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Aaron House

Different Legal Approaches for Different Kinds of Brain Injuries

Traumatic Brain Injuries and Acquired Brain Injuries affect about 2.5 million Americans every year. These injuries kill about 50,000 of these victims, and a significant number of these individuals die within two hours.

Despite the prevalence and severity of these injuries, doctors often do not treat them promptly or properly. Since most brain injuries are progressive, the victim’s condition quickly deteriorates. As a result, the injury is much more difficult to treat.

Note that we said “treat” and not “cure.” Brain injuries are permanent. Once brain cells die, they do not regenerate. So, a Kansas City personal injury lawyer is often able to obtain substantial compensation in these cases.

Acquired Brain Injuries

Medical negligence causes a number of ABIs. Many chronic conditions, like heart disease, diabetes, and epilepsy, could cause brain injuries. Doctors should be able to detect and react to brain injuries, but they often dismiss initial symptoms, like confusion, as early-onset dementia or stress.

Lack of evidence is often at the root of misdiagnosis issues. When they describe their symptoms, doctors only listen to their patients for about seven seconds before they interrupt or redirect them. Additionally, some doctors do not order a full array of diagnostic tests, because they are afraid the insurance company will not pay for them. The lack of information significantly harms the patient.

A specific kind of brain injury, cerebral palsy, is an issue among newborns. During birth, if the brain is deprived of oxygen, perhaps because the umbilical cord puts pressure on the baby’s neck, permanent brain damage could set in after just five minutes.

Since the clock is ticking, many delivery doctors panic. Instead of making good decisions, they use unproven birth assistance devices, like vacuum extractors and forceps, which frequently make the problem worse.

Doctors have a fiduciary duty toward their patients. Since the duty is so high, when doctors err, substantial compensation may be available.

Traumatic Brain Injuries

Similarly, a lack of care causes most TBIs. Vehicle collisions cause most of these injuries. Car crashes also illustrate the two most common legal theories in TBI claims, which are:

  • Ordinary Negligence: Drivers have a duty of reasonable care. They must drive defensively and avoid accidents when possible. If they fail to do so, they could be financially responsible for damages.
  • Negligence Per Se: Drivers also have a duty to obey the rules of the road. If drivers speed, drive drunk, or violate other safety laws, and the violation substantially causes injury, the driver might be liable for damages as a matter of law.

Falls and assaults also cause a number of Traumatic Brain Injuries in Missouri. Roughly the same negligence principles apply in these cases. Property owners are usually legally responsible for these injuries if they owed a duty of care to the victim and the owner knew or should have known, about the hazard or risk.

Count On a Dedicated Attorney

If you have been injured due to another person’s negligence, call Aaron House at 816-875-4260 today for a free consultation.

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Related Posts: Top Five Causes of Brain Injuries What is the Difference Between Acquired Brain Injuries and Traumatic Brain Injuries? Top Three Causes of Brain Injuries

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