Brain damage can be caused by a variety of reasons. A baby may be born with brain damage due to a genetic issue. A traumatic brain injury can be caused when the victim suffers a violent blow to the head. However, brain damage can also be caused when a doctor makes a mistake during a surgical procedure. The result of this type of medical malpractice is that the normal functioning of the victim’s brain is disrupted, causing the victim to suffer a variety of symptoms. Some victims are left with permanent disabilities, while other victims do not survive. If you or someone you love are in need of an injury attorney due to brain damage sustained during a botched surgical procedure, it is critical that you immediately contact an experienced New York brain damage lawyer who will help make sure that the negligent doctor is held accountable for his or her medical mistake.
Brain damage caused by a surgical errorBrain damage that occurs during a surgical procedure is typically the result of a lack of oxygen to the brain. When the brain does not receive adequate oxygen, brain cells die. This type of brain injury is called anoxic brain injury. Brain cells start to die within minutes of being deprived of oxygen. Eventually the victim will fall into a coma, become “brain dead”, and will ultimately pass away.
During surgery, the patient’s blood pressure and other vital statistics must be carefully monitored by the anesthesiologist and other the other surgical staff. If the vitals show that the patient has fallen into distress, it is up to the medical staff to take immediate measures to correct the problem. Failure to do so can result in the patient suffering a heart attack, a stroke, oxygen deprivation, and other complications that can ultimately lead to brain damage.
Another type of brain damage due to a surgical error includes making a mistake during brain surgery that leads to excessive bleeding.
Pursuing compensation for a brain injuryAs a New York brain damage lawyer will explain, if a brain injury is the result of a medical mistake, the victim or the victim’s representative has the right to file a claim against the negligent medical professional. Medical mistakes that lead to a lack of oxygen to the brain can be tragic. Many victims never regain consciousness and end up brain dead. Other surgical errors leave victims with significant problems such as paralysis, speech problems, blindness, memory loss, and cognitive deficits. Through a medical malpractice claim, the negligent doctor can be held liable for the mistakes. Compensable damages include the medical bills associated with the medical error, lost wages, loss of future earning capacity, and pain and suffering.
Examples35-year old Elena experienced stomach pain. Her husband accompanied her to the local hospital for an endoscopy. An endoscopy is a procedure whereby an endoscope is placed down the throat in order to view inside the body. Soon after the procedure began Elena went into cardiac arrest and the oxygen flow to her brain’s decreased. As a result she suffered brain damage. As a result, Elena lost the ability to see, was paralyzed, and was unable to communicate. She required round the clock care at a nursing facility. With the help of a brain damage attorney in New York, Elena’s husband filed a medical malpractice lawsuit against the hospital and the anesthesiologist, arguing that the anesthesiologist administered the anesthesia incorrectly and that other medical staff failed to properly monitor Elena.
55-year old Carrie underwent routine surgery to remove her thyroid. Because of a mistake made by the anesthesiologist, the flow of oxygen to Carrie’s brain stopped. Efforts to revive her failed and Carrie had to be placed on life support. Carrie’s husband filed a medical malpractice claim against the anesthesiologist arguing that his negligence resulted in Carrie’s brain damage.
Contact the Law Offices of Stephen Bilkis & AssociatesIf you or someone you love suffered a serious brain injury due to a mistake made during a surgical procedure, you may be entitled to compensation to help you pay for your medical expenses, lost pay, and other losses. The brain damage attorneys serving New York at the Law Offices of Stephen Bilkis & Associates have the skill and resources to help ensure that your legal rights are protected and that you receive fair compensation for the losses you and your family suffered. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.