Many people sustain traumatic brain injuries (TBIs) from a catastrophic accident or a traumatic blow to the head. Sadly, these are not the only causes of brain injuries. Some TBIs are a direct result of medical malpractice — there are, unfortunately, cases in which surgeons caused brain injuries.
If you or a loved one has sustained a brain injury at the hands of a medical professional, it is imperative to have a trusted legal representative advocating for your legal rights. You need a lawyer on your side who has experience in representing TBI victims, is knowledgeable in your state’s medical malpractice laws, and understands how a brain injury can affect victims and their entire families.
At Phillips Law Group, we have almost 30 years of experience in handling brain injury and other medical malpractice claims. Over the years, we have helped our clients recover millions of dollars in compensation, and we want to do the same for you if you have a TBI case in which surgeons caused brain injuries.
Contact Phillips Law Group to schedule a free, no-obligation case review today.
Consent to Surgery
There are risks involved in any surgery, even when undergoing a minor procedure. No surgeon should ever tell a patient that a procedure is risk-free. It is a legal requirement for a surgeon to thoroughly explain potential risks to all patients before they agree to undergo an operation. Knowing the risks and benefits of undergoing surgery allows a patient to make an informed decision regarding his or her health and welfare.
If you or a loved one was not properly warned about the potential risks of a surgical procedure and has suffered a brain injury as a result, do not hesitate to contact an attorney with Phillips Law Group today. Our law firm can investigate the incident and determine whether you have a right to financial compensation for damages following a cause where your surgeons caused brain injuries.
How Surgeons Can Cause Brain Injury
It is devastating when the very doctors who are charged with healing us are the ones who end up harming us due to negligence or insufficient skills. Most surgical brain injuries are caused by insufficient oxygen supply to the brain. An error or unexpected event during surgery can cause the brain to become deprived of oxygen.
The brain requires oxygen and nutrients to function properly. Within minutes of a lack of oxygen, cells in the brain begin to die. A lack of oxygen during surgery could be fatal or have a negative effect on a person’s speech, memory, mobility, or other functions.
Examples of medical malpractice that cause brain injury:
- Surgical accidents: Any preventable injury or complication that occurs during surgery is considered to be a surgical accident. There is a greater risk of brain injury when the brain is the organ being operated on. However, a brain injury can even occur when there are complications during a cardiac procedure and other types of surgery as well.
- Anesthesia errors: Many patients do not understand the risks of general anesthesia during surgery. If an anesthesiologist miscalculates the chemicals used or improperly monitors a patient under anesthesia, permanent brain damage can result.
- Missed diagnoses or misdiagnoses: Medical conditions such as brain bleeds, blood clots, high blood pressure, diabetes, and strokes can result in brain injuries if not properly diagnosed and treated.
- Birth injuries: Tragically, many brain injuries result when medical malpractice occurs during childbirth. For example, an infant may sustain a skull fracture from forceps or by vacuum-assisted birth. An insufficient supply of oxygen during labor or delivery can deprive a baby of the oxygen that it critically needs.
When Surgeons Caused Brain Injuries — How It Can Impact Your Life
Since the brain controls everything that happens within the body, damage to even a small area of the brain can have a major effect on a person’s life. The degree to which a patient’s life is changed by a surgical brain injury depends on the length of time he or she was deprived of oxygen – and the extent and nature of the injury.
A surgical brain injury can affect a person’s:
- Thinking ability: A surgical brain injury may affect a person’s concentration, memory, reasoning ability, and speech
- Physical health: The physical side effects of a surgical brain injury might include headaches, dizziness, blurred vision, nausea, sensitivity to light and sound, balance issues, and paralysis
- Emotional well-being: A brain injury victim may display behavioral changes such as depression, irritability, aggression, and anxiety
- Sleep schedule: A brain injury victim may sleep too much or have the opposite issue and be unable to easily fall or stay asleep
The Financial Impact of a Surgical Brain Injury
A brain injury can take a devastating toll on a family’s finances. A person who has sustained a brain injury may require ongoing medical treatments, round-the-clock care, cognitive and physical therapy, and assistance with daily living activities. Victims are also sometimes unable to return to work and provide for themselves.
Since the financial consequences of a surgery-related brain injury can be immense, it is important to have a lawyer on your side who can help you pursue financial compensation. You can be sure that the doctors, hospitals, and insurance companies responsible for the injuries are going to have their own legal team working to minimize the amount they have to payout. Thus, you need a medical malpractice lawyer on your side to advocate for your rights.
Once a person accepts a settlement offer from the insurance company or negligent party, they are unable to go back and pursue additional compensation. A brain injury lawyer will be able to accurately calculate the value of your claim and negotiate a just and fair recovery amount. If a settlement agreement cannot be reached, your lawyer will prepare for trial and present your case before a judge if needed.
Compensation Available to Brain Injury Victims
If you have sustained a brain injury as a result of surgical negligence, a medical malpractice attorney may be able to recover money for damages. In fact, you may be eligible to recover both economic and non-economic damages.
Recoverable economic damages may include:
- Past, present, and future medical expenses
- Lost wages
- Loss of future earning potential
- At-home nursing care
- Rehabilitative therapy
- Home-replacement services such as childcare services or cleaning services
Non-economic damages are not as easy to calculate, but may include compensation for:
- Pain and suffering
- Loss of enjoyment
- Loss of consortium
- Emotional anguish
- Mental distress
In some cases, a court may award punitive damages. While economic and non-economic damages are meant to compensate the victim, punitive damages are awarded to punish the defendant and deter others from acting in a similarly negligent manner.
Contact a Brain Injury Lawyer Today
If you or a loved one has suffered a brain injury during surgery, do not try to file a claim without the help of a personal injury lawyer. A skilled attorney can offer legal advice, defend your rights, and ensure that you are not financially taken advantage of by powerful hospitals, insurers, and their lawyers.
At Phillips Law Group, we have the skill, experience, and resources to aggressively take on these opposing parties. We will not back down until our clients recover the compensation they deserve, so you do not have to go through this difficult time alone. Our compassionate legal team will be there every step of the way.
To find out more about how a brain injury lawyer can help you and your family, contact us to schedule a free case review. Call us at 602-222-2222 or complete the free case evaluation form on this page.
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