Brain injury from medical malpractice

Brain injuries can result from a traumatic blow to the head which can happen when a person is involved in an accident or suffers from a fall. However, mistakes made by a surgeon during a procedure, medication errors, or delayed diagnosis on the part of a doctor, for example, are all types of medical negligence that may result in significant brain damage. This type of medical malpractice can permanently change the life of the victim or even result in his or her death.

If a patient suffers a brain injury due to medical malpractice, they may be able to file a lawsuit to recover compensation for their injury. Examples of of medical negligence that may result in brain damage include:

  • Failure to properly intubate a patient during surgery
  • Giving a patient the wrong type of or wrong dose of medication
  • Failure to diagnose (in a timely manner) a stroke or heart attack
  • Excessive bleeding that results in a decreased oxygen supply to the brain
  • Failure to property diagnose and/or treat a pulmonary embolism

A claim of medical negligence has four basic elements: duty, breach, causation, and damages. The victim or plaintiff must prove that the medical provider in question acted in a negligent manner by violating these four elements.

If you feel that you or a loved one has suffered a brain injury due to medical malpractice, engage the services of a medical malpractice attorney, who understands the nature of brain injuries and the catastrophic effects they have on the lives of both the victim and their family.

Your next step

If you suspect that you or a loved one have suffered a brain injury from medical malpractice, it is vital that you see another doctor ASAP so that he or she can diagnose the extent and the nature of your injury that resulted from the defendant doctor’s malpractice.

The extent of and severity of a brain injury can be difficult to ascertain, assess, and then diagnose. Symptoms may include:

  • Loss of memory
  • Headaches
  • Dizziness
  • Blurred vision
  • Loss of motor function
  • Cognitive impairments
  • Sleep issues

A brain injury can have a devastating effect on the quality of life for the victim as well his or her loved ones. A victim of a brain injury can recover damages for injuries and expenses that were the result of the defendant’s negligent actions. These damages can include:

  • Medical bills
  • Hospital expenses
  • Loss of work
  • Loss of earning capacity/future wages
  • Loss of consortium
  • Physical therapy
  • Long-term care
  • Medication

Your first call

Medical malpractice laws in the state of California are complex. Therefore, you need a medical malpractice attorney who has experience navigating California’s complicated medical malpractice laws and who understands the nature of brain injuries and the impact they have on the lives of their victims.

Scott S. Harris, medical malpractice attorney in San Diego, has over 30 years of personal injury cases resulting from medical mistakes. Schedule a free consultation today.