Traumatic brain injury can be caused by a number of factors such as falling, motor vehicle accidents,
being struck by a moving object, violent attacks, military combat, and
sports injuries. In some cases, a brain injury can result from medical
Medical malpractice is when poor medical care results in harm to the patient. If a medical
practitioner, such as a doctor, nurse, or other medical professional,
acts incompetently and subsequent injuries occur, there is a case of
medical malpractice due to negligence. While state law regarding medical malpractice varies, a medical professional
can be held liable if he or she either fails to provide care within a
reasonable standard of care or acts with negligence.
- There are a number of medical failures that can lead to brain injury in
patients. These include:
- Infection during surgery,
- Mistakes in administering medication such as overdose, which causes the
brain to swell and can result in brain damage,
- Mistakes made during brain surgery,
- Failure to detect or properly diagnose stroke, aneurism, brain tumor, epilepsy,
meningitis, encephalitis, or brain hemorrhage,
- Brain asphyxiation: a lack of oxygen to the brain is a common cause of
birth injuries. Getting adequate oxygen flow to the brain is also a concern
for patients receiving general anesthesia or oxygen while undergoing surgical
In addition, a number of medical errors can lead to brain-related
birth injuries in newborns. These include:
- A lack of oxygen to the brain can cause a variety of injuries,
- Failing to detect and treat jaundice leading to the onset of kernicterus,
- Failing to detect and treat meningitis,
- Improper use of birthing tools such as forceps and vacuum. Careless twisting
of the head and neck can cause damage to the brachial plexus nerves, resulting
in Erbs palsy,
Cerebral palsy can result from oxygen deprivation, errors during delivery, failing to
detect or treat infection, failure to properly monitor a newborn’s
heart rate, failing to provide a cesarean section, failing to identify
a prolapsed umbilical cord, and brain injury.
A brain injury resulting from medical malpractice can be shocking. There
is a high level of trust involved when individuals seek medical care.
In seeking treatment, a person is turning over his or her health, wellbeing,
and life to medical professionals. To come out of a treatment worse than
you entered is a terrible and shocking experience. If you or a loved one
has become brain injured following medical treatment or birth, you may
be able to recover damages for your physical and emotional pain and suffering
as well as medical bills, insurance costs, and lost income. If you choose
to file a claim and seek damages, an
experienced medical malpractice lawyer can help you hold those at fault responsible for your pain and suffering.
Contact Goldstein & Hayes, P.C.
The experienced Atlanta metro area attorneys at Goldstein & Hayes know
that the aftermath of a brain injury is life changing, especially if it
was the result of medical care.
Contact us today for a free consultation.