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Pursuing Justice: Brain Injury Cases due to Medical Negligence

As many as one million Americans get injured and more than 250,000 die each year because of preventable medical errors, according to a recent study performed by Johns Hopkins. Other reports claim the number of preventable deaths to be as high as 440,000. If you or someone you love has suffered brain injury as a result of medical negligence or carelessness of the doctors or a hospital, the Law Offices of Glenn W. Cunningham can help you recover maximum compensation for your emotional and physical pain. 

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Do You Have a Medical Malpractice Claim for Your Brain Injury in Texas?

Many brain injuries including congenital brain injuries, TBIs, and ABIs are preventable. They usually occur because of an illness or accident. Based on this, lasting damage and severity can be mitigated with proper care. These are a few reasons that may cause a brain injury or make it worse because of medical malpractice:

  • Failure to adequately observe
  • Misdiagnosis
  • Failure to treat
  • Failure to diagnose complications, such as intracranial pressure
  • Lack of prompt treatment
  • Birth complications and injuries
  • Surgical complications, including stroke
  • Preventable infections and injuries

You should discuss your legal situation and options with a competent brain injury attorney in San Antonio to determine whether you have a viable lawsuit.

Common Causes of Brain Injury Related to Medical Malpractice

When you go to a doctor or hospital for treatment, you place your life in their hands and trust in their training and expertise. This fact is recognized by Texas law, which requires hospitals, doctors, nurses, and other health care professionals to be responsible and competent in following the national standards of care. You can file a medical malpractice lawsuit if the health care professional or facility failed to follow the rules. 

You can suffer brain injury in a medical setting because of the following:

  • Failure to maintain proper blood pressure during surgery
  • Stroke or cerebral vascular accident (CVA)
  • Post-surgery errors
  • Medication errors
  • Birth injuries, cerebral palsy
  • Anesthesia negligence, hypoxia
  • Intracerebral Hemorrhage (ICH)
  • Subarachnoid Hemorrhage (SAH)
  • Concussion
  • Closed head injury
  • Hydrocephalus

You should speak with a trusted and reputable medical malpractice attorney to learn more about your available legal options and the best way to move forward. The sooner you act, the better.

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Liability in a Brain Injury Related Medical Malpractice Claim

You may be able to pursue compensation and justice for your brain injury depending on the individual facts of your case. The compensation component in medical malpractice suits usually includes lost wages, cost of medical treatment, out-of-pocket costs, and pain and suffering. Your attorney, who has seen about every legal situation there is to encounter, will understand your case and gather the necessary evidence for preparing a strong lawsuit.

Typical liable parties in brain injury lawsuits include:

  • Doctor
  • Nurse
  • Another care provider
  • Hospital or clinic

It is important to know the difference between traumatic brain injury and brain damage. Acquired brain injuries and congenital brain injuries are more commonly related to medical malpractice claims. However, this doesn’t mean that medical malpractice cannot result in traumatic brain injuries. 

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Non-economic Damage Caps Apply to Medical Malpractice Lawsuits in Texas

You can cover the costs associated with your unexpected brain injury by filing a medical malpractice lawsuit. You can also help deter such unacceptable practice on the part of the health care professional or facility to prevent any future victims. Texas law allows obtaining economic, non-economic, and punitive losses by filing a medical malpractice lawsuit. 

However, in 2003, the Texas Legislature capped the amount of money that a victim of medical malpractice can recover for non-economic damages, such as pain and suffering, mental anguish, physical impairment, physical disfigurement, and loss of familial relationship or consortium. Under the Medical Malpractice and Tort Reform Act of 2003, the damage caps include:

  • $250,000: Non-economic damages cap against all health care providers (e.g., doctors);
  • $250,000: Non-economic damages cap against a single health care institution (e.g., a nursing home);
  • $250,000: Non-economic damages cap against a second health care institution (e.g., a hospital).

Therefore, in a “perfect storm” of medical malpractice – for example, a situation in which one or more doctors are negligent ($250,000) and two health care institutions are negligent ($250,000 x 2 = $500,000), it is theoretically possible for an injured patient to recover $750,000 in non-economic damages in Texas. Unfortunately, Glenn W. Cunningham has never seen, or even heard of, such a “perfect storm” of malpractice. In fact, it is rare for a case to even qualify for two non-economic damage caps. It takes a competent and experienced medical malpractice attorney to understand the individual details of a claim and hold the responsible parties accountable for the maximum allowable damages in Texas.

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Talk to a Skilled and Knowledgeable Medical Malpractice Attorney in Texas – Book Your Free Consultation Today

If you or a loved one suffered a brain injury because of the negligence of a health care provider, or if they failed to diagnose and treat your condition accurately, you may have a valid medical malpractice claim. Glenn W. Cunningham, a top brain injury lawyer in San Antonio, will take the necessary legal action to recover the financial compensation you are entitled to for your injuries and losses. 

Our San Antonio medical malpractice attorney has a strong record of settlements and verdicts in cases. Schedule your free and confidential consultation with Glenn W. Cunningham today. Call our office or write to us online. 

Client Testimonials

I can’t say enough good things about Glenn Cunningham and his firm.

He took my case and fought for me from day one. Glenn and his staff were professional and caring. They kept me updated on all aspects of my case. We were able to go to mediation and reach a settlement that was more than fair. I would recommend Glenn to any of my friends and family. I am beyond pleased with how my case was handled and ultimately settled.

D.M.

Glenn Cunningham is tough, smart, experienced.

A very deep heartfelt thank you to the whole team at the Law Offices of Glenn W. Cunningham. Glenn is tough, smart, experienced, and he will do everything in his power to make sure that you or your loved one get the best outcome possible from whatever personal tragedy you may be facing. He fought for me when no one else would. He will do the same for you.

A.K.

I am grateful to Glenn Cunningham for the hard work he did

I am very pleased with the legal services provided by Glenn Cunningham. He is very competent, knowledgeable, caring, personable, and professional. If you are seeking justice for medical malpractice or wrongful death, Glenn will fight for you. He is tenacious and assertive on behalf of his clients. He also keeps you informed of the status of your case on a regular basis.

J.O.

Glenn Cunningham knows his job well.

Glenn was amazing! Very knowledgeable, and Nicole, his secretary, is very helpful and knowledgeable as well. We never had a problem reaching someone at the office, and our questions were always answered promptly.

C.R.

This is by far the best attorney for your malpractice case.

I wanted to thank Mr. Cunningham and his staff for there amazing work and dedication to my case and fighting for me when I couldn't. They truly were amazing and always kept my family and I updated on everything that was happening.

K.V.
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Brain Injury FAQs

What defines medical malpractice in the context of brain injuries?

How can I demonstrate that medical negligence caused a brain injury?

What are some typical causes of brain injuries in medical settings?

Who can be held accountable for a brain injury caused by medical negligence?

What compensation can I pursue in a brain injury malpractice case?

What is the time limit for filing a brain injury malpractice claim in Texas?

Can medical malpractice-related brain injuries lead to permanent disabilities?

How can a brain injury lawyer assist me with my case?

Are there limits on the compensation I can receive for a brain injury in Texas?

What should I do if I believe my brain injury was caused by medical malpractice?

What defines medical malpractice in the context of brain injuries?

Brain injuries related to medical malpractice occur when a healthcare professional fails to provide the expected level of care, leading to significant harm or damage to the patient's brain. This could include misdiagnosing a condition, failing to treat a brain injury promptly, or making errors during surgery that lead to brain damage.

How can I demonstrate that medical negligence caused a brain injury?

To prove medical negligence, you must show that the healthcare provider's actions directly caused the brain injury. This typically requires expert testimony, medical records, and evidence that the care provided deviated from accepted medical practices.

What are some typical causes of brain injuries in medical settings?

Brain injuries in medical settings can result from various situations, such as anesthesia errors, improper monitoring during surgery, birth injuries, failure to treat strokes, or incorrect medication administration.

Who can be held accountable for a brain injury caused by medical negligence?

Any healthcare professional involved in the patient’s care, such as doctors, nurses, anesthesiologists, or the hospital itself, can be held responsible for a brain injury. Liability depends on the specifics of how the injury occurred.

What compensation can I pursue in a brain injury malpractice case?

Compensation may cover medical bills, lost wages, rehabilitation costs, and emotional distress. In cases of gross negligence, you might also seek punitive damages meant to penalize the responsible party.

What is the time limit for filing a brain injury malpractice claim in Texas?

In Texas, the general rule is that you must file a medical malpractice claim within two years of the incident that caused the injury. However, there are exceptions, so it’s important to consult with a lawyer quickly to protect your rights.

Can medical malpractice-related brain injuries lead to permanent disabilities?

Yes, brain injuries due to medical negligence can cause lasting disabilities, affecting everything from cognitive functions to physical abilities. The impact on a person's life can be profound and long-lasting.

How can a brain injury lawyer assist me with my case?

A brain injury lawyer can provide essential guidance, gather necessary evidence, and work with medical experts to build a strong case. Their goal is to ensure you receive the compensation and justice you deserve.

Are there limits on the compensation I can receive for a brain injury in Texas?

In medical malpractice cases, Texas law imposes caps on non-economic damages, like pain and suffering. However, with the right legal representation, you can work to maximize the compensation you receive.

What should I do if I believe my brain injury was caused by medical malpractice?

If you suspect that medical malpractice led to your brain injury, it’s crucial to seek legal advice as soon as possible. An attorney can help you evaluate your case, gather evidence, and take the necessary steps to pursue compensation.

Let's hold health care professionals accountable when their neglect severely injures or kills a loved one.

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