Brain damage is among the most severe and life-altering consequences of medical malpractice. Many brain injuries that occur in a healthcare setting could have been avoided, though, and only occurred because the medical professionals responsible for protecting the patient’s health failed to adhere to the appropriate standards of care. If you or a loved one suffered brain damage caused by medical malpractice, it is critical to speak to an attorney regarding your rights and potential options for pursuing compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our dedicated Syracuse medical malpractice attorneys are fully aware of the devastating effects that brain injuries can have on individuals and their families, and if we present you, we will advocate aggressively on your behalf. We regularly help people pursue medical malpractice claims in Rochester, Syracuse, and cities throughout Upstate New York.
Common Causes of Brain Damage Caused by Medical MalpracticeBrain damage in a medical context can result from various negligent actions or omissions. Surgical errors, improper anesthesia administration, delayed diagnosis of stroke or other neurological conditions, and birth injuries are common causes of brain injuries. For instance, if a patient is deprived of oxygen during surgery, even for a brief period, it can lead to irreversible brain damage. Similarly, misdiagnosing or failing to treat infections that spread to the brain can cause severe harm. In cases of birth injuries, improper use of forceps or failure to monitor a baby's oxygen levels during labor can result in permanent brain damage, such as cerebral palsy. Regardless of the specific circumstances, the resulting harm is often catastrophic, affecting cognitive functions, mobility, and overall quality of life.
Seeking Compensation for Brain Damage Caused by Medical MalpracticeBrain damage caused by medical malpractice is usually the consequence of carelessness rather than an intent to harm. As such, to recover compensation for brain damage caused by medical malpractice, a plaintiff typically must establish the defendant’s negligence. Under New York law, to demonstrate negligence, a plaintiff must show that the defendant owed them a duty of care. Generally, the duty a medical professional owes a patient is to offer treatment that aligns with the standard of care, which is what is considered the accepted and good practice of medicine. Then, the plaintiff has to show that the defendant breached this duty by deviating from the accepted medical standard and that the breach ultimately caused the plaintiff’s brain injury.
Proving a defendant’s negligence often requires expert testimony both to explain the standard of care to the judge or jury and to prove that the medical professional's actions fell below the level of care expected.
A plaintiff may also engage additional experts, such as neurologists or neuropsychologists, to establish the extent and permanency of the brain damage. These professionals can provide detailed insights into the long-term impact of the injury, including the need for ongoing medical care, therapy, and rehabilitation.
Compensation Recoverable for Brain Damage Caused by Medical MalpracticeBrain injuries often require extensive and costly treatment, including surgeries, rehabilitation, and long-term care. Victims may also suffer from permanent cognitive or physical impairments that prevent them from returning to work. Under New York law, plaintiffs in medical malpractice cases can pursue compensation for both economic and non-economic damages. Economic damages may include the cost of medical treatment, future medical expenses, and lost income. Non-economic damages can consist of compensation for pain, emotional and mental distress, and suffering.
Consult a Knowledgeable Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkBrain damage caused by medical malpractice can impose a lifetime of challenges on both the victim and their family. If you or a loved one has suffered brain damage due to a healthcare provider’s negligence, it is crucial to speak with an attorney who understands the complexities of these cases to understand your options. The capable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers understand what it takes to prevail in claims against negligent healthcare providers, and if you engage our services, we will work tirelessly to help you seek the compensation available under the law. We often represent people in medical malpractice lawsuits in Syracuse and in Rochester, and throughout Upstate New York. To set up a confidential and free consultation, you can reach us through our online form or by calling us at 833-200-2000.