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 malpractice. 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 procedures.
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 & Lina, LLC
The experienced Atlanta metro area attorneys at Goldstein Hayes & Lina, LLC 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.