Brain Injuries And New York Medical Malpractice: A Horrific Combination

Medical Malpractice Mistakes

There are many different types of injuries which could be caused by a negligent healthcare provider to a patient which result in a valid medical malpractice claim. No injury is worse than a brain injury. These types of injuries affect an entire person’s wellbeing, from autonomous processes such as heartbeat and breathing, to memory and problem solving abilities. Unfortunately, the brain is an organ that, once damaged, has a very difficult time healing itself. Any damage to the actual brain tissue itself is usually permanent.

Brain injuries can occur in a number of different ways. Some of the most basic brain injuries occur when a patient is identified as a fall risk, but then not guarded against falls. If the patient gets up when he or she is not supposed to and falls, lands on his or her head and sustains a brain injury, that is medical malpractice.

Another common type of brain injury is one through a birth injury. A baby is very precious and very vulnerable both before and after birth. If the baby is in distress due to cord compression, excessive contractions, prolonged contractors, overly strong contractions, or forcibly pulled, there could be oxygen deprivation. This can cause serious injury to the brain and cerebral palsy. These injuries to a baby’s brain are almost always permanent, and never fair to the poor baby. These are clear medical malpractice cases.

Similarly, a patient could suffer oxygen deprivation during a surgical procedure. The patient will be anesthetized and unconscious, and an airway needs to be secured and a tube pumping oxygen placed therein. If the patient is not getting enough oxygen, the patient cannot speak for him or herself to let the medical professionals know—he or she is anesthetized! This can cause very serious damage to a person’s brain, particularly if it is a lengthy surgery and the patient is anesthetized for a long period of time without proper oxygen.

Also related to surgery, an improper overdose of administration of anesthesia or painkillers can cause very serious brain injuries. PCA pumps, which administer morphine to patients after some surgeries, can be calibrated wrong, break, leak, or overdose a patient resulting in too much morphine which can permanently damage a person’s brain.

Other types of brain injuries can occur during a surgery due to a slip of the hand, improper usage of a tool, broken tool, or unnecessarily risky procedure. Additionally, if a patient comes to the emergency department with a head injury and the medical team fails to diagnose the condition and relief pressure on the brain in a timely fashion, this too can result in a brain injury which results in permanent damage.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at