Brain Injury as a Result of Negligent Actions

July 23, 2018

Brain Injury as a Result of Negligent Actions

Traumatic Brain Injuries are responsible for almost third of all injury deaths in the United States. Statistically, around 2.5 million hospitals visits were subdued during 2010 by this injury alone.

This life-threatening condition may result from a penetrating brain injury, the severe blow to the head, or even medical negligence. The qualified injury attorney can help a victim to better understand negligent actions or reckless, malicious acts and their legal options.

This type of injury can result in substantial financial situations in the form of medical bills, loss of wages or even loss of employment. Sometimes it can be the loss of autonomy, lifelong disability, and even death. If some link is established between the injury and the third party, that party may be held liable for some or all of the damages resulting from the injury.

Causes of Traumatic Brain Injury

Commons causes are falls, motor vehicle crashes and assaults. Some sports and recreation injuries are also caused in large numbers every year and under the age of 19. A concussion is one of the most common types of TBI. While the Center for Disease Control and Prevention classifies it as a mild form of a brain injury, a concussion can have long-term and even life-threating effects- especially with those with multiple concussions. In rare instances, a smaller shock may result in a dangerous blood clot forming in the brain.

Medical Malpractice related to TBI

A TBI legal claim may be filed against a medical provider if the injury or the extent of the damage is believed to have results from medical negligence. In legal terms- negligence is a failure to provide the same level of care that a reasonable person would have provided under the same conditions. Improper actions or omissions can also characterize it. Patience can be suffering from cognitive impairment after brain surgery so negligence may be a factor open for conversation. Also, an undiagnosed aneurysm or stroke may also be a factor. The brain surgery example describes a type of direct action, and the undiagnosed aneurysm describes an oversight or omission. Both can theoretically rise to the level of negligence. Acts like the following can be a claim for medical negligence:

Overly prescribing medication that results in neurological damage, failing to diagnose a brain injury or improperly administering anesthesia.

Medical malpractice claims

Medical negligence and medical malpractice are different and sometimes confusing. In medical malpractice cases, both the health care facility employs, and the medical provider can be defendants. Medical malpractice claims commonly have a shorter statute of limitations than other personal injury claims.

For example:

California typically allows a 2-year window for personal injury claims as indicated by California Code of Civil Procedure section 335.1. However, Sec. 340.5 stipulates that plaintiffs must file a malpractice claim within one year of discovering the injury. Similarly, New York allows three years for general personal injury claims under N.Y. Civil Practice Law and Rules section 214, but only two years and six months are permitted for malpractice claims (214-a).

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