There may be a long, expensive, and traumatizing road that a victim of a brain damage will have to tolerate after the fact. The saddest aspect of it all is that many of these brain damages that are endured by a victim were caused by another negligent and or, reckless individual or entity. When this occurs, the individual was owed a duty of care that was breached. When another person breaches that duty of care, the consequences can result in the injury of an innocent person. A different degree of care is needed depending on the relationship that the victim has with the negligent person. In the case of a doctor-patient relationship, the doctor owes their patient an above standard duty of care, known as the standard of care in medicine.
If a medical practitioner violates this duty of care, their patient is the one who will suffer the repercussions, which would be known as a medical malpractice. Any type of brain damage can leave long-lasting effects, which many victims never fully recuperate from. Professional lawyers in the field of medical malpractice in Orlando have seen extensive cases involving medical errors that led to brain damage. Unfortunately, the victim is never the same again. The trauma sometimes consumes them, which is a factor that the firm of Brain Damage attorneys of Percy Martinez Law Firm try to eliminate with the compassion that they exhibit.
A brain damage through a medical malpractice can surge due to a number of reasons. In addition, many different health practitioners can be the source of the brain damage. Important assessments are needed when filing a litigation for a medical malpractice our lawyer will hold those responsible for the brain damage suffered and learn why it took place. Victims of medical malpractice need to know that they have rights and they can exercise those rights with the aid of a qualified attorney for brain damage due to medical negligence.
What are the fundamentals for a brain damage lawsuit?
Being a victim of such a traumatic event is difficult. Maybe the victim does not even think about filing a lawsuit until they have seen the amount of emotional, physical, and even financial burdens that their injury has caused. In fact, they might not even know they are victims of a medical malpractice. For this reason, even in doubt, it is better to contact a legal counsel who is experienced in that field of law because if the victim went in to receive health care and came in a worse state, then they most likely were victims of a medical negligence. A move that must be taken after falling victim of a malpractice is filing the corresponding lawsuit as soon as possible. Here are the fundamentals involved with filing a lawsuit for brain damage medical malpractice:
Care that the person is responsible for: This is also known as the “duty of care”. In medicine, this is coined as “standard of care”. It is the set standard that has been adopted by all professionals in the medical field that must be followed to ensure the adequate treatment and care of every patient.
Responsibility of that care being violated: When a medical negligence occurs, that duty of care has just be broken, resulting in the injury.
Connection: The injury that was sustained by the patient must have been directly connected to the health care provider’s negligence.
Reimbursable injury: The victim does not only need to endure an injury, they need to sustain an injury that caused them reimbursable harms. In other words, the victim must have suffered damages that the patient can recover like noneconomic and economic.
In order to file a brain damage lawsuit in Orlando, the above fundamentals must be present in the case.
How Will a Medical Expert Help My Case for Brain Damage?
Medical malpractice falls in the category of personal injury but is one of the more complex areas of this law. Medical experts are mandated when a victim is filing a claim for medical negligence. Because the jargons of medical malpractice are not understood by the vast majority of people, medical experts are used to help those who do not understand, comprehend the language clearer. Percy Martinez Law Firm uses the help of skilled medical experts in order to make the case for their clients more viable. Some ways a medical expert can help include:
- Analyze medical archives
- Determine that the standard of care was breached
- Help jurors and judge understand complex medical jargons
- Show how the injury could have been prevented
The outcome of a case is often unexpected, but with the help of medical experts, the Orlando firm of medical malpractice lawyers have successfully held medical professionals liable for the harm that they created.
Various Forms of Medical Negligence That Can Cause Brain Damage
Negligence that occurs during the practice of medicine can occur in many forms. The field of medical malpractice is extremely extensive that it may seem endless to write about. In particular, brain damage surfaces due to the following medical negligences:
Negligence during a surgical procedure: While a surgery may be elective like plastic surgery, some surgeries are required for the individual to continue living a healthy or better life. There is an element of risk involved in every surgical procedure, despite how routine it may be. Any tiny error that is performed during a surgical procedure can leave the patient with brain damage. For example, the breathing tube assisting the patient to breathe that is incorrectly placed, restricting the patient from receiving oxygen to their brain. This lack of oxygen can leave them with brain damage.
Anesthetic drugs being incorrectly managed: Anesthesia is a powerful drug used in almost all surgeries. While it is needed to proceed with the operation, if not properly administer, it can pose a great threat to the patient. Being given too much or too little can leave the patient with a number of damages, including brain damage. In addition, the anesthesiologists have to ensure that the vital signs of the patient are being closely monitored while under the effects of this drug.
Inadequate prenatal care: The stage during a woman’s pregnancy, known as prenatal care, is a vital period. This is the time where an infant is developing. Severe brain injuries like cerebral palsy can surface when adequate care has not been provided during the birthing phase and the prenatal phase of the expectant mother.
Pharmaceutical drug mistakes: A mishap committed with a medication can affect the whole body of a person, including their brain. A brain can sustain injuries from the side effects of improperly used, overused, and wrongfully used medication.
Misdiagnosis: Many patients have gone in and have left without ever knowing what they have. Regretfully, this happens a lot. Misdiagnosis is becoming an issue in the medical field. Patients must suffer the consequences of the misdiagnosis. In this case, many individuals who suffer concussions are often released early and doctors fail to note the recurring effects of brain trauma, especially in sports players. They often misdiagnose them with a concussion when in fact they have more severe brain damage.
Brain Damage FAQS in Orlando
Question: Brain damage affects how many people currently?
Answer: There are about 1.7 million people who suffer from brain damage every year. Out of that number, 52,000 will die, 275,000 will be hospitalized, while 125,000 will stay permanently disabled due to the damage.
Question: Why does brain damage tend to occur with respect to health care?
Answer: With respect to medicine, brain damage can happen due to a wide range of medical negligence’s, including not monitoring the distress signs of the unborn child, not properly diagnosing a medical condition, providing the patient with the wrong dosage to take their medication, and more.
Question: What are some hindrances that victims of brain damage experience?
Answer: Brain damage poses strains on every aspect of the victim’s life including their emotional state, their social life, their physical capacities, and their financial funds.
Question: Is it difficult to recover after sustaining brain damage?
Answer: No brain damage should be taken lightly. Recovery will depend on how severe the brain damage is. The milder it is, the less time the victim will need to recover and vice-versa. Even then, there will still be changes experienced by the individual if they do recover. In severe cases, the patient may never recover from the damage.
Orlando Litigators for Brain Damage Malpractice
While the brain is protected by the skull, damage to the brain can be deadly. The brain is so sensitive to any little harm, including harms that do not directly hit the head like medication errors. A lawyer of medical negligence at our firm can aid our clients who suffered brain damage attempt to regain some normalcy in their lives. They will hold the negligent medical practitioners in Orlando guilty of medical malpractice. The firm of malpractice lawyers is available at any time for their clients, no matter how late it is.
Find us here
Percy Martinez Law Office
Address: 37 N Orange Ave #533, Orlando, FL 32801
Available 24/7: (407) 926-6608