One family has been awarded over $23.1 million in a medical malpractice suit for a baby who has ongoing health issues due to birthing complications. The child reportedly suffered brain injuries due to the negligence of a neonatologist. Although this case was not in Louisiana, similar medical malpractice suits are filed in the state every year.
Under Louisiana law, medical malpractice occurs when a patient is injured due to a negligent act or omission of a doctor or other health care provider. The provider can be held liable, meaning that the provider will have to compensate the patient for his or her injuries. If you or a loved one suffered a brain injury, you may be wondering whether you can sue for medical malpractice. To help you understand your options, this post will explore the various types of brain injuries.
As have several professional athletes before him, former New Orleans Saints’ quarterback Kenny Stabler’s arranged to donate his brain and spinal cord after his death to the study of degenerative brain disease in athletes. His family also asked that donations in the Snake’s name be made to the XOXO Stabler Foundation which supports research of sports-related head trauma.
Most often when one sees or hears the term "brain injury" it is used in connection with traumatic brain injuries. As the name suggests, these kinds of brain injuries are the result of some physical impact affecting the brain. This can be the result of an external force, such an an object piercing the skull and striking the brain, or more often the result of the brain being subject to forces within the cranium, such as bruising, or a concussion that might follow a fall or a car accident.
Brain injuries in the United States are both common and potentially devastating. More than 50,000 people die each year from the effects of traumatic brain injury, and another 2.5 million visits are made by patients to hospital emergency rooms are related to TBI.
The human brain can be a study in contradictions: despite all of its power, it can also be quite fragile and susceptible to injury, especially traumatic injuries. It is this vulnerability to injury that can make recovery from a traumatic brain injury not only time-consuming, but it can also be extraordinarily expensive.
Most of us rely on medical care when we believe something may be wrong or if an emergency situation occurs. We believe that the doctors, nurses, surgeons, pharmacists, and other health care professionals will treat and save us, and certainly not cause further problems or even fatal outcomes. But sometimes, a physician error occurs that can have a horrific result – such as a traumatic brain injury.
Through greater medical research and awareness, the diagnosis of a concussion has become more commonplace over the past few years. Where 20 years ago a person who had suffered a concussion might be told to "walk it off," now the general medical community treats concussions with greater care and a serious tone. Concussions are classified as brain injuries and are no longer dismissed as something that will clear up on its own.
The brain is one of the most sensitive and delicate organs in the human body. Our society's recognition of the seriousness of brain injures is reflected in efforts to avoid them, such as the mandatory use of helmets in certain sports like baseball and as well as the law in Louisiana making it compulsory for motorcyclists to wear a helmet. Still, despite the precautions, brain injuries remain something that claim many accident victims every year.