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Brain Injury Malpractice

Long Island Attorneys Skilled Taking Legal Action in Guiding Patients Through Negligence Claims

The medical malpractice lawyers at Duffy & Duffy have handled many cases on Long Island and beyond when a medical professional and their medical negligence has caused brain injuries. These injuries include brain trauma, a lack of oxygen, cognitive impairment, or a brain injury caused from an insufficient amount of cerebral blood flow carrying blood 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, we can assert your right to compensation with the dedication you deserve.

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Protect Your Rights Against a Health Care Provider After a Traumatic Brain Injury

To succeed in medical malpractices cases and claims, a patient must show that a doctor or other health care provider failed to offer treatment at an appropriate level. 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 careless 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 damages 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.

What is a traumatic brain injury?

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 cannot receive it. Hypoxic-anoxic injuries (HAI) happen when there is a substantial (hypoxic) or total (anoxic) 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, delay in performing a C-section of a baby whose oxygen supply has been impaired, or poor nursing that results in a delay in realizing and fixing oxygen deprivation.

Ischemic and hypoxic-ischemic injuries (HII) 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.

Frequently asked questions

How are malpractice settlements calculated?

Medical malpractice settlements are typically calculated by determining the average jury award for similar injuries, multiplied by the likelihood of prevailing at trial. The average jury award is based on a number of factors, including the cost of medical expenses, lost income due to being unable to work, and the pain and suffering that resulted from the medical error.

Can you sue your doctor for not informing you of an injury or disease?

Yes, a doctor can be held legally liable for failing to inform you of a known medical condition. They can also be sued for failing to detect an illness or injury that they reasonably should have noticed had they done their due diligence.

Can surgery result in a traumatic brain injury?

Yes, surgery can result in a potential traumatic brain injury (TBI), even when the surgery is not on the brain itself. A mistake during surgery can result in blood being cut off to the brain, resulting in potential brain damage.

Contact a Malpractice Lawyer in Long Island to Protect Your Rights

The medical negligence attorneys at Duffy & Duffy have devoted their careers to helping individuals on Long Island and beyond who have suffered hypoxia, traumatic brain injury or damage, and other serious injuries due to professional negligence. It can be difficult as 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 physician and nurse experts on our clients’ cases. Contact us by calling (516) 394-4200 or using our online form. Our clients come from throughout New York, including the Bronx and Queens as well as Nassau, Suffolk, and Kings Counties.

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