Brain Injuries as a Result of Medical Malpractice

Published on November 7, 2022

When we go to a hospital or clinic, we naturally expect the doctors and staff to make our health and safety their top priority. While we may assume that we are in a safe place in a medical setting, the truth is that medical malpractice is a serious issue in the United States, impacting a large number of people per year and resulting in an astonishing 250,000 deaths per year in the U.S. Medical mistakes are now the 3rd leading cause of death, yet medical malpractice suits make up only about 5% of personal injury lawsuits annually. Many people don’t realize that they have a valid claim to compensation when they or a loved one becomes the unfortunate victim of medical malpractice.

While some people suffer a medical mistake such as wrong-site surgery or medication error and go on to fully recover, those who suffer brain injuries as a result of medical malpractice may never fully recover but instead suffer permanent disability, impairment, and sometimes death.

How Does Medical Malpractice Lead to Brain Injury?

Because brain tissue is incredibly delicate and begins to die as the result of even a few minutes of oxygen and nutrient deprivation, great injury can result from medical errors. The most common medical mistakes leading to brain injuries include the following:

• Anesthesia mistakes and failure to monitor a patient under anesthesia
• Surgical errors
• Misdiagnosis or a missed diagnosis
• Birth trauma to newborns such as improper use of vacuum extractors
• Medical-care-related infections including septicemia
• Excessive bleeding causing oxygen loss to the brain
• Undiagnosed pulmonary embolism
• Medication mistakes
• Abuse or neglect (primarily in nursing home facilities)
• Intubation mistakes and negligence
• Falls resulting in head injuries 

A brain injury can be as mild as a slight concussion or as severe as a catastrophic Traumatic Brain Injury (TBI) with permanent damage. Even mild concussions can lead to disruptive symptoms requiring time away from work and medical treatment. More serious brain injuries can result in permanent impairment or disability. In the most catastrophic cases, a brain injury from medical malpractice may result in a wrongful death. In all of these circumstances, victims of medical malpractice and their families deserve compensation for their injuries.

What are the Signs of Brain Injury?

If you suspect yourself or a loved one has a brain injury, it’s important to look for the following symptoms and seek help right away if you notice any of the following:

• Bumps, bruises, and lacerations on the head
• Dizziness
• Seizures
• Memory loss
• Speech injury
• Loss of eye movement
• Confusion
• Cognitive impairment including difficulty concentrating
• Change of behavior, personality, or mood
• Balance problems and disorientation
• Coma

Some symptoms of brain injuries are immediately noticeable while others are more subtle and make take days, weeks, or even months to become evident. Brain injuries require ongoing medical care and therapies for the best possible outcome. By filing a medical malpractice lawsuit, you can not only achieve justice for the harm done to you or your loved one, but you can also gain the financial compensation you deserve for your damages.

What Can I Gain From a Medical Malpractice Claim?

A successful claim of medical malpractice may result in a settlement or it may proceed to courtroom litigation. Victims of medical malpractice can gain the following in compensation and damages for their brain injury:

• Medical expenses and future medical expenses
• Lost wages and future lost earnings
• Pain and suffering
• Mental anguish
• Loss of quality of life
• Wrongful death compensation

Brain injury has a traumatic effect on a person’s life. Damage to even a very small portion of the brain may have enormous impacts on life quality. Brain injuries resulting from medical malpractice may require months or years of treatment and may necessitate stepping down from a job or taking a lower-paying position. 

If you or a loved one suspect a brain injury resulting from malpractice, it’s important to see another doctor right away and contact an Arizona medical malpractice attorney with experience in brain injury medical malpractice cases.