Traumatic brain injury can be caused by a number of factors such as falling, motor vehicle accidents, being struck by a moving object, violent attacks, military combat, and sports injuries. In the United States, approximately 1.7 million people get a brain injury each year; 50,000 of those individuals will die from the injury and 80,000 will experience permanent disabilities. A brain injury occurs when there is an impact to the head or when an object penetrates the brain, such as a bullet or shrapnel. A brain injury occurs when the brain hits against the skull or is cut by an object leading to bleeding, swelling, or tearing in the brain.
In some cases, a brain injury can result from medical malpractice. Medical malpractice is when poor medical care results in harm to the patient. If a medical practitioner, such as a doctor, nurse, or other medical professional, acts incompetently and subsequent injuries occur, there is a case of medical malpractice due to negligence. While state law regarding medical malpractice varies, a medical professional can be held liable if they either fail to provide care within a reasonable standard of care or act with negligence.
How can a brain injury result from medical malpractice?
There are a number of medical failures that can lead to brain injury in patients. These include:
- Infection during surgery
- Mistakes in administering medication such as overdose, which causes the brain to swell and can result in brain damage
- Mistakes made during brain surgery
- Failure to detect or properly diagnose stroke, aneurysm, brain tumor, epilepsy, meningitis, encephalitis, or brain hemorrhage
- Brain asphyxiation, which is a lack of oxygen to the brain is a common cause of birth injuries. Getting adequate oxygen flow to the brain is also a concern for patients receiving general anesthesia or oxygen while undergoing surgical procedures
In addition, a number of medical errors can lead to brain-related birth injuries in newborns. A lack of oxygen to the brain can cause a variety of injuries. Failing to detect and treat jaundice can cause an onset of kernicterus. Failing to detect and treat meningitis can lead to brain damage as can the improper use of birthing tools such as forceps and vacuum. Careless twisting of the head and neck can cause damage to the brachial plexus nerves, resulting in Erb’s palsy, paralysis of the arms. Cerebral palsy, brain damage resulting in motor and muscle impairments, can result from oxygen deprivation, errors during delivery, failing to detect or treat infection, failure to properly monitor a newborn’s heart rate, failing to provide a cesarean section, failing to identify a prolapsed umbilical cord, and brain injury.
Take Control Now
If you or a loved one has become brain injured following medical treatment, you may be able to recover damages for your physical and emotional pain and suffering as well as medical bills, insurance costs, and lost income. If you choose to file a claim and seek damages, an experienced medical malpractice lawyer can help you hold those at fault responsible for your pain and suffering. The attorneys at Solomon Law Group based in Columbia, South Carolina are here to help. Contact us today for a consultation.