Traumatic Brain Injury Lawyers

Identifying Medical Malpractice in Traumatic Brain Injury Cases

Accidents can happen unexpectedly, with some causing traumatic brain injuries that change lives in an instant. While many associate brain injuries with accidents like serious falls or car crashes, it's important to recognize that some instances of medical malpractice can also result in, or worsen, severe brain damage.

If you or a loved one has experienced such an ordeal, you don't have to face it alone. You need a dedicated brain injury lawyer by your side – someone who will fiercely advocate for your rights and tirelessly pursue the necessary compensation, so you can get the care you need.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a condition where the brain sustains damage due to a sudden, forceful impact, violent shaking, or the penetration of the skull, leading to disruptions in normal brain function. There are two primary types of TBIs: closed and open. A closed TBI occurs when there is no penetration of the skull, typically resulting from blunt force trauma or a severe jolt. On the other hand, an open TBI involves an object penetrating the skull and entering the brain, often leading to more severe and complex injuries.

The severity of TBIs can vary significantly, ranging from mild cases, such as concussions without loss of consciousness, to severe instances that result in long-term memory loss or permanent brain damage. Early detection and medical examination are important following any accident involving head trauma.

Even a seemingly professional and thorough examination may miss early signs of a TBI. Therefore, it's essential to be vigilant for symptoms like headaches, dizziness, nausea, memory loss, loss of coordination, seizures, and more, especially if you have experienced head trauma. Recognizing these symptoms promptly can make a crucial difference in ensuring proper medical care and potential recovery.

 

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TBIs Are Often Misdiagnosed

TBIs don't discriminate. They can strike anyone at any time, instantly altering lives. As brain injury lawyers, our primary responsibility in such cases is to support TBI victims and their families, especially because TBIs are frequently misdiagnosed.

The prevalent issue of misdiagnosis has earned TBIs the title of a "silent epidemic." The Brain Injury Association of America has underscored the gravity of the problem, stating that TBIs are "the most misunderstood, misdiagnosed, underfunded health problem our nation faces."
Diagnosing TBIs can be a formidable challenge, especially when symptoms manifest weeks after the injury. It can be challenging for both patients and healthcare providers to connect these delayed symptoms to the initial cause. Often, conditions stemming from traumatic brain injuries are mistaken for other conditions like balance issues, depression, ADHD, strokes, or neurological disorders.

Misdiagnosis is a significant form of medical malpractice, but it's not the only one that can lead to, or worsen, traumatic brain injuries. Other common acts of medical malpractice include surgical errors and even slip-and-falls in medical facilities. These can have severe consequences, potentially resulting in TBI and causing additional harm to patients who seek medical care and trust in the competence of healthcare professionals. It amplifies the importance of rigorous standards and protocols in healthcare settings to prevent such incidents and ensure patient safety.

Effects of TBI Caused By Medical Malpractice

Depending on the severity and nature of the injury, TBIs can profoundly affect a person's life. The Centers for Disease Control & Prevention identify four key areas that can be used to assess the impact of a brain injury:

  • Thinking and Memory: Patients often struggle with memory and reasoning after a brain injury.

  • Sensations and Balance: Issues with balance, vision, hearing, and other sensory experiences are common.

  • Language and Communication: Communication becomes challenging, with patients having difficulty talking to others or understanding language.

  • Emotions: Brain injury patients frequently experience depression or behavioral problems, and may act aggressively or inappropriately.

For many, the road to recovery is long and uncertain, and some may never fully regain their former abilities and life. In cases of medical malpractice leading to brain injuries, the effects can be either short-term or enduring. Some patients require ongoing care and support, while others must adapt to a new way of life. It is crucial to hold accountable any medical professionals involved in malpractice to ensure that patients receive the care and justice they deserve.

Working with a Brain Injury Lawyer

Many TBI survivors find themselves grappling with permanent disabilities that impede their ability to work or independently care for themselves, resulting in profound emotional and financial strains on both victims and their families.

In times like these, seeking the support of a traumatic brain injury lawyer becomes essential. If your injury resulted from someone else's negligence, a legal advocate can investigate your case, establish liability, and help you obtain the financial compensation you deserve to cover your losses.

At HHP Law Group, our compassionate brain injury lawyers stand ready to listen to your story and provide guidance as you navigate life after your injury. We are committed to walking alongside you through every step of the legal process, tirelessly advocating for your rights and working to secure the maximum financial compensation to aid in your recovery and future. Contact us today, and let us help you regain hope and stability.

FAQs

What might I recover?

A party who has been injured or has died as a result of medical malpractice can recover damages designed to compensate them for their injuries/death. These include but are not limited to compensation for their medical bills, lost wages and diminished earning capacity, permanent injuries and impairment, disfigurement and scarring, physical pain and suffering, mental suffering and aggravation, and their loss of enjoyment of life or change in lifestyle. In rare occasions, the misconduct of the health care provider may be so egregious that punitive damages, which are designed to punish the conduct, may be awarded to the injured party.

Should I hire an attorney for my malpractice claim?

In our experience, it is extremely rare for a malpractice claim to be pursued and result in a favorable outcome without the assistance of an attorney. These cases are factually and legally complex and require an extensive amount of discovery, expert witnesses, and document review. The HHP Law Group is willing and ready to discuss with you any potential medical malpractice case.

What will my claim cost me?

Our attorneys understand that clients may not have the resources to fund their case upfront, especially if you have been injured and cannot work as a result. All consultations with HHP Law Group are free of charge. If HHP Law Group represents you in your medical malpractice case, we will take your case on a contingency basis.  This means that the attorney fees are a percentage of any recovery by way of settlement of trial verdict. Additionally, the costs to pursue the matter (third party expenses, filing fees, etc.) are advanced by the law firm to be repaid at the time of recovery.

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If you have been injured due to medical malpractice, don’t wait. Call us today at 803-400-8277 to schedule your free consultation.