Causes of Traumatic Brain Injury
According to the Brain Trauma Foundation, approximately 52,000 people will die as a result of a traumatic brain injury (TBI). Most traumatic brain injuries occur due to motor vehicle accidents, simple falls, a physical assault or a sports injury. However, some people may suffer a TBI as a result of medical negligence. A TBI happens when a sudden trauma occurs, causing damage to the brain. There are three different categories of TBI, which range from mild, to moderate or severe. People who suffer mild TBI have a good chance of making a full recovery. Those with a moderate TBI may end up being permanently disabled and a severe TBI could lead to death.
A victim of medical malpractice has two years from the date of injury in which to file a claim. The Texas statute of limitations can be extended if the victim was a minor at the time of the incident. In that case, he or she must file their lawsuit within two years of their eighteenth birthday. The statute can also be tolled if the victim did not discover the cause of their injury within the legal timeframe. Since these cases can be complicated, it’s best to contact a Philadelphia brain injury lawyer for advice.
TBI and Medical Negligence
When a doctor, surgeon or other medical professional deviates from the normal standard of care expected, they may be guilty of medical malpractice. The most common causes of TBI due to medical negligence include the following:
• The obstetrician fails to perform a Cesarean section after the mother has been in prolonged labor and the baby gets stuck in the birth canal and is deprived of oxygen.
• The doctor prescribes a medication during pregnancy that ends up harming the unborn child.
• The umbilical cord becomes stuck around the baby’s neck cutting off blood flow or oxygen to the baby.
• Using forceps or vacuum extraction improperly during delivery can cause the baby’s skull to be crushed.
• Failing to respond to signs of fetal distress and not performing an emergency Cesarean section in time.
Additional TBI Malpractice Causes
• Overmedicating the patient or administering the wrong medication
• Failing to diagnose a stroke
• Infection acquired after surgery
• The patient was given too much anesthesia
• Being deprived of oxygen during surgery
• Taking the intubation tube out too soon when the patient is unable to breathe on his or her own
The victims of a TBI caused by medical negligence have the right to seek compensation for their injuries. This could include the cost of medical treatment, loss of wages if unable to return to work, pain and suffering and emotional or mental anguish.
Filing a Malpractice Claim in Texas
Most people place confidence in their doctors to provide the best medical treatment possible. However, when doctors or surgeons are pressured due to an overwhelming patient load, they can make a mistake. Victims who have suffered a traumatic brain injury due to medical malpractice may need lifelong care. It is their right to pursue litigation against the doctor or hospital responsible for a medical error. They are entitled to obtain compensation to cover the cost of medical treatment and lost wages. Because the law limits the amount of time in which to file a claim, it is imperative to act immediately. Injured victims in the State of Pennsylvania must file a lawsuit within two years from the date of injury. We recommend contacting our experienced Philadelphia brain injury lawyers for assistance.
When a medical professional deviates from the normal standard of care, the patient may wish to file a claim against the provider. A traumatic brain injury can be the result of doctors in a rush to provide treatment or the failure to order the necessary tests to accurately diagnose the patient’s condition. Anyone who has been the victim of medical negligence has the right to pursue damages in order to obtain compensation for their injuries.
In Texas, the injured victim must file their case within two years from the date the malpractice occurred. Proving that a doctor or other healthcare worker was negligent can be a daunting task. Therefore, it is advised that you contact a Texas brain injury lawyer for assistance.
When to Consult an Attorney
Whenever someone is injured through the negligence of others, they have the right to pursue litigation against those responsible. The law allows victims to be compensated for their losses or the cost of medical care necessary due to the injury. In cases of death, the family of the victim can file a medical malpractice claim.
Because there is such a short time period in which to file a malpractice claim, it is extremely important to consult an attorney who specializes in these types of cases. We have experience in representing clients throughout the State of Texas who have been the victims of a traumatic brain injury. Please contact us today to find out how we can help in obtaining the damages you are entitled to receive.