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Brain Injury Lawyers Handle A Variety Of Cases

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By Author: James Wilkens
Total Articles: 20
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Brain injury can result from traumatic and non-traumatic means, but regardless of the cause moderate to severe brain damage results in often lifelong need for medical care, inability to work and live a normal life. Expert lawyers understand the complexity of brain injury litigation and the need for substantial recovery for the victims. Listed below are some cases they handle:
1. Auto accidents
Vehicular accidents account for majority of traumatic brain injury cases. These take place when the victim fails to wear a seat belt and is thrown through a windshield due to impact, or when the vehicle rolls over. Accidents involving large SUVs, buses and tractor trailers also tend to lead to more serious injuries to the victims. Finally, pedestrians, bicyclists and motorcyclists remain vulnerable to impact with speeding cars, drunk drivers and drivers not paying attention. A brain injury lawsuit arising out of vehicular accidents often involves serious head injuries, which result in victim becoming permanently or partially disabled.
2. Cerebral palsy
Injuries to infants sustained ...
... when they experience oxygen deprivation during labor and delivery may result in a medical malpractice lawsuit against the obstetrician and the hospital staff. The doctor in charge of infan’ts delivery is supposed to monitor the mother’s and baby’s vital signs to make sure there are no signs of distress. When the baby is large, and there may be an issue of whether he’d fit easily through the birth canal, it is often prudent to perform a c-section to deliver the baby safely and make sure he does not suffer injury due to lack of oxygen. A Professional attorney trying these types of cases against the doctor or hospital will need to produce an expert witness who’ll testify about when, how and why the brain injury occurred, and what could have been done differently to avoid the bad result.
3. Failure to diagnose a disease
Professional lawyers also represent plaintiffs injured as the result of medical provider’s failure to diagnose a disease, leading to brain injury. Common examples are failure to diagnose meningitis in children, where undetected infection can lead to hydrocephalus, and pressure to the head, causing injury. In adults, it’s the failure to diagnose a heart attack or concussion that can result in brain damage. Resultant lawsuit against the liable medical provider must take into account not only past but future medical expenses. It must also count loss of enjoyment of life and loss of future income for the victim. The plaintiff’s attorney must make a determination on what amount of recovery will justly compensate the client for his injuries.
4. Hospital negligence
Failure to restrain a patient, pursuant to doctor’s orders, causing the patient to fall and hit his head, prescribing wrong medication that will affect the person’s balance or gait, falls from transport beds or wheelchairs and other acts of negligence by the hospital staff can lead to brain injury suffered by the patients and expose the hospital to liability.
Expert lawyers dealing with hospital mistakes and omissions in their course of business are in the best position to review the hospital record to see if it’s liable for their client’s injuries.


If you or someone you know has been the victim of brain injury, it is in your best interest to call a qualified New York malpractice lawyer right away. At Duffy and Duffy - brain injury attorney , our brain injury lawyers have the experience to help families whose child has been the victim of brain injury.

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