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Brain Injury - Medical Malpractice Lawyers

LEGAL HELPLINE: ☎ 855 804 7125

Whilst most medical procedures are carried out satisfactorily by healthcare professionals there are times when things go wrong. Serious damage, with life threatening consequences, can occur as a result of negligent actions, poor skills, or delayed treatment for a traumatic brain injury. Where this occurs due to error our brain injury medical malpractice lawyers can help you to obtain a settlement for any damage that you or a loved one may have suffered. A brain injury medical malpractice lawyer will take a detailed statement after consideration of your medical records and will obtain medical opinions from experienced clinicians. No stone will be left unturned in our quest for justice to ensure that a fair settlement based on medical malpractice is obtained. Our brain injury lawyers charge no legal fees unless your claim is settled satisfactorily and you obtain a payment of damages. If you would like free advice from a brain injury medical malpractice compensation claim lawyer without further any obligation just contact our offices.

Mild TBI

Mild TBI is the most common type of brain injury and it can occur in many and varied ways to all age group. The initial injury occurs when the brain “bounces” briefly, squeezing the layers containing cerebrospinal fluid, and allowing the skull to come into direct contact with the brain. This causes bruising, which can lead to swelling of the brain and typical symptoms of brain injury for some time after the incident.

The causes can be related to any kind of sudden stopping, such as head contact with a solid object or a moving object meeting with the head. It can also be as a result of a fall or any other condition where severe head shaking occurs.

Many people who have suffered a mild TBI feel “normal” afterwards and, therefore, do not seek medical assistance. In truth, often there are no further symptoms. However, people around the sufferer should remain vigilant in the days and even weeks after the initial incident as symptoms which can produce more serious brain damaging conditions can go unnoticed.

These include :

From a medical perspective, mild TBI is often undiagnosed because the sufferer may not attend a medical facility. This may be because there was no loss of consciousness, so the person does not realize they have experienced a TBI. Another common reason for not seeking medical diagnosis - or a diagnosis of TBI not being concluded by attending medical staff - is there are often no symptoms to identify at the time of the injury.

However, should symptoms arouse suspicion of a mild TBI in the days or weeks after the incident, positive identification can be made using an MRI (magnetic resonance imaging) or CT (computed tomography) scanning technologies.

Mis-diagnosis or late diagnosis can give rise to a medical malpractice compensation claim.

Severe TBI

The difference between a mild traumatic brain injury and a severe traumatic brain injury is the level of loss of consciousness and the persistence of neurological findings in those with severe injuries. Those with severe traumatic brain injuries almost always have a prolonged period of loss of consciousness or even a coma that can persist for weeks following the injury. There is often brain swelling and bleeding within the brain with severe disability and death is not uncommon, especially if a person is in a prolonged coma. An awakening coma patient can appear relatively normal or can have evidence of severe cognitive deficit.

The main symptoms of severe traumatic brain injury are coma or other loss of consciousness. Severe cognitive deficits occur upon awakening and the person has difficulty with memory attention and can be affected with tinnitus or ringing in the ears can be noted. Taste and smell can be lost. Many people with traumatic brain injuries have prolonged and frequent seizures. There can be paralysis and chronic problems with bowel and bladder function. Sleep can be impaired and there can be a change in appetite. Personal, emotional and social changes are too common and the victim can be aggressive, irritable, depressed and can have dependent behaviors.

A severe traumatic brain injury may cause a severe deficit in the way the victim interacts with loved ones. There can be difficulty with memory and concentration often associated with confusion or impulsive behavior. Vision and hearing may be affected and there may be problems with seizures. Different parts of the body can be paralyzed and there may be bowel and bladder dysfunction. Personality can change and a victim may develop irritability depression, denial or aggressive behavior. The treatment of severe traumatic brain disorder is primarily supportive of vital signs, followed by aggressive physical and occupational therapy so the patient gradually improves.

There can be two different states of consciousness associated with severe traumatic brain injury. You can be in a coma—completely unaware of your surroundings with closed eyes as if sleeping. This lasts up to four weeks following a traumatic brain injury. On the other hand, you can be in a vegetative state. Your eyes open and close and you have sleep/wake cycles. Even so, you are unaware of your surroundings and can be in this state for at least a year following the brain injury. There can be a shorter length of a persistent vegetative state if it was due to a hypoxic-anoxic injury to the brain.

In a vegetative state, the awareness of the surrounding area is minimal and the person can recover enough to be able to follow simple commands and partake in simple gestures. They may be able to indicate a yes or no response and has a sleep wake cycle, unlike in comas when the patient is always asleep.

TBI Surgery

There are many types of brain injuries—ranging from minor contusions to the brain, concussions, bleeding in the brain and severe pressure to the brain. There can be skull fractures with shards of bone lacerating what otherwise would be normal issue. The cause of a head injury can be sports injury, motor vehicle accident, severe fall or a motor vehicle accident. Some of these injuries get better by watchful waiting and physical therapy. Others will not get better unless surgery is done on the brain. Fractures of the skull often need surgery to remove debris and fragments of bone.

Delays in brain surgery can be deadly. As the brain swell s from internal bleeding, the pressure within the brain builds up and can result in herniation of the brain into the spinal cord area and ultimate death. With rapid surgery, the pressure can be relieved from the brain and, in some situations, bleeding can be stopped permanently. A burr hole can be put the side of the head so as to decrease pressure immediately. When more complicated surgery is required, doctors do a craniotomy—remove a section of bone—and manipulate the damaged areas of the brain, removing dead brain and doing surgery on the bleeding blood vessels so they don’t bleed any more.

Consequences of TBI


Those who suffer a traumatic brain injury (TBI) usually have to live with the consequences for the rest of their lives. While there are cases where recovery is complete, there are many who never recuperate fully and still others who are left with permanent disabilities in varying degrees.

The first indication of how long it may take a person to recover from a traumatic brain injury is the length of time the patient was unconscious. The estimate is carried out using methods like the Glasgow Coma Scale. This is a measure by which the patient is assessed by responses to motor function and verbal capabilities. This 15 point scale is used to asses every level of coma over 20 minutes in duration. (It should be noted that there are other methods of assessment used, but the Glasgow Coma Scale is the most widely used in the Western medical system).

LEGAL HELPLINE: ☎ 855 804 7125

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The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here