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The medical malpractice lawyers at Duffy & Duffy have handled many cases when a medical professional and their medical negligence has caused brain injuries. These injuries include brain trauma, cognitive impairment, or a brain injury caused from an insufficient amount of blood flow carrying oxygen to the brain. If you suspect that you or a loved one has suffered a brain injury because your health care provider did not use the appropriate care, we can meet with you to learn about the details of your situation. In the event that you have a claim, a Long Island brain injury lawyer can assert your right to compensation with the dedication you deserve.
To succeed in brain injury medical malpractice cases and claims, a patient and their Long Island attorney must show that a doctor or other health care provider failed to offer treatment within the standard of care. The professional standard of care, which is specific to this context, requires a physician to act with at least as much diligence as would be shown by a similarly trained and situated doctor. Since this standard is difficult for a jury to understand, expert witnesses are needed to help explain where the line should be drawn. They also will be useful in identifying the negligent actions that caused the harm and guiding the jury in its analysis of whether those met the standard of care for that specific situation.
Once the patient has shown that the defendant doctor has breached the duty of care, a medical malpractice claim requires drawing a direct causal link from that breach to the injuries. A case will not succeed if the plaintiff would have been in the same position had the doctor not failed to meet the appropriate standard. However, if the patient does establish the causation element and identifies injuries that resulted from the breach, he or she may be eligible to receive a wide range of compensation. This can include medical expenses, lost income, pain and suffering, scarring and disfigurement, and any other losses that stemmed from the doctor’s negligence.
A traumatic brain injury (TBI) occurs when brain tissue is damaged by a sudden traumatic event, such as hitting an object. The resulting symptoms can range from mild to severe. Mild TBI can result in a brief loss of consciousness, headaches, confusion, dizziness, blurred vision, ringing in the ears, a bad taste in the mouth, a change in behavior or mood, fatigue, lethargy, altered sleep, or memory troubles. Severe TBI may involve the same symptoms, but it can also entail others that are more dramatic.
Brain cells require oxygen to function and may start to die if they do not receive it. Hypoxic-anoxic brain injuries (HAI) happen when there is a substantial or total lack of oxygen supplied to the brain. When caused by a professional health care provider, HAI can be the result of anesthesia errors, delaying proper intubation, or the delay in performing a C-section of a baby whose oxygen supply has been impaired.
Hypoxic-ischemic brain injuries (HIBI) happen when there is not enough cerebral blood flow to carry blood to the brain. These situations are often the result of malpractice during childbirth, such as an interruption of blood or oxygen to the placenta. However, adults may experience these injuries as the result of a misdiagnosed heart attack or stroke. An injury may be localized, as it is in ischemic strokes, or generalized, as it is in a circulatory collapse secondary to cardiac arrhythmias or cardiac arrest. Certain areas of the brain are particularly sensitive to a lack of oxygen.
Brain injury attorneys in Long Island at Duffy & Duffy understand that medical mistakes and negligence can occur in a variety of circumstances and lead to grave injuries. Common cases seen by our brain injury attorneys include:
Labor and delivery is known to be an unpredictable and difficult process, hence the physician in charge of delivering the baby needs to monitor the mother and unborn child and check for any signs of fetal distress. Failure to notice important problems, such as the umbilical cord’s pressure on the baby’s neck, may lead to a lack of oxygen to the brain, which can cause Cerebral Palsy. Since there is presently no cure for Cerebral Palsy, victims and their families face lifelong suffering and expenses due to the doctor’s mistake. A brain injury attorney in our firm, who specializes in Cerebral Palsy cases, will be happy to discuss your child’s case with you, and advise you about the possibility of recovery and damages that can result from it.
Another example of birth injury is cerebral hypoxia, which may also occur due to obstetrician’s failure to monitor the fetus during birth. Decreased heart rate, improper use of forceps and umbilical cord pressure are all things that should alert the doctor to act quickly in response to distress. Failure to perform a timely C-section, to restore the oxygen flow to the brain, may lead to significant brain damage caused by hypoxia. Our brain injury attorneys working with medical experts will review all the records surrounding your child’s birth and advise you as to whether the case may be meritorious in court.
Our brain injury attorneys also represent patients who were injured as the result of physician’s or emergency room staff’s failure to diagnose a condition, leading to brain injury. Examples of such cases can be a failure to diagnose meningitis, especially in children where an infection, if not caught in time, can lead to hydrocephalus, as well as significant pressure on the brain causing severe injury. If the child has symptoms consistent with meningitis, such as fever, lethargy or significant weight loss, performing lumbar puncture, together with blood work, is essential to proper diagnosis and timely treatment. Failure to do so may cause the treating provider to be named a defendant in a brain injury lawsuit.
Where the failure to diagnose stroke or meningitis may result in non-traumatic brain injury, approximately 250,000 concussions per year occur as the result of trauma to the brain sustained while playing sports. Statistics show that twenty percent of football players suffer some sort of head injury in a single season, and repeated concussions can be fatal. However, some coaches, trainers and team doctors simply dismiss player’s complaints as minor and insist that he continue to play. Failure to timely and properly address a concussion can lead to brain atrophy and other neurological deficits. Our brain injury attorneys understand that participating in contact sports can lead to players sustaining repeated head injuries and discuss any sports related case with experts, who will check records and see if there were symptoms of brain injury such as confusion or amnesia, which should have been caught and addressed.
Our brain injury attorneys also handle cases of non-traumatic brain injury, such as carbon monoxide poisoning, where the defendant is typically a landlord of a residential building who fails to properly maintain, inspect and repair faulty gas equipment, such as a heater. Tenant’s continuous exposure to carbon monoxide can result in lifelong brain damage, which cannot be cured. A brain injury lawyer representing a client who suffered as the result of the landlord’s negligence will demand all records of inspection and repair to help him prepare for the carbon monoxide poisoning lawsuit.
Accidents resulting from negligent, careless, and reckless operation of a vehicle remain the leading cause of traumatic brain injury cases in the United States. In cases of collision with a larger vehicle, such as a bus or a truck, or when the bicyclist is hit by a vehicle, head injuries are quite common. Failure to wear seat belts, protective head gear (such as helmets while riding a motorcycle) or being thrown through a windshield due to impact can all lead to serious brain damage. Our brain injury lawyers have represented victims of car accidents who suffered from mild to severe brain damage due to a vehicular accident and can attest that the pain and suffering is often long lasting. Call us today at (516) 990-4675 if you or your loved one has been hurt through a fault of another in a car collision.
Some of the most common causes of brain injuries by a negligent medical professional include the following:
Brain injuries often require immediate diagnosis to prevent permanent damage. When doctors dismiss symptoms like severe headaches or confusion as something minor, it can allow a serious condition to go untreated. Even a delayed diagnosis could be enough to cause a brain injury to worsen.
Even when a brain injury is recognized, delays in treatment can lead to severe harm. Patients with bleeding in the brain or dangerous swelling often require emergency intervention. If medical staff fail to act quickly, the injury can worsen and lead to long-term disability.
Brain surgery requires extreme precision, with even a small error potentially causing serious injuries. A surgical mistake during a procedure involving the brain or surrounding structures can cause neurological damage that never fully heals. Errors may include operating on the wrong area or failing to monitor the patient’s condition during or after the procedure.
Certain medications can worsen brain injuries or interfere with recovery if they are administered incorrectly. Giving the wrong drug, an improper dose, or medications that interact dangerously with other treatments can lead to complications that worsen neurological damage.
If you or a loved one are living with the consequences of a brain injury due to malpractice, take the following steps to pursue financial compensation.
Your first priority should always be your health. If a brain injury worsens or symptoms continue after treatment, seek an additional evaluation from another qualified provider right away. A second opinion can also identify whether a previous provider failed to diagnose or properly treat your injury.
Medical records play a critical role in brain injury malpractice cases. These documents show what symptoms were reported, what tests were ordered, and how doctors responded to the patient’s condition. Request copies of hospital records, imaging studies, prescriptions, and discharge instructions as soon as possible. Keeping a personal record of symptoms and medical visits can also help document how the injury progressed.
Brain injury malpractice cases are complex and often involve multiple medical providers. An experienced brain attorney in Long Island can review your medical history, consult with medical experts, and determine whether negligence contributed to the injury. The sooner you speak with an attorney, the more likely you are to get the outcome you deserve.
New York law places strict deadlines on medical malpractice claims, but it might not be immediately clear to you when time runs out. In many cases, a lawsuit must be filed within a limited period after the negligent treatment occurred or after the injury was discovered. Missing this deadline can prevent you from recovering compensation, which is why speaking with an attorney promptly is important.
Brain injuries often create long-term medical and financial challenges. In a malpractice case, compensation generally falls into two categories: economic damages and non-economic damages. Economic damages address the measurable financial losses caused by the injury. These damages include the cost of medical care, rehabilitation, assistive devices, and other expenses that result from the injury.
Non-economic damages address the personal and emotional impact of the injury. Compensation in this category recognizes the physical and emotional consequences of a brain injury that are hard to measure. Common damages recovered in brain injury malpractice cases may include:
Our Long Island lawyers will account for all losses associated with a brain injury claim.
The medical negligence attorneys at Duffy & Duffy have devoted their careers to helping individuals who have suffered hypoxia, traumatic brain injury or damage, and other serious injuries due to professional negligence. It can be difficult for a patient or family of a patient to know whether or not certain injuries are the natural result of a medical condition or the product of a mistake by a healthcare professional. Our attorneys understand the healthcare profession and consult with knowledgeable physicians and nurse experts on our clients’ cases. Contact us by calling (516) 990-4675 or using our online form.
Where the failure to diagnose stroke or meningitis may result in non-traumatic brain injury, approximately 250,000 concussions per year occur as the result of trauma to the brain sustained while playing sports. Statistics show that twenty percent of football players suffer some sort of head injury in a single season, and repeated concussions can be fatal. However, some coaches, trainers and team doctors simply dismiss player’s complaints as minor and insist that he continue to play. Failure to timely and properly address a concussion can lead to brain atrophy and other neurological deficits. Our brain injury attorneys understand that participating in contact sports can lead to players sustaining repeated head injuries and discuss any sports related case with experts, who will check records and see if there were symptoms of brain injury such as confusion or amnesia, which should have been caught and addressed.
Our brain injury attorneys also handle cases of non-traumatic brain injury, such as carbon monoxide poisoning, where the defendant is typically a landlord of a residential building who fails to properly maintain, inspect and repair faulty gas equipment, such as a heater. Tenant’s continuous exposure to carbon monoxide can result in lifelong brain damage, which cannot be cured. A brain injury lawyer representing a client who suffered as the result of the landlord’s negligence will demand all records of inspection and repair to help him prepare for the carbon monoxide poisoning lawsuit.
Accidents resulting from negligent, careless, and reckless operation of a vehicle remain the leading cause of traumatic brain injury cases in the United States. In cases of collision with a larger vehicle, such as a bus or a truck, or when the bicyclist is hit by a vehicle, head injuries are quite common. Failure to wear seat belts, protective head gear (such as helmets while riding a motorcycle) or being thrown through a windshield due to impact can all lead to serious brain damage. Our brain injury lawyers have represented victims of car accidents who suffered from mild to severe brain damage due to a vehicular accident and can attest that the pain and suffering is often long lasting. Call us today at (516) 394-4200 if you or your loved one has been hurt through a fault of another in a car collision.
The medical negligence attorneys at Duffy & Duffy have devoted their careers to helping individuals who have suffered hypoxia, traumatic brain injury or damage, and other serious injuries due to professional negligence. It can be difficult for a patient or family of a patient to know whether or not certain injuries are the natural result of a medical condition or the product of a mistake by a healthcare professional. Our attorneys understand the healthcare profession and consult with knowledgeable physicians and nurse experts on our clients’ cases. Contact us by calling (516) 394-4200 or using our online form.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
