X-ray scan of injuries.

Severe Brain Injuries as Medical Malpractice Case


Brain injuries are just among the most severe results of major accidents like motorcycle or automobile collisions, sports injuries, or workplace or industrial mishaps.

If someone you know is suffering from an injury, the article entitled Brain Injury Symptoms and Diagnosis by Find Law provides us with a general idea of what a brain injury is.

“Brain Injury Symptoms

Brain injury symptoms indicating that you may have a brain injury include the following:

  • Numbness
  • Excessive drowsiness
  • Severe headache
  • Weakness in your arms or legs
  • Dizziness or loss of vision
  • Slurred speech
  • Loss of consciousness or confusion
  • Vomiting or nausea
X-ray scan of injuries.
X-ray scan of injuries.

If you are experiencing any brain injury symptoms, you should seek immediate medical treatment. Also, brain injury symptoms may not appear immediately, so if you think you may have suffered a brain injury, seek medical assistance.”

Now that you’re aware of the signs and symptoms of a brain injury, Brain Injury Case: The Economics of the Case by TBI Law details the case’s matters.

“Economic Damages in a Brain Injury Case:

Loss of Earning Capacity in a Brain Injury Case.

The first focus on the economic damages is the vocational expert witness. The vocational expert this is the witness who will tell the jury whether the deficits that have been diagnosed will impact the clients future “earning capacity.” If the TBI survivor has problems with fatigue, memory, background noise, concentration, balance, behavior, anger management, frustration, disinhibition, there will likely be a loss of earning capacity. Any of those deficits can negatively impact the ability to maintain competitive employment.

The loss of future earning capacity will be some percentage of the current earnings, if the person is not completely disabled.  Further, even with those who go back to work, there may be a premature retirement, adding full years losses to the end of the earning capacity. This is because disabled people unequivocally leave the work force much earlier.

Now as we compare this to the nominal lost wages in the first hypothetical, we would probably have a total loss of earning capacity of something like $20,000 per year for 12 years, and $40,000 for 12 years.

(This assumes the persons works at a diminished productivity until they are in their late 40’s and is totally disabled thereafter.) Now the lifetime loss of earning capacity could be as much as $720,000.”

Brain Injury Lawsuits by Nolo talk about what you have to do when someone you know suffers a brain injury. Here’s an excerpt:

“Gather Evidence about the Accident and Your Injuries

In preparing your case, an experienced attorney will ask you questions about how your head or brain injury occurred. He or she is likely to ask you what you remember of the accident, how it happened, where you were and what you were doing at the time, and the medical treatment you received. It’s common for brain injury sufferers to experience memory loss when it comes to the events surrounding the injury, so don’t worry if you can’t recall details of the accident. The important thing is to be completely honest with your lawyer and gather as much information as you can from other sources like witnesses, accident reports, and newspaper articles.”

To learn more about what family members can do right after an accident, read our blog posts at mcallenpersonalinjurylawyer.com.

Brain Injury Doctor.

A Comprehensive Discussion on Traumatic Brain Injuries

Brain injuries include any severe head injury that causes permanent mental or physical impairment. A traumatic injury to the brain can arise from any type of fall or accident, and from sports injuries, violent acts, or poor medical care.

A Head Injury Claim’s Settlement Value

A head injury could be traumatic or minor – easily perceived, like open wounds or bumps, or entirely invisible to the eye. Also, head injuries could be accompanied by brain damage, such as cognitive impairments, memory loss, and behavioural and emotional changes that could significantly ruin your standard of living.

And if you’ve gotten a head injury from your accident, then at some point, you’ll want to take into account how much you’d be willing to get for your recovery from the liable party. Resolving the claim through voluntary settlement could be more beneficial and efficient to you (as well as the defendant) since it saves both parties the cost of litigation and time.

Because the injury can be damaging, calculating damages for such settlement can be hard and is in accordance with various factors, which we will assess here. Also, we have listed some recent instance where various forms of head injuries were endured by the plaintiff.

Forms of Damages

There are two fundamental forms of damages in such cases: general damages and special damages.

Brain Injury Doctor.
Brain Injury Doctor.

TRAUMATIC BRAIN INJURY by Impact Law provides us with an overview of brain injury causes in an excerpt below:


Whether on the road or in the workplace, there are a countless number of potential accidents that may result in severe head trauma. Some common causes of brain injuries include car accidents, poor medical care, falling objects, physical assaults, and falls on slippery surfaces.”

In Settlement Value of a Head Injury Claim by ALLLAW, it encompasses a list of special and general damages.

“Special Damages

Special damages (or economic losses) are damages for which money is a comparable substitute for what was lost. This is also known as the “out-of-pocket” loss rule. Special damages can include:

  • Lost wages
  • Lost earning capacity
  • Medical expenses
  • Funeral and burial expenses – in a wrongful death case
  • Property damages

General Damages

General damages (or non-economic losses) are losses for which money is only a rough substitute. General damages include:

  • Physical pain and suffering
  • Humiliation and embarrassment
  • Shock and mental anguish
  • Loss of reputation
  • Loss of consortium – A claim made by the family or spouse of the injured person
  • Loss of society and companionship
  • Emotional distress”

Calculating Damages

Calculating your damages for such settlement shall take in the following:

  1. Calculate special damages. It’s simple to do for lost wages and medical expenses, but harder lost earning capacity or for future wages. It’s a great idea to keep comprehensive records and documents of your injuries and each physical therapist or doctor visit, and the medication you take due to the injury.
  2. Calculate general damages. Frequently, general damages equal twice to 5 times special damages, depending on the injury’s severity. A slight bump on the scrape or head won’t gather nearly as much in damages for pain and suffering as a brain injury or concussion. It aids to keep a journal where you can record your injuries’ effect on your daily life. Make records of any discomfort you feel, like emotional harm or headaches, and other head or brain injury symptoms as well as effects such as dizziness, memory loss, soft-tissue scarring, fatigue, etc.
  3. Add general and special damages together. Your general and special damages’ sum is the total amount of your claim.
  4. Adjust the cost to reflect savings. And then, adjust the special and general damages’ sum based on the expenses you won’t incur, and the risks that you’ll avoid, by not proceeding to trial. And the extent to which you’ll adjust your claim’s value will depend on numerous factors, like whether the other party is obviously responsible or not.
  5. Compare to current jury verdicts. Lastly, supplement the damage analysis with settlements or awards in your jurisdiction. Nearly everybody involved in such litigation – including both defence counsel and plaintiff, and the insurance representative or adjuster — do so, so you must as well.
Brain scan
Brain scan

 Brain Injury Symptoms and Diagnosis by Findlaw takes in a category called “Know Your Rights,” which discusses the general principles on severe brain injury.

“The costs of medical treatment, including costs of rehabilitation, therapy or assisted care, can run into the hundreds of thousands or even millions of dollars. If your brain injury was caused by someone else, you may have the right to be compensated for your injury and the costs you will incur. Typical ways that another person may be held liable for your brain injury include medical malpractice, product liability, and negligence.

Waiting to diagnose your brain injury symptoms may cause further damage to your brain and may jeopardize your chances of bringing a lawsuit against the party responsible for your injury. Often, those suffering brain injury symptoms may dismiss them as not serious and not seek medical treatment. In addition, doctors may misdiagnose brain injury symptoms or fail to recognize the signs of a brain injury.

If you believe you are suffering brain injury symptoms, have been diagnosed with a brain injury, or are concerned that you have been misdiagnosed by a doctor, you should seek the help of a qualified brain injury lawyer. A lawyer can also help you negotiate with an insurance company, file a worker’s compensation claim, and apprise you of any other rights you may have. You shouldn’t delay, as many states have statute of limitations laws limiting the time you have to file a lawsuit.”

Learn more about brain injuries and its legalities here – HidalgoCountryBizList.com

Your typical hospital

Missed Diagnoses and Drug Errors are Main Causes of Malpractice Suits

Nearly all primary care physicians are charged primarily for drug errors and missed diagnoses, researchers at Trinity College Dublin and Royal College of Surgeons, Ireland stated in BMJ Open. Nearly all missed diagnoses entailed cases of heart attack, cancer, and meningitis.

The authors, T. Fahey, S. M. Smith, E. Wallace, and J. Lowry stated that there have been extremely few reviews on court case at the level of primary care. This is shocking, since the majority of patient visits are along with their general practitioner (primary care doctor).

The team collected and analyzed information from available studies in English based on how many malpractice claims were there in primary care in January 2013 and April 2012. Moreover, they wanted to find out what causes the claims.

After inspecting various studies, they chose thirty-four which were considered adequate for their study. One was based in Canada, 2 in France, 7 in Australia, 9 in the UK, 15 in the United States.

Medical Malpractice Error
What is Medical Malpractice Error

The researchers found that:

  • Sixteen percent of claims in January 2013, and 7.8% in April 2012 were against such physicians.
  • In the UK, there was a twenty percent general rise in claims between 2009 & 2010, furthermore, claims against GPs (general practitioners) composed the greatest percentage of the increase.
  • Claims against UK general practitioners doubled from 1994 to 1999.
  • General practice in primary care in Australia comprised the highest claims percentage for 2009 and 2010 based on the database of Medical Indemnity National Collection.
  • In general, in the countries considered, missed diagnoses comprised between 26 and 63 percent of all medical malpractice claims.
  • The most widespread consequence of so-called malpractice was death, from 15 to 48 percent of all malpractice claims brought for missed diagnoses.

In the claims generated the most frequently missed diagnosed illnesses were linked to cancer and heart attack among adults. There were loads of cases claiming missed diagnoses in instances such as fractures, appendicitis, and ectopic pregnancy.

Among pediatric patients, the most widespread claims were linked to meningitis and cancers.

The next most frequent sources of medical malpractice claims were drug errors, ranging from 5.6 to 20 percent of all cases.

Nearly all Claims were Unsuccessful

In the USA, just 1/3 of claims winded up in a disbursement; and nearly 50% in the United Kingdom.

Over the past 2 decades, the number of medical malpractice claims against US primary care doctors has not altered significantly. This hasn’t been the situation in the Australia and UK, where malpractice claims against general practitioners have been progressively rising.

Your typical hospital

The expression “primary care” has somewhat different meanings from country to country, making it difficult to simplify from these result, the authors stated. “Utilizing legal claims as a substitute for unfavorable events as well has its limits,” they added.

In the journal’s abstract, the authors stated:

“This malpractice claim review in primary care focuses on medication error and diagnosis as fields to be prioritized in making risk management schemes and educational strategies.”

Blood thinners comprise 7% of all medical errors – University of Illinois researchers stated in Annals of Pharmacotherapy that about 7 percent of all medical errors in patients in the United States entail blood thinners (anticoagulant drugs).

These are prescribed so as to lessen the risk of heart attack and stroke through preventing blood clots within the arteries and veins.

Ten percent of time waiting for medical malpractice claim resolution – the average physicians in the United States spends about ten percent of his/her career time in practice to wait for a medical malpractice claim resolution, Seth Seabury (RAND Corporation) and Anupam Jena (Harvard Medical School) stated in the journal Health Affairs.

Professor Jena stated, “We think that the time needed to resolve medical malpractice claims might be an important reason that doctors are so verbal regarding malpractice reform, and that whichever attempt at such reform will have to take the speed with which claims are solved into account.”

birth injury claim

A Close Look At Birth Injury Cases

Birth injuries can occur for various reasons, but in cases wherein they are caused because of careless mistakes and medical negligence made by a healthcare provider, you have the legal right and option to hold the guilty party accountable.

Birth Injury Overview by Find Law discusses the general idea of the claim. Below is just an excerpt from the article:

“The facts of cases involving birth injuries to a baby can differ greatly, but most situations involve one of two general scenarios: either the doctor’s failure to assess or respond to conditions, or injuries due to prenatal care (including prescription drugs).

In the first scenario, for example, a doctor may fail to recognize pregnancy disorders like hypertension; improper use of medical devices such as forceps or vacuum; failure to perform a necessary cesarean section; or improper assessment of a baby’s overall health in the womb. A lawsuit arising from these types of situations will usually include a medical malpractice claim against the physicians and other medical practitioners involved, and in some cases a claim against the hospital where the treatment or delivery took place.

In the second scenario, for example, a pregnant woman may have taken a prescription drug under the guidance and supervision of a doctor or pharmacist. In such a situation where the drug causes injury, you may also have a claim against the drug manufacturer and the pharmacist who assisted you with your prescription.”

birth injury claim
Doctor treating a birth injury

Types of Birth Injury Cases Birth Injury Attorneys Take On

Whereas a few birth injury attorneys may specifically focus on one birth injury, like cerebral palsy (United States’ leading birth injury), most specialise in various birth injuries. A few of the most frequent birth injuries include:

  • Erb’s palsy also called shoulder dystocia or brachial plexus
  • Infant brain damage
  • Persistent Pulmonary Hypertension of the Newborn (PPHN)
  • Hypoxia
  • Anoxia
  • Bone fractures
  • Wrongful death
  • Perinatal Asphyxia
  • Cephalohematoma
  • Spinal cord injuries
  • Facial Paralysis
  • Fetal lacerations
  • Caput Succedaneum
  • Shoulder dystocia,

Despite the types of cases an attorney handles, the most significant factor is a reliable track record and all-encompassing experience in representing clients that have birth injury cases.

Birth injury cases are very intricate, and though they’re deemed as personal injury cases, a general personal injury lawyer who takes on every type of personal injury cases may not have the knowledge and experience needed to provide you with your best chances in supporting your birth injury case.

Statistics reveal that lawyers who focus on a specific field are much more likely to get a higher compensation amount for their clients than a lawyer who has a general practice.

HG.org’s article entitled Filing a Birth Injury Lawsuit includes the various common errors made during the process of delivery:

  • “Physician did not recognize or address the fetal distress
  • Forceps were used incorrectly
  • Physician used excessive force
  • Baby suffered a lack of oxygen
  • Physician did not follow up with the patient after delivery
  • Physician administered improper medication, or an incorrect dosage
  • Failure to perform a cesarean section”

Birth Injury Lawyer is an article by Birth injury Guide, which tells us details about where to find such lawyer, their cost, and all that, but below is an important excerpt from the article.

“How Much Compensation Can a Birth Attorney Win For Me?

Birth injury cases are all different, and therefore it’s difficult for a birth injury attorney to tell you beforehand an exact amount you should receive. In fact, if an attorney promises you a certain amount of compensation, this should raise a red flag as there are so many details that go into each individual case that it’s almost impossible to guarantee what you’ll win. However, in general,  plaintiffs who win their birth injury lawsuits may be entitled to:

  • Medical expenses associate with the injuries, including past, present, and estimated future costs
  • Rehabilitation and therapy costs
  • Physical pain and trauma endured because of the injuries
  • Lost wages, applicable if a parent loses employment or work hours are reduced in order to care for the injured infant
  • Emotional pain and anxiety
  • Costs of special education and in-home care
  • Punitive damages”
Lawyer doing consultation with client.

Finding an Experienced Birth Injury Lawyer

While you can choose the more traditional way of searching, for instance, the Yellow Pages and word-of-mouth via friends and family, a recently study conducted by Google indicates that most people searching for a lawyer are now choosing the Internet increasingly.

With readily-available testimonies, reviews, fields of practice, as well as the ability to check a lawyer’s past infractions, by simply performing a search online, it is now more widespread to find experienced lawyers by going online.

However, remember that after narrow down your picks, you will have to interview every birth injury lawyer to make certain that there will be a secure working relationship between both of you. While everything may appear wonderful on the internet, you still have to ensure you are comfortable with whichever lawyer you choose.

You must always feel relaxed and have no issues asking any queries you may have regarding your case.

How a Birth Injury Lawyer Do Can Help

If you think you or your child were injured because of medical negligence, a birth injury attorney will first establish if you have a case.  Usually, they begin by reviewing your case information carefully to guarantee your case is valid. To aid the process to move faster, be sure to bring in medical documents or anything else you have that will help your case.

Afterward, an experienced attorney starts the pre-litigation process in which they will gather further documents, evidence, expert list, and a witness, and go through the extra intricate details in a birth injury claim. During this time, it is not rare for a lawyer to propose an amount to the defense, but it is not always certain that they’ll agree to settle. You and the defendant should settle for the amount.

If the settlement is unable to be reached, the litigation stage of your case starts, in which your lawyer will legally file a complaint against the responsible party in civil court. As soon as the complaint is submitted, the defense has a fixed amount of time to answer formally. The discovery period of the case frequently begins during this time.

The defense is entitled to see the witness list, the evidence, and any other vital information that’s been collected by your lawyer.