Surgical procedures involving the brain require the utmost precision and expertise to mitigate the likelihood of injury to delicate tissues and vital structures. While brain surgeries are inherently risky procedures, a doctor who fails to follow proper protocol may make a mistake that causes catastrophic wounds. Brain injuries caused by surgical errors are often the devastating yet avoidable consequences of medical malpractice, and people who suffer such injuries are entitled to seek justice for their harm. If you were injured by medical negligence during a brain surgery, it is smart to confer with an attorney regarding your options. The seasoned Baltimore medical malpractice attorneys of Arfaa Law Group are well-informed on what it takes to prevail in cases against reckless physicians, and if we represent you, we will advocate zealously on your behalf.
Brain Injuries Caused by Surgical ErrorsBrain injuries resulting from surgical errors can have devastating consequences. For example, improper handling of surgical instruments or excessive force during surgery can lead to TBI, which can cause cognitive, motor, and emotional impairments. Hematomas, which often arise from surgical trauma or improper closure of blood vessels, can put pressure on the brain, leading to neurological deficits or even death.
Cerebral edema, another consequence of surgical trauma, can escalate intracranial pressure, further damaging brain tissue. Additionally, inadequate sterilization techniques can lead to infections that cause inflammation and damage, exacerbating neurological symptoms.
Recovering Damages for Brain Injuries Caused by Surgical ErrorsThe consequences of brain injuries caused by surgical errors can be profound, affecting not only the patient's physical and cognitive abilities but also their quality of life and long-term prognosis. As such, doctors who make such mistakes will often be deemed accountable for the losses they cause via medical malpractice claims.
As the surgical errors that lead to brain injuries are often the result of careless, rather than intentional, acts, most plaintiffs pursuing medical malpractice cases for such losses will assert negligence claims against their defendants.
Pursuant to Maryland law, to show negligence, the plaintiff must first show that the defendant owed them a duty. This duty, which is based on the relationship between the parties, is to provide competent medical treatment to their patients in accordance with the applicable standard of care. Next, the plaintiff must show that the defendant breached the standard of care by failing to act as expected under the circumstances.
The plaintiff then has to establish a direct link between the defendant's breach of duty and the plaintiff's injury or harm. This typically requires demonstrating that the defendant's actions, or lack thereof, were a substantial factor in causing the harm suffered by the plaintiff.
Finally, the plaintiff has to prove they suffered damages or actual harm. These damages can be physical, emotional, or economic in nature.
Expert testimony is typically necessary to describe the standard of care for the judge or jury and demonstrate how the defendant breached the standard. Expert testimony is also usually needed to demonstrate a link between the defendant’s behavior and the plaintiff’s losses and to establish the plaintiff’s damages.
If the plaintiff convinces the judge or jury that the defendant committed malpractice, they may be awarded compensation for the financial losses, which may include medical bills, out-of-pocket expenses, and loss of income, as well as for their intangible harm, like suffering, pain, and emotional trauma. If the plaintiff was married when their injuries arose, their spouse may be able to recover damages for loss of consortium as well.
Meet With an Experienced Baltimore AttorneyBrain injuries can cause lifelong deficits, and when they are the result of a carelessly performed surgery, the responsible parties should be held accountable. If you or a loved one sustained brain injuries caused by surgical errors, you may be owed compensation, and it is in your best interest to speak to an attorney. The experienced Baltimore lawyers of Arfaa Law Group are proficient at helping people pursue complex claims against health care providers, and if you hire us, we will work tirelessly to help you seek a good outcome. Our office is located in Baltimore, and we routinely represent parties in the medical malpractice claims throughout the city. You can contact us at 410-889-1850 or through our online form to arrange a meeting.