Maryland, Virginia & Washington, D.C. Brain Damage Lawyers
Fighting for Victims of Medical Negligence Resulting in Brain Damage
Brain injuries are known for their potential to cause profound and life-altering setbacks in the lives of victims and their loved ones. And while we tend to associate these injuries with trauma sustained in events like car accidents, they can also result from trauma and oxygen deprivation that occurs in medical settings – sometimes because physicians, nurses, and other medical professionals were negligent.
If you or someone you love suffered brain damage due to a medical provider’s negligence, you may have grounds to pursue a medical malpractice lawsuit and a financial recovery of your damages.
Portner & Shure, P.A. is an award-winning trial practice known for litigating high stakes medical malpractice lawsuits in courts across the DMV. Backed by decades of experience, we’ve helped clients recover more than $400 million in compensation, and have the resources to help brain damage victims fight for the justice they deserve.
How Medical Negligence Can Cause Brain Damage
Brain damage resulting from medical negligence is an acquired brain injury, meaning it is not hereditary or congenital, but rather caused by some type of trauma. This can include the following types of events:
- Hypoxia. Hypoxic brain injuries are caused by an inadequate supply of oxygen to the brain. Hypoxia can be caused by cardiac arrest, stroke, and other medical events or complications, and its potential for lasting brain damage can be elevated when providers fail to promptly intervene.
- Anoxia. Anoxic brain injuries are those that are caused by a complete loss of oxygen to the brain, often after a period of reduced oxygenation (hypoxia). Anoxic brain injuries typically result in profound brain damage and lasting disabilities, if not death.
- Trauma. Traumatic brain injuries result from trauma to the brain. While we tend to associate TBIs with blunt-force impacts that occur in car accidents, falls, or even sports, they can also occur in medical settings due to surgical errors or birth trauma during labor and delivery.
Our brain damage attorneys at Portner & Shure, P.A. represent victims who suffered hypoxic, anoxic, and traumatic brain injuries in a variety of medical settings. When handling these cases, we spend considerable time investigating whether a medical provider failed to meet the applicable standard of care when treating a patient and how this substandard care caused or contributed to brain damage.
While there are many ways medical negligence can cause brain damage, some common examples include:
- Birth injuries caused by failure to perform an emergency C-section, identify signs of fetal distress during labor and delivery, timely intervene in the event of complications, and other errors.
- Trauma during medical procedures, including head trauma during labor and delivery caused by forceps or vacuums.
- Failures to diagnose stroke or cardiac arrest and/or timely intervene.
- Anesthesia errors resulting in oxygen deprivation.
- Medication overdoses and other medication errors.
- Intubation errors or failures to monitor intubated patients.
- Surgical errors involving lacerations and other trauma.
Who is Liable for Brain Damage?
The goal of any medical malpractice case involving victims who suffer brain damage is to hold the at-fault party financially responsible (liable) for damages. Of course, liable parties differ from case to case depending on the specific facts involved, and an evaluation by our lawyers can help you better gauge who may bear responsibility for your losses.
Generally, there are some examples of parties that can be held liable for brain damage that occurs in medical settings. Examples include:
- Gynecologists and medical practitioners responsible for birth injuries involving babies born with brain damage.
- Anesthesiologists, Certified Registered Nurse Anesthetists (CRNAs), and other providers who cause brain damage due to anesthesia negligence.
- Hospitals or medical practices that employed negligent providers or bear responsibility for errors that contributed to patients suffering brain damage.
- Manufacturers of defective equipment or drugs that caused brain injuries.
Do I Have a Case?
You may have grounds to pursue a brain damage lawsuit if:
- You or a loved one were being treated by a medical professional with whom you had an established patient-provider relationship;
- The provider was negligent / failed to meet the accepted standard of care; and
- The provider’s substandard care caused brain damage and resulting losses.
It can be difficult to determine when a provider’s actions rises to the level of malpractice, which is why it is important for victims with potential cases to seek counsel from experienced and qualified attorneys.
At Portner & Shure, P.A., we leverage extensive experience litigating malpractice and birth injury claims to help families evaluate whether they have grounds to take legal action. We also utilize our network of professional connections with medical experts to obtain their insight and professional opinions about key issues such as quality of care, injury severity, and expected outcomes. These resources allow us to construct the strongest possible claims and seek the compensation our clients deserve.
If you would like a case-specific evaluation of your potential claim, we offer FREE and confidential consultations to help you get started.
Recoverable Damages in Brain Damage Malpractice Suits
Medical malpractice lawsuits are powerful instruments of justice that can hold medical providers accountable for negligence and financially responsible for the damages suffered by victims.
While every case is unique, and the value of a claim dependent on the facts involved, some examples of damages victims and families can recover include:
- Pain and suffering
- Medical expenses
- Future medical care
- Lost earnings and future income
- Emotional anguish
- Loss of emotional and financial support
- Other economic and non-economic losses
Medical malpractice cases involving brain damage demand the insight of experienced attorneys, as victims and families often incur extensive losses and the potential for considerable future losses that persist for years or decades to come. This includes the need for specialized care, accommodations, and medical treatment, as well as the nearly incalculable emotional toll inherent to a life-altering disability.
As a result, medical malpractice insurance carriers tend to view brain damage claims as major threats to their bottom line and will employ a variety of tactics in their attempts to dispute, delay, and underpay victims.
To overcome these types of challenges, victims can work with experienced attorneys who have the resources to fight back and level the playing field with powerful corporations and insurance carriers. Having qualified malpractice lawyers on your side can also ensure that your past and future losses are accurately accounted for, and that you are positioned to recover the maximum compensation possible.
Examples of Our Results
Portner & Shure, P.A. has earned a reputation of success fighting for victims and families harmed by the negligence of others. Comprised of award-winning lawyers, we have recovered more than $400 million in verdicts and settlement, including millions of dollars for medical malpractice victims and families devastated by brain injuries caused by negligent medical providers.
Some examples of our results:
- $2.6 million settlement in a birth injury case against a Maryland Hospital involving a baby who suffered oxygen deprivation and brain damage resulting in cerebral palsy. Our attorneys alleged that both the hospital doctor and midwife negligently failed to monitor a pregnant mother and her baby following a placental rupture that occurred while she was admitted to the hospital.
- $990,000 settlement for the family of a mentally disabled minor who died after he removed his restraints and breathing tube. Our team was able to locate evidence that the attending nurse failed to adequately supervise the patient and stepped out of the room while he was unrestrained long enough for him to suffer an anoxic event that ultimately led to his death. We were also able to negotiate a more than 75% reduction of a substantial Medicare lien.
- $300,000 settlement in a medical malpractice case involving a pregnant mother who was negligently released and sent home by hospital staff after her water broke at 31 weeks, only to present to the hospital the following morning indicating no movement with the baby. Our team contended that had a sonogram been performed when the mother first presented to the hospital, the baby would have been delivered healthy.
Call For a FREE Consultation: (855) 954-4141
Brain damage can have profound and lasting repercussions for victims and their families, including a lifetime of emotional and financial losses.
At Portner & Shure, P.A., we take immense pride in helping families who come to us during some of the most difficult times in their lives. It’s why we prioritize personalized service to help them navigate this turbulence and leverage our experience and resources to position them for success – even when they face off against powerful entities and insurance carriers.
If you have questions about a potential medical malpractice case involving brain damage anywhere in Virginia, Maryland, or Washington, D.C., we want to help. Call (855) 954-4141 or contact us online to request a free case evaluation.
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