Did You Suffer a Brain Injury After a Hospital Visit?
Medical malpractice that leads to brain injuries can be one of the most devastating and life-altering medical conditions that can occur. This injury can change an individual’s course and quality of life. In the event of negligence, you can obtain compensation with the help of a medical malpractice attorney from Reading, PA.
Medical malpractice occurs when a healthcare provider fails to provide the expected standard of care, resulting in harm or injury to the patient. In this context, it is important for patients and their families to understand their legal rights and options when it comes to seeking compensation for damages resulting from medical malpractice.
If you or a loved one is suffering from medical malpractice resulting in brain injury, know that the best course of action to take is to talk to a lawyer from PA Malpractice Lawyers, P.C. Pursuing legal action allows you to seek compensation for medical bills, lost wages, pain and suffering, and other damages caused by the negligence of healthcare providers. Talk to an attorney right now.
Medical Malpractice That Leads to Brain Injuries: What Is It?
Medical malpractice that leads to brain injuries refers to a situation where a healthcare provider fails to provide the expected standard of care, resulting in harm or injury to the patient’s brain. This can occur due to a variety of factors, such as misdiagnosis, medication errors, surgical errors, anesthesia errors, and more. The resulting brain injury can be severe and life-changing, impacting the patient’s physical, emotional, and financial well-being. Patients and their families may have legal options to seek compensation for damages resulting from medical malpractice that led to brain injuries. It’s crucial to consult with a medical malpractice attorney to understand your rights and pursue the compensation you deserve.
What Are the Common Brain Injuries Resulting from Malpractice?
Brain injuries resulting from medical malpractice can range from mild to severe and can have significant long-term effects on a patient’s life. Some common brain injuries resulting from medical malpractice include:
- Traumatic Brain Injury (TBI): TBI can occur when the brain is subjected to sudden, violent forces, such as a blow or jolt to the head. This can happen during a surgical procedure or as a result of a medical error.
- Hypoxic-Ischemic Brain Injury: This type of brain injury occurs when the brain is deprived of oxygen, such as during a surgical error or anesthesia complications.
- Cerebral Palsy: Cerebral Palsy is a group of neurological disorders that affect movement, coordination, and posture. Medical malpractice can cause cerebral palsy if a healthcare provider fails to provide adequate care during pregnancy, labor, or delivery.
- Infections: Brain infections can result from medical malpractice if a healthcare provider fails to diagnose or treat an infection in a timely manner.
It’s important to note that each case is unique, and the specific type of brain injury resulting from medical malpractice will depend on the circumstances of the case. If you suspect that you or a loved one has suffered a brain injury due to medical malpractice, it’s important to seek legal and medical advice as soon as possible.
What are the Causes of Brain Injuries?
In a medical malpractice injury context, it is safe to say that brain injuries in general were caused by the negligence of a healthcare provider. However, to get into the specifics, here are the particular acts of medical malpractice resulting in brain injury:
- Errors With Anesthesia. Erroneous anesthesia administration can cause an individual to suffer from brain injury. This leads to a loss of oxygen in the brain and can even lead to permanent brain damage in patients.
- Misdiagnoses. Misdiagnosis or a failure to accurately diagnose can snowball into bigger and more serious conditions for the patient since they won’t be able to receive the proper treatment needed, leading to more errors along the way.
- Surgical Mistakes. Perhaps the most obvious and expected one is a surgical error. Mishandling of tools, wrong site entry, and incorrect closure of sutures are factors that could lead to brain injury.
- Incorrect Intubation or CPR. This causes brain injury since faulty intubation can lead to hypoxia or lack of oxygen, hypercapnia or excess carbon dioxide, trauma to the brain, aspiration, and cardiac arrest.
If you or a loved one has suffered from a brain injury resulting from negligent or erroneous behavior in the hands of a healthcare provider, know that you can always turn to a Reading, PA medical malpractice attorney who can advise you on the best steps to take.
How Do I File a Lawsuit for Medical Malpractice that Resulted in Brain Injury?
Filing a lawsuit for medical malpractice resulting in brain injury can be a complex and challenging process. Some general steps that can help you navigate this process include consulting with an experienced medical malpractice attorney, gathering evidence, obtaining opinions from medical professionals, filing a claim, going through the discovery phase, negotiating a settlement, and going to trial if necessary.
Of course, given the complicated nature of medical malpractice, it isn’t recommended that you go through it alone. A Reading, PA medical malpractice attorney from PA Malpractice Lawyers, P.C. is ready to help you through it all.
How Does One Prove a Medical Malpractice Case?
Proving negligence in a medical malpractice case requires establishing that a healthcare provider failed to meet the standard of care expected of them and that this failure caused harm to the patient. Here are the general steps to prove negligence in a medical malpractice case:
- Prove the existence of a doctor-patient relationship: The first step in proving negligence is to establish that there was a doctor-patient relationship between the healthcare provider and the patient.
- Prove that there is a standard of care: The standard of care is the level of care that a reasonable healthcare provider with the same training and experience would provide under similar circumstances. To prove negligence, you must show that the healthcare provider failed to meet this standard of care.
- Show that the healthcare provider breached their duty: You must demonstrate that the healthcare provider breached their duty of care by failing to meet the standard of care. This can be shown by presenting evidence such as medical records, witness testimony, or medical professionals’ opinions.
- Prove causation: You must establish a causal link between the healthcare provider’s breach of duty and the patient’s injury. This can be challenging, as there may be other factors that contributed to the injury.
- Demonstrate Damages: Finally, you must show that the patient suffered harm as a result of the healthcare provider’s breach of duty. This can include physical, emotional, and financial damages.
Proving negligence in a medical malpractice case can be complex and requires a thorough understanding of medical procedures and legal standards. It’s essential to consult with an experienced medical malpractice attorney who can help you build a strong case and protect your rights.
What is the Statute of Limitations for Filing Medical Malpractice in Pennsylvania?
In Pennsylvania, the statute of limitations for medical malpractice claims is two years from the date of the malpractice incident. This means that you have two years from the date of the injury to file a lawsuit. However, there are some exceptions to this rule.
The statute of limitations may be “tolled” or extended if the plaintiff was not aware of the injury or the malpractice until later. This is known as the “discovery rule.” In such cases, the two-year clock starts ticking from the date the plaintiff discovers the injury or the malpractice.
It’s important to note that the statute of limitations for medical malpractice claims in Pennsylvania is a strict deadline. If you miss the deadline, you may lose your right to file a lawsuit and seek compensation. That’s why it’s crucial to consult with a medical malpractice attorney as soon as possible to protect your legal rights and explore your options.
Call Our Medical Malpractice Attorney Right Now.
If you or a loved one has suffered a brain injury due to medical malpractice, it’s essential to seek legal representation from attorneys who specialize in this area of law. At PA Malpractice Lawyers P.C., we have a team of attorneys in Reading, Pennsylvania, who specialize in medical malpractice that leads to brain injuries.
Our practice areas include personal injury cases such as birth injuries and wrongful death, in addition to brain injuries resulting from medical malpractice. Our attorneys have a deep understanding of the complexities involved in such cases and are committed to helping our clients seek the justice they deserve.
At PA Malpractice Lawyers P.C., we provide personalized legal services to our clients. We work closely with you to understand your unique needs and develop a customized legal strategy that is tailored to your situation.
If you’re looking for a medical malpractice attorney in Reading, Pennsylvania, look no further than PA Malpractice Lawyers P.C. Contact us today to schedule a consultation and learn more about how we can help you. Don’t wait, take action now to protect your rights and seek the compensation you deserve for the harm caused by medical malpractice.
