Medical malpractice happens when one receives negligent medical care. Legal consequences for medical malpractice were first addressed under the reform of tort legislation in the 1970s. Ultimately, these legislative revisions were enacted to ensure providers of healthcare carried sufficient liability insurance coverage.
Under Virginia law, medical malpractice is defined as –
- A tort (or wrong civil) action, or
- A breach of contract in which a patient experiences damages (physical or otherwise) resulting from a healthcare provider’s negligence.
If you or a loved one recently sustained an injury related to a medical procedure in the Old Dominion state, a Virginia brain injury attorney is the first step towards seeking the compensation the victim deserves.
When is a Brain Injury Considered the Result of Malpractice?
Brain injuries include some of the most harmful and devastating medical malpractice outcomes. Brain injuries that may be caused by medical malpractice vary widely – from mild cognitive or physical issues to a vegetative state and, at times, even death.
Victims of medical malpractice that remain aware after a brain injury often find significant and intolerable changes to their lives.
Examples of Medical Malpractice Brain Injuries
Medical malpractice usually causes a lack of sufficient oxygen to the brain. This is different than a brain injury resulting from trauma. Brain injuries may happen due to –
- An Anesthesia Error
- A Birth Injury or Allowing Kernicterus to Occur in A Newborn
- Medication Errors
- A Misdiagnosis of a Heart Attack or a Stroke
- Intubation Negligence (Airway Management Errors)
- Untreated Brain Infections
- Bacterial Meningitis
- Rubella, etc.
- Cerebral Palsy – refers to a group or set of conditions that impact an individual’s ability to coordinate and maintain body movement. Cerebral palsy can happen before, during, or after childbirth by
- Failing to Treat/Prevent an Infection in the mother
- Failing to Recommend a timely C-section
- Failing to use appropriate tools during delivery
- A failure to Respond to Fetal Heart Abnormalities or RH Incompatibility
What is a Medical Malpractice Secondary Brain Injury?
Misdiagnosed brain injuries have the potential to cause additional and more serious injuries. They can even be fatal. Because someone with a brain injury may be dizzy or have a change to their coordination, they are at a higher risk.
Second Impact Syndrome (SIS)
SIS is a condition that happens when someone receives a second concussion before the symptoms of the first trauma have subsided. A SIS event results in rapid swelling in the brain and may cause permanent injury or death.
SIS is rare but often causes devastating results. The impact of the 2nd concussion does not even have to be significant. Even a minor hit that snaps the head can trigger a brain injury.
Compensation For Brain Injuries Caused by Medical Malpractice
Brain injuries often result in abrupt emotional, financial, and physical adversity for those impacted directly, as well as their families/caretakers. And while this sudden mayhem may make it challenging to focus on the legal help you need, the reality is that Virginia law limits the time you take legal action – which for most medical malpractice lawsuits is two years.
Compensation for medical malpractice claims may include –
- Current/Future Medical Expenses.
- Long-term Disability Expenses (if the situation warrants).
- Pain & Suffering.
- Current/Future Loss of Wages.
- The Loss of Enjoyment/Companionship.
- Burial Expenses.
Take advantage of a seasoned attorney’s skills and knowledge, as they can help victims of preventable brain injuries obtain fair compensation for injuries and damages.