Traumatic Brain Injury
Traumatic brain injuries (TBIs) are caused by a sudden blow to the head. If a doctor fails to adequately treat a TBI and you suffer further brain damage as a result, contact one of our medical malpractice attorneys who can help you take legal action.
Brain Injuries During Birth
A serious injury to the brain may have lifelong, devastating consequences, particularly for an infant. Our malpractice lawyers frequently see brain injuries caused by errors in the labor and delivery room. If the infant is hurt, does not receive enough oxygen, or is injured by an instrument such as forceps or a vacuum, serious brain injuries could result:
- Hypoxic ischemic encephalopathy
- Subdural hemorrhage
- Subarachnoid hemorrhage
- Epidural hemorrhage
Determining Negligence as the Basis of Medical Malpractice Claims
Whether or not an injury qualifies as a viable medical malpractice case revolves around the likelihood of negligence being proven. In order for a lawsuit to be successful, you must be able to prove that a healthcare provider acted with a level of negligence that directly caused your injury. In general, there are four criteria used to establish negligence in a brain injury case:
- DUTY OF CARE. A successful claim requires the patient to prove that the defendant healthcare provider owed a duty of care to the patient. Simply put, one must show that there was a doctor-patient relationship at the time of the event. If a healthcare provider takes on the responsibility to render care, that will suffice to establish the relationship and impose a duty of care.
- STANDARD OF CARE. Healthcare providers must provide reasonable care to their patients. Known as “the standards of care,” this duty obligates them to act as a reasonably prudent practitioner would under the same or similar circumstances. If a doctor fails to meet the standards of care, that failure constitutes negligence and malpractice.
- DIRECT AND PROXIMATE CAUSE. Proving duty and breach of the standards of care are only the first 2 elements needed to prove a meritorious claim. Patients must also prove that the negligence actually caused or contributed to the brain injury. That means the injury didn’t occur from a naturally occurring or preexisting condition or from some known and recognized risk or complication of treatment even in the absence of negligence.
- HARM. A successful malpractice claim for brain injury also requires proof of all claimable damages. These include past, present, and future economic loss such as medical bills, lost time from employment and lost household services. Additionally, the claim should include non-economic damages, often referred to as “pain and suffering.” These include physical pain, emotional damage, fear anxiety, loss of enjoyment of life and all impacts that brain injury causes in addition to economic loss.
An Experienced Brain Injury Lawyer in Baltimore and Washington D.C. is Ready to Take Your Call
If you or a family member has suffered a brain injury that meets the above criteria, you are entitled to financial compensation for lost wages, medical bills, physical pain, and emotional distress. The key to a successful litigation is finding a Baltimore or medical malpractice attorney experienced in brain injury cases. Since 1984, the legal team at Schochor and Staton, P.A. has had many successful brain injury litigations under their belt and are here to help. Call 410-234-1000 today to speak with one of our attorneys. We compassionately review your case, guide you in collecting the needed documentation and litigate on your behalf. There is no need to suffer alone.