What Are the Types of Brain Injuries Caused by Malpractice?

Content Legally Reviewed By Matt Conner

Brain injuries can occur in a variety of settings, but when it comes to medical injuries, there is only a handful common with this type of negligence. Malpractice occurs when a physician or healthcare provider fails to provide the acceptable standard of care, and sometimes this can lead to severe injury – including a traumatic brain injury.

When a healthcare provider makes a mistake while treating their patient, and that mistake causes brain damage, the results can be catastrophic. A person could be left permanently disabled, unable to provide for themselves and their loved ones, and their quality of life permanently altered.

What Types of Medical Errors Can Lead to Brain Injury?

Various errors while treating a patient may lead to brain injury, but some of the more common instances include:

• Infection – Infections that occur during a surgical procedure could lead to a serious brain injury. Also, an infection that was improperly treated by medical professionals could result in permanent brain damage (or death).
• Medication Errors or Overdosage of Medications – Another common incident that leads to brain injuries is medication errors. These are 100% preventable and often occur when a physician prescribes the wrong medication, the wrong dosage is given to the patient, or a medication is given to a patient that has a dangerous interaction with one that they are already taking.
• Surgical Errors and Complications – Not all bad surgical outcomes are malpractice, but if an error occurs during surgery, it may cause a brain injury. One example would be failing to monitor a patient’s vitals, which leads to oxygen deprivation and results in permanent brain damage.
• Anesthesia Errors – Similar to surgical errors, while a patient is under anesthesia, they must be monitored closely, oxygen and heart rates continually checked, and action must be taken immediately if levels fall below a safe threshold.
• Failure to Diagnose – Failure to diagnose certain medical conditions could lead to permanent brain damage, such as failure to diagnose a heart attack, the signs of a brain aneurysm, or even a stroke.
• Failure to Treat – Failure to treat a patient in time could result in a stroke, heart attack, oxygen deprivation, or infection can all cause permanent brain damage.
• Birth Injuries – Any injury during birth can lead to brain injuries for both mother and child, especially when issues like a c-section that is not performed in time, improper monitoring of the infant’s vitals, or ignoring signs of distress occur.

The Permanent Effects That a Brain Injury Can Cause

Brain damage, whether permanent or not, minor or severe, can impact a person’s life. The injury can impact their ability to function daily, and how long it lasts depends on the severity of the brain injury. In some cases, a person may make a full recovery, while in others, there is no option for recovery.

The four biggest areas a person’s life that are impacted by a brain injury include:

• Thinking – A person’s ability to memorize, reason, and think critically is often disrupted while they recover from a brain injury – and sometimes the effect is permanent.
• Sensations – A person might be unable to hear, see, taste, or use other sensory processes to explore the world around them.
• Communication – Depending on the area of the brain that was injured, a person may not be able to talk or even process language. Carrying on a conversation or at least a coherent one may be impossible as well.
• Emotions – The brain controls not only bodily functions, but emotions as well. In most cases, a person suffering from a brain injury will have emotional issues. Whether it is depression, anxiety, behavioral changes, insomnia, or even inappropriate behavior, these emotional disruptions could be permanent.

Dealing with the Financial Burden of a Brain Injury

A serious brain injury can leave the victim and their loved ones in a dire financial situation. Most medical treatments for brain and head injury are long-term and expensive. Not only will there be neurological specialists involved, but you will also have the long-term financial burden of being unable to work and may require around-the-clock care.

Health insurance benefits are quickly exhausted when it comes to cases involving brain injury, and a family should not have to deal with the financial burden when they were not the cause of the injury itself.

You have the right to hold the medical professional who caused this injury financially responsible. To do so, you need to file a malpractice lawsuit. Malpractice lawsuits open up the opportunity to seek compensation for medical costs, lost wages, loss of companionship, pain, suffering, and more.

Hire an Attorney Of You Think You Have a Malpractice Claim

If you suspect that you or a loved one was the victim of malpractice, whether your injury was to the brain or elsewhere, you need an attorney. Malpractice claims are overly complex, and the laws are continually changing when it comes to filing for these claims. Furthermore, not all bad medical outcomes mean that you will qualify for compensation through a malpractice lawsuit.

The best thing you can do is speak with a malpractice attorney in your area. Since state laws vary, and you need someone with experience reviewing your case, a local attorney is always best. During your initial consultation, the attorney will review medical records and evidence to help determine if you do have a malpractice claim. From there, they can even begin the process of requesting compensation through the insurance company or filing a claim outright.

While you and your loved ones are dealing with this tragedy, the last thing you need to worry about is how you will pay for medical bills or even your mortgage. Let the team at Brett McCandlis Brown & Conner, PLLC help.

We offer no-obligation consultations, and even if you hire our team, you do not pay us unless we succeed in winning compensation in your case. Call us now to schedule your free case evaluation or contact us online to learn more.

About the Author

Matt Conner

Matt Conner has a proven track record of success. Following his graduation from Willamette University with a double major in mathematics and economics, Matt worked as an economist for the Office of Economic Analysis for the State of Oregon before moving onto working in mortgage banking and real estate. Although Matt would move on to law school shortly thereafter, his experience in the financial sector has provided him with valuable experience in how to achieve maximum compensation for his clients.

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