Brain injuries are caused by many different types of events: falling; car accidents; sporting accidents and collisions; and even alcohol or drug abuse. Serious brain injuries can also be caused by the negligence of a doctor.
Brain injuries occur when an external force and or factor causes the brain to suffer impairment. The impairment can be temporary or it can be permanent. Experienced Kingston, New York medical malpractice attorneys have seen serious brain injuries happen when medical professionals negligently deliver a baby and or when pre-natal care was improper. Mistakes during brain surgery are another cause of brain injury. Anesthesia mistakes have caused brain injury. Even cases in which doctors fail to properly diagnose a patient have led to brain injury.
When does a doctor’s mistake amount to medical malpractice? This is a good question, especially because mistakes happen all the time but they do not always rise to the level of malpractice. The simplest way to describe it is like this: the court compares the actions of the offending doctor to another doctor practicing the same type of medicine in the same community. If the other doctor would not have done what the offending doctor had done, then the offending doctor can be held accountable for medical malpractice.
But that is not all. The patient must have suffered an injury that gave rise to some sort of damages. Consider brain surgery conducted to remove a brain tumor. Say the surgeon removed the tumor but also accidentally removed a significant amount of additional brain matter that should not have been removed. If another brain surgeon in the area would not have done that, the offending doctor has probably breached his or her standard of care to the patient.
The injury in this hypothetical may very well cause significant brain injuries such as lost cognitive functioning, lost vision, hearing, loss of motor control, just to name a few of the possibilities. And these types of injuries will certainly give rise to damages. Remember, without damages there can be no compensation for the victim.
A mistake like that described above will take months and even years to recover from, if recovery can be had at all. This means that the injured patient will not be able to work and earn wages. Medical bills will mount. Rehabilitation costs will be incurred too. Moreover, the victim may not ever be able to recover and earn the type of income he or she once did. The pain and suffering due to the medical malpractice may endure indefinitely.
All of these things are the type of damages from which the injured patient can claim as the basis for compensation.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.