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Medical Malpractice

The Link Between Brain Injury Symptoms and Medical Malpractice

4 min.
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Jack C

Brain injuries can range from mild to catastrophic, and so brain injury symptoms can be hard to diagnose.

Traumatic Brain Injuries (TBIs), are caused by some external factor. Common causes of TBIs are falls and car crashes. The motion of a wreck, for example, causes these injuries. When the neck quickly snaps backward and forward, as is often the case in a high-speed collision, the brain violently slams against the insides of the skull.

Acquired Brain Injuries (ABIs), on the other hand, are different types of Brain Injuries that result from some internal factor. The symptoms of ABIs may develop over time. Medical negligence or medical malpractice can cause ABIs. For example, if the brain does not get enough oxygen, perhaps as the result of an anesthesia mistake, it gradually shuts down bodily functions. Muscle control, including speech, is usually the first thing to go. If the problem persists, the shutdown process moves to more vital organs.

ABI diagnosis is not easy. Frequently, the brain conceals its own injuries. Therefore, resulting in most victims claiming that they feel fine. Subsequently, doctors often blame symptoms on a nerve condition or something other than a brain injury. If this happens, victims do not get the treatment that they need, which puts them at high risk of their conditions getting worse.

If you recently received medical treatment and you are experiencing brain injury symptoms like headaches, loss of muscle control, or sleeplessness, you may have an undiagnosed ABI related to medical neglect. A medical malpractice attorney can evaluate your claim, lay out your legal options, and fight for the compensation you deserve.

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What Causes an Acquired Brain Injury (ABIs)?

The brain is a sensitive organ, and Acquired Brain Injuries can happen to anyone at any time. Some of the more common causes of ABIs include:

  • Seizures: Usually when people have epileptic or other seizures, their brains stop, at least temporarily. Restarting the brain is not easy and the result can be brain injury symptoms. If doctors do not quickly diagnose a seizure disorder, the brain damage can become worse.
  • Sepsis: In response to an infection, like a post-surgical infection, the body releases chemicals which work to block the infection. These chemicals could cause a chain reaction resulting in a serious brain injury.
  • Hypoxia: Strokes are a leading cause of hypoxia, or lack of oxygen to the brain, and can result in an ABI. A single mini-stroke, for example, may have only mild effects. But the cumulative effect of multiple mini-strokes can be a devastating ABI. Strokes are one of the most commonly misdiagnosed illnesses in America.
  • Medication Errors: Medication errors can include incorrect dosages or a combination of medications that interact negatively. Errors like these can alter brain chemistry and produce brain injury symptoms.

Various kinds of surgical mistakes also cause many ABIs in the United States.

Medical negligence is often the common thread in ABI cases. While medication errors and surgical mistakes, like making an incision in the wrong place, are perhaps the most obvious examples, misdiagnosis is also a major issue. Doctors may make decisions without enough information. They may not order a full array of tests if they are afraid the insurance company will not pay for them. Lack of doctor-patient communication makes this problem worse. One study showed that many doctors only listen to their patients talk about their symptoms for eleven seconds. Doctors learn almost nothing during such brief interaction.

Experiencing Brain Injury Symptoms? How a Lawyer Can Help

These claims do not “blame” doctors for ABIs or any other injuries. Instead, these claims force doctors to take responsibility for their mistakes. We all make mistakes, and we must all face the consequences.

Legally, replacement damages are called compensatory damages. These damages usually include money for economic losses, such as medical bills and noneconomic losses, such as pain and suffering.

An attorney is an important part of this process. Only a lawyer can determine a fair amount of damages in a negligence claim. Some damage categories are subjective. More importantly, it takes a lawyer to stand up to big insurance companies.

Brain injury victims are often entitled to substantial compensation, especially if medical negligence caused the injury. Punitive damages are often available in medical malpractice claims as well. When attorneys obtain these damages, insurance companies force doctors to change the way they do business and be more diligent about patient health and safety. Unless that happens, other families may have to endure the same thing as the victim.

If you have suffered a brain injury due to medical negligence, you should not have to go through the legal process alone. The insurance company and doctors will have an army of lawyers and experts to deal with your claim. You deserve to have experts on your side. Accident.com has a network of attorneys who work on a contingency basis. Click here to connect with a lawyer who can answer your questions and find out how much compensation you might be entitled to. The sooner you reach out to us, the sooner a lawyer starts fighting for you.

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