A recent online article notes that health care professionals are “not always liable for all the harms a patient experiences,” which is certainly true.
And that reality can make it difficult sometimes for plaintiffs to prevail in medical malpractice cases, given the high proof threshold involved. A litigant must convince a judge or jury that third-party negligence played a directly contributing role in causing an injury and that such injury resulted in material personal harm to a patient.
In other words, things can get complex, and a malpractice plaintiff will also certainly confront stark denial and a strong defense from any defendant and his or her insurance carrier.
Which makes the following advice eminently sensible. The article flatly states that, “If you think you’re a victim of medical malpractice, you should consult with an attorney.”
And that recommendation can be especially well considered when a head injury is involved, given the complexity of the brain and the fact that some traumatic brain injuries are not readily apparent and take time to fully manifest themselves.
The aforementioned media piece notes that the medical malpractice-related sources of brain injury are myriad and encompassing.
In one instance, for example, brain trauma can be realized when an obstetrician or delivery team makes a mistake during an infant’s birth. In another case, an anesthesia error during surgery can stop the flow of oxygen to the brain and bring about dire — and lasting — consequences. Misdiagnosis can fail to reveal a significant brain injury and, moreover, allow it to worsen. Medication mistakes can result in seizures, strokes and other conditions that result in serious trauma.
Oftentimes, these things aren’t readily ascertainable and need to be discovered through practiced and methodical investigation.
As the above article notes, if you suspect that medical malpractice caused personal injuries for you or a loved one, “don’t hesitate to contact an attorney.”