Brain injuries caused by healthcare negligence represent some of the most devastating medical malpractice cases. When medical errors cause or fail to prevent TBI, victims face both the consequences of brain damage and the challenge of proving complex medical causation.

Medical Errors Causing TBI

Birth Injuries

  • Oxygen deprivation – Failure to respond to fetal distress, delayed C-section
  • Traumatic delivery – Improper forceps or vacuum use
  • Failure to treat jaundice – Kernicterus causing brain damage
  • Medication errors – Wrong drugs or dosages during labor

Surgical Errors

  • Anesthesia mistakes – Oxygen deprivation during surgery
  • Neurosurgical errors – Direct damage during brain surgery
  • Positioning injuries – Restricted blood flow during long procedures
  • Post-operative negligence – Failure to monitor for complications

Diagnostic Failures

  • Missed stroke – Failure to diagnose and treat stroke promptly
  • Undiagnosed brain bleed – Missing hemorrhage after trauma
  • Delayed TBI diagnosis – Sending head injury patients home without evaluation
  • Misread imaging – Radiologists missing significant findings

Treatment Negligence

  • Medication errors – Wrong drugs causing brain damage or seizures
  • Failure to treat increased intracranial pressure
  • Delayed treatment – Not responding to deteriorating patients
  • Infection mismanagement – Meningitis or encephalitis complications

Proving Medical Malpractice TBI

These cases require proving:

  • The applicable standard of care
  • How the healthcare provider violated that standard
  • That the violation caused or worsened the brain injury
  • Specific damages resulting from the malpractice

Expert Requirements

Medical malpractice TBI cases require expert witnesses in both the relevant medical specialty and neurology/neuropsychology to address both the malpractice and the brain injury itself.

Challenges

  • Causation complexity – Defendants argue the brain injury would have occurred regardless
  • Pre-existing conditions – Separating malpractice damage from prior problems
  • Damage caps – Many states limit medical malpractice damages
  • Expert expenses – Multiple specialists required

Damages

Medical malpractice TBI damages include lifetime care costs, lost earnings, pain and suffering, and cognitive/emotional impairment—though caps may limit non-economic recovery in many states.

Conclusion

Medical malpractice TBI cases require attorneys with expertise in both brain injury litigation and medical malpractice law. These complex cases demand substantial resources but can provide significant compensation for victims of healthcare negligence.