How common are TBIs caused by medical malpractice?

Traumatic brain injuries caused by medical malpractice are less common than those caused by accidents or falls, but they do happen – and when they do, the consequences can be severe. TBIs from malpractice typically result from errors in clinical judgment, surgical errors, or a failure to act in a timely manner. Here are a few examples of how medical negligence can lead to traumatic or acquired brain injuries.

1. Surgical Errors: Mistakes made during brain, spine, or vascular surgeries can directly injure brain tissue or cause complications like bleeding, swelling, or lack of oxygen – all of which may result in TBI.
2. Hypoxic-Ischemic Brain Injuries: If a patient experiences oxygen deprivation or reduced blood flow to the brain during surgery or due to failure to monitor vital signs, the resulting brain damage can be catastrophic.
3. Missed or Delayed Stroke Diagnosis: Failure to promptly recognize and treat a stroke can lead to permanent brain injury. Time is critical when a stroke is occurring, and delays can drastically worsen the outcome.
4. Anesthesia Complications: Administering the wrong dosage, failing to monitor oxygen levels, or mishandling intubation can all lead to hypoxia and resulting brain damage.
5. Infections: Neglecting to identify or treat infections such as meningitis or encephalitis in a timely manner can cause inflammation and damage to brain tissue.
6. Medication Errors: Overdoses, drug interactions, or administering contraindicated medications can cause seizures, brain swelling, or other neurological effects leading to TBI.
7. Birth Injuries: In newborns, the improper use of delivery tools or delayed response to fetal distress can result in trauma or oxygen deprivation, potentially causing permanent brain damage.

If you suspect that you or a loved one has suffered a traumatic brain injury due to medical malpractice, it’s crucial to consult with legal and medical professionals to evaluate the specific circumstances. Medical malpractice cases are complex, and a team like Bell Law Firm can help you review medical records and establish any negligence and causation.

Can I sue my doctor for a traumatic brain injury?

Yes, it is possible to sue a doctor for a brain injury if the injury was caused by the doctor’s negligence or medical malpractice. Medical malpractice occurs when a healthcare professional fails to provide a standard level of care, and this failure results in harm to the patient. If a doctor’s actions or omissions lead to a brain injury, you may have grounds for a medical malpractice lawsuit.

It’s important to find an attorney with experience in traumatic brain injury cases, like Bell Law Firm. Past case examples include:

• Huizer v. Piedmont Healthcare
• Buckelew v. Womack
• Williams v. St. Francis Hospital 

How do I sue for a brain injury in Georgia?

If you or a loved one has been harmed by substandard care, you may want to file a lawsuit. Here’s how to start your medical negligence case.

1. Find a qualified attorney with a history of success in medical malpractice cases and experience taking cases all the way to trial. The greater the harm, the more providers, employers and insurers will get involved. That’s when you need the most qualified, experienced counsel.
2. Obtain and review medical records. Once the attorneys have evaluated your case, they should help you obtain certified medical records from the healthcare organization where the brain or spinal injury occurred. Qualified attorneys like Bell Law Firm will then review the medical records closely in consultation with medical experts to identify the precise actions and inactions that resulted in negligence or malpractice.
3. Obtain an expert affidavit. Once you and your attorneys have identified what went wrong, the case should be evaluated by qualified healthcare professionals (experts) who are willing to testify on your behalf.
4. File the complaint. A complaint is a document that launches the lawsuit. It should tell your story clearly and thoroughly based on the medical records and other evidence. A complaint should also spell out each instance of alleged negligence as a “claim” or a “cause of action.” That way, the court and defendants know you’ve done your homework and are backed by qualified attorneys and experts.

Keep in mind that every state has a deadline for filing a complaint. With narrow exceptions, Georgia requires filing within two years after the alleged negligence harmed the patient.

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