How Can You Prove a Traumatic Brain Injury Was Caused by Medical Malpractice?

Proving a TBI was caused by medical malpractice is rarely straightforward.

If you are convinced you or your loved one’s traumatic brain injury was the direct result of a medical professional’s actions, it will be necessary to find expert witnesses to testify to the injury itself and the actions of the medical professionals who provided treatment. Your experts will need to provide a detailed explanation of how the treatment failed to meet standards of care and then draw a straight line between that breach of duty and the injuries and damages.

Proving these cases can be extremely complicated, and injured patients or families usually benefit from legal assistance provided by medical malpractice lawyers who have been through this process before.  

Causes of Traumatic Brain Injuries

A traumatic brain injury can occur due to a slew of reasons, from car accidents and slip and falls to falling objects and physical assault. TBIs, including those caused by medical malpractice, can have serious and long-lasting effects on your health and overall wellbeing.

When you or a family member goes to the hospital to receive medical treatment like surgery, you expect to treatment and care to be safe and effective. Patients are entitled to a high level of expertise and compassionate care from doctors, nurses and other healthcare providers.

Unfortunately, a patient’s justified expectations don’t always align with reality. Medical malpractice encompasses a wide range of medical errors, some of which result in TBI or other life-changing injuries.

If you believe you or someone you love has suffered a TBI caused by medical malpractice, you may be entitled to financial compensation. Because of the inherent complexity of these cases, the need for expert witnesses and the resources of defendants, it’s usually beneficial to consult a personal injury lawyer to see if you have a valid personal injury case.

Which Types of Medical Malpractice Can Cause a Traumatic Brain Injury?

There are several types of medical malpractice that can potentially cause traumatic brain injury (TBI). Here are some examples:

Surgical errors: Mistakes made by surgeons during surgery can leave patients with traumatic and life-altering injuries. For instance, if a surgeon makes a mistake during brain surgery, fails to control bleeding or causes damage to surrounding brain tissues, patients may experience debilitating cognitive damage. However, not all negative surgical outcomes rise to the level of negligence or malpractice, which is one of the reasons why you’ll be required to receive detailed testimony from another brain surgeon regarding the performance of the surgery and the outcome.

Anesthesia errors: Anesthesia drugs are extraordinarily powerful. Their use must be precisely controlled by specialized physicians during surgeries. Anesthesia mistakes can result in a number of injuries, including TBI. Examples include situations in which the anesthesiologist administers the incorrect dosage of anesthesia, fails to monitor vital signs properly or delays the delivery of oxygen to the brain, resulting in brain damage.

Delayed diagnosis or misdiagnosis: Failing to timely diagnose or misdiagnosing conditions that can result in TBI, such as head trauma, infections or strokes, can prevent necessary treatment and potentially worsen the brain injury.

Birth injuries: Medical negligence during childbirth can lead to traumatic brain injury in newborns. Oxygen deprivation during labor and delivery, improper use of delivery instruments (especially in the use of forceps or vacuum extractors) or an obstetrician’s failure to respond to signs of fetal distress can result in TBI.

Infections and sepsis: Failure to diagnose or treat infections properly can result in sepsis, a systemic infection that can affect the brain and cause TBI if left untreated or mismanaged.

The specific circumstances of each case will determine the potential types of medical malpractice that can cause traumatic brain injuries. Not every example listed above will result in a TBI, and there are many instances where a TBI after a medical procedure might not meet the standards of medical malpractice or negligence.

It is vital to consult with other medical professionals to ascertain whether an anesthesiologist, surgeon or obstetrician made a critical error that another doctor would not have made given the same circumstances.

Signs of a TBI

There is significant diversity among traumatic brain injuries and their effects on people. TBIs can vary in severity and the signs can differ depending on the extent of the injury.

Symptoms of a TBI can affect both the body and the mind and include:

• Headaches or migraines
• Dizziness or loss of balance
• Nausea or vomiting
• Sensitivity to light or noise
• Fatigue or drowsiness
• Blurred vision or changes in vision
• Seizures or convulsions
• Difficulty sleeping or changes in sleep patterns
• Memory problems or difficulties with concentration and attention
• Confusión o desorientación
• Slowed thinking or processing information
• Mood swings, irritability or emotional changes
• Changes in taste or smell
• Ringing in the ears (tinnitus)
• Loss of coordination or fine motor skills
• Difficulty speaking or understanding language (aphasia)

You or your family member may not experience all these symptoms in the aftermath of a TBI. However, if you notice any of the signs listed above following a medical procedure, be sure to seek prompt medical attention.

Proving Your TBI Was Caused by Medical Malpractice

Once you’ve received a diagnosis of TBI and you have reason to believe there is an association between your brain injury and medical treatment, it’s time to see if you have a valid medical malpractice case. To find out, you’ll need to consult with a skilled medical malpractice lawyer, such as the attorneys at the Buckeye Law Group.

One of our medical malpractice attorneys will carefully go over the details including your medical records to see if a valid personal injury case exists. Medical records like hospital records, diagnostic test results, surgical reports, medication records and any other pertinent documentation will serve as vital evidence to support your case. We will also work with medical professionals to compile the necessary expert testimony to establish your surgeons or doctors breached their duty of care, causing the TBI.

Hold Your Ohio Healthcare Provider Accountable for the Harm They Have Caused

If your traumatic brain injury was caused by medical malpractice, know you’re not alone. The attorneys at the Buckeye Law Group are here to help you in your journey toward healing and financial recovery.

We’re ready to listen to your story, gather the necessary evidence and fight for the compensation you’re owed.

To schedule a free consultation, call our Ohio law office at 1-800-411-PAIN.