Medical professionals are held to the highest standards and are expected to provide a quality of care that should help patients.
If the behavior was reckless, negligent or unprofessional and led to the patient suffering an injury — in this case, a brain injury — where another medical professional would not cause such damages, the victim or their loved ones have a right to file a lawsuit.
Certain situations can lead to medical malpractice that leads to patients suffering brain injuries as a result. They include the following:
- Failure to diagnose a heart attack or stroke
- Excessive bleeding that leads to a decrease in oxygen to the brain
- Failure to properly intubate during surgery
- Not monitoring a patient who is under anesthesia
- Failure to properly or timely diagnose or treat an aneurysm
- Prescribing the wrong medication or dosage to a patient
- Failure to properly diagnose or treat pulmonary embolism
- Improper usage of vacuum extractor or forceps while delivering a baby
Types of Brain Injuries Caused by Medical Malpractice
There are two types of brain injuries that can occur when a doctor or other healthcare professional commits malpractice. These are those that are not congenital, hereditary, or degenerative. Instead, a brain injury can be acquired as a direct result of medical malpractice. They include the following:
A traumatic brain injury or TBI is the type of injury to the brain that involves some sort of external factor that causes the injury.
For example, if a doctor delivers a baby with forceps and uses too much force, which results in a serious injury to the skull, it can lead to a TBI. There are varying levels of severity with TBIs from mild to severe and permanent.
A non-traumatic brain injury can be caused by internal factors like lack of oxygen, a tumor or an infection.
For example, if a patient has surgery and there is an error while administering anesthesia, they can suffer from a lack of adequate oxygen, which can cause brain damage or cerebral hypoxia.
Adverse Effects of Brain Injuries Stemming From Medical Malpractice
Brain injuries can have a major effect on a person’s life even if the injury is temporary and regardless of the type of injury. One’s everyday life can be significantly impacted from a brain injury after medical malpractice. Exactly how it impacts the individual depends on the severity and injury itself.
However, there are four key areas of one’s life that can be affected. They include the following:
- Thinking: Brain injuries can affect one’s thinking, including reasoning and memory.
- Sensation: Sensory issues can be impacted by brain injuries, including vision, hearing, balance and more.
- Communication: It may be difficult for a person with a brain injury to speak or comprehend language.
- Emotions: Brain injuries can affect one’s emotions, leading them to react in anger or aggression and other behavioral issues or suffer from depression.
If you have been affected by a brain injury after medical malpractice, you should consider consulting with a lawyer and filing a lawsuit. You can explore verdicts & settlements obtained by Dansker & Aspromonte Associates for an idea of what you could expect upon winning your case.