Can I File A Brain Injury Caused By Medical Malpractice?

When people hear about brain injury, they mostly think that these injuries arise from car accidents impacts or falls. The last thing one can expect is to have these injuries resulting from the person to who they had bestowed all the trust. But the fact is, you can visit a hospital and come out with a worse condition than before. Brain injury of any kind may affect your entire life; it can even lead to permanent disability such as stroke. It doesn’t matter whether the injury is a traumatic or a non-traumatic one. The symptoms may vary depending on the nature and extent of these injuries. Some of the main effects include memory problems, confusion, or loss of motor function. If you or your loved one has suffered from brain injury as a result of medical malpractice, you need to seek compensation. However, before filing a lawsuit, you need to know how the brain injury can be caused by substandard medical care.

Under Which Circumstances Can A Brain Injury Lead To Medical Malpractice 

 There are many ways in which a brain injury may arise or be worsened through medical malpractice. Nevertheless, the main factor contributing to this is that the doctor must have failed to act in a manner in which a reasonable doctor under such circumstances could have acted. After realizing you have a medical malpractice case, it’s wise to seek legal help immediately. The lawyer will look for an expert witness who will also be a qualified doctor to diagnose the extent of your injuries. The same lawyer will help you file a brain injury lawsuit. Some of the most common causes may include:

Surgical errors: This may consist of errors while planning or performing the processes either due to lack of experience. These errors may result in brain damage

Misdiagnosis: This can cause the existing condition to go from bad to worse. One of the leading causes of misdiagnosis is that brain injury symptoms can be associated with other health conditions.

Failure to intubate a patient properly: This can lead to oxygen deprivation and hence damage the brain.

Failure to prevent infections: Someone with brain injury is at high risk of diseases. If this is not taken care of, the condition may lead to more damage.

Medication errors: This may result from a wrong prescription. This may result in permanent brain damage.

Failure to monitor the oxygen levels: If oxygen is not observed in the right way, there may be a total or partial loss, which may cause catastrophic damages within a brief period of time.

Steps To Take Before Filing A Brain Injury Lawsuit

If you’re considering taking some legal action, then you need to have a base on where you can start up the process. You can:

Look for an experienced medical malpractice lawyer: Brain injuries cases are incredibly complicated than any other type of injury. It becomes challenging to work on it alone. Thus, you need to search for an experienced lawyer who has dealt with such cases.

Take time to understand the legal issues related to your case: It's only through an understanding of what your case constitutes can you be able to gather evidence.

How To Gather Evidence For Your Case

To prove that you suffered brain injuries as a result of medical malpractice, you need to establish that there was negligence on the part of the medical doctor. However, it becomes very complicated when many people were involved in your treatment. This may be surgeons, nurses, doctors or even interns. In such a case, you can only get legal help from top attorneys and law firms in Wasilla Ak. They are better equipped to provide evidence. A lawyer will ask you few questions during your consultations.  Some include:

1. How did the injury happen?
2. What was happening during that time?
3. Who was involved?
4. Which medical treatment did you receive?

You don’t have to worry if you can’t recall every detail. You may be suffering from delayed concussion symptoms. Your lawyer will work out everything to gather evidence from other sources. Your only responsibility under such a situation would be to make sure you’re as transparent as possible. An experienced lawyer will effectively evaluate your medical records to determine fault and hence ensure you get the best compensation. Brain injuries have substantial financial burden; they may also lead to physical and emotional hardships that are long-term. These may be as a result of nursing care, psychiatry, neurosurgeons review, among others. With this, a victim may not be able to return to work. Thus the only solution would be to seek compensation for lost wages and loss of earning capacity. This is the reason why it’s so important to pursue compensation and to ensure you get what you deserve. Hiring a lawyer as soon as possible is the best solution. If you delay seeking your compensation, you may run out of cash down the line and you will not have any chance of going after your settlement.