Cases involving brain injury are among the most challenging issues to resolve simply because brain injuries are not visible, especially when medical negligence is involved. Unfortunately, brain injuries complicate the lives of both the injured person and loved ones. As a result, most people consult a Bakersfield brain injury attorney to help their loved ones get justice.
In the medical industry, the code of conduct is how medical practitioners are guided. According to the principle of conduct, medical negligence is considered gross misconduct. Medics understand that the consequences of gross misconduct can render them jobless, and that’s why they deny medical negligence complaints raised by patients. The good thing is that a Bakersfield’s brain injury attorney can help to obtain the justice deserved during this challenging time.
Types of Medical Negligence-Related Brain Injuries
The brain is a critical organ in the body because it controls and regulates various body functions, such as breathing, mobility, thinking, and much more. The common types of brain injuries resulting from medical negligence include:
- Traumatic Brain Injury (TBI)
Traumatic brain injuries are the most common and take a long time to heal. Sudden, violent bumps or jolts cause traumatic brain injuries to the head. TBIs occur when blunt objects hit the skull or sharp objects pierce through the skull and reach the brain tissue. A doctor might accidentally injure a patient while performing head surgery, but the problem is refusing to accept responsibility for the mistake. Not taking responsibility can potentially set the doctor up for legal action. On the other hand, recovering damages facilitates rehabilitation and provision of standard care to brain injury victims.
- Acquired Brain Injury (ABI)
Acquired brain injuries often occur during birth, but they can also be caused by a brain hemorrhage, heavy blows, infections, tumors, stroke, oxygen deficiency, Etc. In addition, ABI patients experience migraines, loss of memory, and fatigue. I’m sure you’ve heard of cases where a negligent midwife was sued for mishandling women during birth, thus injuring a newborn’s brain.
- Hypoxic Brain Injury (HBI)
Hypoxic brain injury is caused by lacking oxygen in the brain. Lack of oxygen in the brain causes gradual impairment because the brain cells die every second. A patient can be deprived of oxygen carelessly when specific procedures are performed on them. Hypoxic brain injuries cause temporary or permanent brain impairment, depending on the severity of the damages. Therefore, victims of HBI should file a brain injury claim against the negligent doctor or their medical facility’s employer.
Prerequisites for Filing a Brain Injury Claim
Wondering if you qualify to be compensated for a brain injury? Individuals are eligible for brain injury compensation if:
- The expected standard of care provided was below par. In other words, the doctor breached their duty of care.
- The brain injury resulted from the negligent acts of a doctor or medical facility
- You are within the provision of statutes of limitations.
If you or a loved one is a brain injury victim because of medical negligence, you should immediately consult a brain injury attorney to assist you in obtaining justice.