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Understanding Brain Injuries

According to estimates from the Centers for Disease Control and Prevention (CDC), up to 1.4 million people suffer from a brain injury each year. Brain injuries can be caused by a variety of things, from sports activities, to car accidents, to medical procedures gone wrong. If you or a loved one has suffered a brain injury, you may be entitled to compensation. The attorneys at Goldstein & Hayes are experienced personal injury attorneys that have handled many brain injury cases before. If you believe you have been a victim of medical malpractice, contact them today.

According to most state's laws, a victim has a medical malpractice case if a medical provider fails to perform up to a reasonable standard of care or acts negligently. Regardless of how it happens, the result for the victim is often permanent injury, disability, and sometimes even death.

Knowing the Basis of Your Claim

Most brain injury lawsuits are based upon the legal theory of negligence. In a negligence lawsuit, the victim is generally required to prove that the party he or she is suing is legally responsible, or 'at fault,' for the injury suffered. In order for a suit based on negligence to succeed, there are several things that the injured party must prove:

  • That the defendant owed the plaintiff a duty of care. That is, the defendant was required to be reasonably careful.

  • The defendant failed to act with reasonable care.

  • The defendant’s action or inaction was the cause of the victim's injury.

  • The plaintiff suffered injuries.

Proof Can Be Difficult

Proving that a brain injury occurred, as well as linking that brain injury with the defendant's conduct can often be difficult. For example, linking someone's bad driving with someone's brain injury rather than some other event can often be extremely complicated and difficult. Brain injuries are often complex and can be more difficult to detect than other types of injuries that are more commonly involved in medical malpractice cases. Because of this, brain injuries are different than other types of injuries that are more commonly involved in medical malpractice cases. Diagnosing a sprained knee or a fractured arm are very simple to diagnose, but brain injuries do not have simple and obvious symptoms. Things like changes in concentration, memory, behavior, and emotions can all be symptoms of a brain injury. These symptoms can even take time to show up (called 'delayed onset' symptoms), making establishing a link between the injury and a certain cause that much more difficult. Brain injuries can also be misdiagnosed or missed entirely by an emergency room department after an accident, leading to even more possible malpractice, from a medical provider negligently failing to properly diagnose your injury.

Contact Goldstein & Hayes, P.C.

If you or a loved one has suffered an injury due to medical malpractice, the experienced personal attorneys at Goldstein & Hayes, P.C. are here to help you with your case. Contact us today for a free consultation.