Frequently Asked Questions Of A Brain Injury Lawyer

By Author: Frank Torres
Total Articles: 26
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Brain injuries are suffered at a rate of approximately one million cases per year, through trauma alone. These are injuries suffered as the result of birth trauma, vehicular collisions, sports injuries, construction site accidents and over means. There is also non-traumatic brain injuries suffered through such means as carbon monoxide poisoning or lead poisoning. Brain injury lawyer handles many of the above described cases involving brain damage to children and adults. Here are some questions he is frequently asked in the course of his practice.

1. What are some less known symptoms of brain injury?

Head injuries resulting in concussion, mental retardation and amnesia are mostly commonly known results of a brain injury. However brain injury lawyers know that there are many less known, but just as dangerous symptoms that come from traumatic brain injury, and realizing what they are can be very important to getting early intervention and treatment. These include:

a. Visual disturbances
b. Hearing loss
c. Changes in smell and taste
d. Hormonal dysfunction
e. ...
... Cranial diabetes

2. How is brain injury caused during birth?

Typically improperly managed labor and delivery is the main cause of traumatic brain injury in newborns. Obstetrician in charge of delivering the child is charged with closely watching the fetus for any sign of fetal distress. It is vital for the fetus to receive adequate supply of oxygen for his brain to function properly. If problems arise, such as irregular heartbeat or umbilical cord compression on the neck, and they are not caught in time, the failure to monitor may result in brain damage to the infant. Brain injury lawsuit arising out of trauma to the infant caused during birth needs to prove that the damages to the infant did not arise from unrelated causes such as premature birth or mother’s diabetes, but came directly as the result of the doctor’s negligence.

3. Why is it so difficult to determine brain injury in a child?

Statistics show that children are more likely to sustain permanent brain damage than adults when equal force is involved or impact is similar. However, it is more difficult to measure the extent of the damage in a child, in case of mild to moderate brain injury since adults can be tested via I.Q. tests or other psychological criteria, while the children due to their young age may not be as easily tested by objective tests and methods. Furthermore, in children some neurological disability may not show up for many years and is difficult to detect until their frontal lobe function, such as social interaction, or reading and writing skills affected by other parts of the brain, come into play.

A brain injury lawyer will explain applicable statutes of limitation for starting a medical malpractice lawsuit against a negligent doctor that caused the brain injury. Typically, children enjoy a tolling of this statute, meaning that the brain injury lawsuit may be started later than for adult. This of course takes into the account the difficulty in diagnosing a brain injury in a child and the legislature has taken appropriate steps to make sure the interests of the child are not lost due to severe time limitations.

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.