Medical Malpractice and Brain Injuries: Trauma, Stroke, and Tumor

Some of the most prevalent causes of brain injuries are trauma, stroke, and tumor. Each of these injuries or diseases affecting a brain injury patient causes different and sometimes difficult to detect symptoms. 

Whatever the cause of the injury, however, a physician may be held liable for medical malpractice if they fail to treat the patient in a timely manner and in accordance with the standard of care. 

Traumatic Brain Injury?

A traumatic brain injury, or TBI, affects how the brain functions. Traumatic brain injury usually results from a violent blow or jolt to the head or body. An object that goes through brain tissue, such as a bullet or shattered piece of skull, also can cause traumatic brain injury.

Mild traumatic brain injury may affect your brain cells temporarily. More-serious traumatic brain injury can result in bruising, torn tissues, bleeding and other physical damage to the brain. These injuries can result in long-term complications or death.

Brain Injury Caused by Stroke?

When something blocks part or all of the blood supply to an area of the brain, or a vessel in the brain bursts, it is called a stroke. In any case, parts of the brain may become damaged or die should a blockage occur. 

A stroke, if not treated quickly, can cause lasting and profound brain damage as well as long term disability or even death.

Brain Injury Caused by Tumor?

Brain tumors occur when normal cells begin to mutate. Tumors can grow at varying rates and can be either cancerous or malignant, or non-cancerous or benign. 

When these tumors begin to grow, they can cause pressure inside the skull to increase. This increase in pressure can lead to brain damage.

What are Diagnostic Errors?

Regardless of whether or not the brain injury was caused by trauma, stroke or tumor, if a physician failed to diagnose or treat the injury, there may be recourse for an injured patient with a medical malpractice case. 

A diagnostic error can be defined as a diagnosis that is missed, wrong, or delayed, as detected by some subsequent definitive test or finding. The ensuing harm results from the delay or failure to treat a condition present when the working diagnosis was wrong or unknown, or from treatment provided for a condition not actually present.

Long Term Consequences of Brain Injuries

Some brain injury victims who experience cognitive impairments have issues returning to previous lifestyles in the same capacity. Because of this the plaintiff may seek compensation for the medical expenses, physical therapy, long-term care, and the medication it may take to treat ongoing symptoms.

Unfortunately, some brain injury victims are unable to return to work at all due to the extent and severity of their injury. In this instance, the negligent physician may be liable for the plaintiff’s loss of future wages and earning capacity, known as economic damages. 

Physician Negligence in Treating Brain Injuries?

A brain injury can cause lasting damage that an injured patient may never fully recover from. Moreover, it can take many years of expensive and intensive treatment such as psychiatry, or even brain surgery, to treat cognitive impairments and/or physical manifestations of an injury. 

Because a brain injury can severely impact a patient, the added injury of a negligent physician can drastically change the quality of life of the person. In these cases there may be recourse through a medical malpractice case.