Each New York Brain Injury Lawyer in our firm is well aware that according to the Centers of Disease Control, there are 1.7 million traumatic brain injuries every year. The New York Department of Health states that 2,000 New Yorkers die from these injuries, and another 18,000 are hospitalized for their injuries. This type of head injury can vary in severity from a brain contusion to a more severe skull injury such as a skull fracture or subdural hematomas.
Some of these injuries may need surgical intervention. One form of surgery used as treatment for traumatic brain injury is a craniotomy. A craniotomy is a surgery performed by a neurosurgeon in which the surgeon temporarily removes part of bone from the skull to allow access to the brain.
This surgery can be performed under general anesthesia but can also be performed while the patient is awake using only local anesthesia. After the procedure, the bone flap is replaced using plates and screws.
A craniotomy differs according to size and complexity. Some craniotomies are small and are referred to as key hole or burr hole craniotomies. During these minimally invasive procedures, a neurosurgeon may use a computer system or endoscope to direct instruments through small holes to insert a shunt to drain cerebrospinal fluid (brain swell), to insert a simulator to treat Parkinson Disease, insert a monitor for intracranial pressure, take a needle biopsy, drain a blood clot or remove small tumors. A larger and more complex craniotomy is sometimes called a skull base surgery. This surgery removes the portion of the bone that supports the bottom of the brain. In this case, the skull base may need to be reconstruction and may need the experience and expertise of additional specialized surgeons. A skull base craniotomy may be used to remove or treat brain tumors or aneurysms or used to treat a traumatic brain injury following a skull fracture, gunshot wound or other brain injury.
In the United States, prevention of traumatic brain injuries is centered on preventing the offending accident. According to one of our New York Craniotomy Injury Lawyers, vehicle safety regulations and laws, such as requiring safety harnesses and seat belts, has decreased the rates of head injury and cases that involve permanent brain damage. Further, preventing this severe injury in children can be as simple as adequate supervision and requiring children to wear proper safety helmets and gear while participating in sporting events as well as to avoid a bicycle accident.
Although some prevention has provided a decrease in traumatic brain injury, the most common cause of fatal traumatic brain injuries are caused by firearms. Fall-related brain injuries also have a high fatality rate of approximately 11%.
Another common reason for a traumatic brain injury is due to an accident caused by negligence. These accidents take place in many scenarios, and can include car accidents, motorcycle accidents and construction accidents. In order for the cause of action of negligence to be present, there must be four elements. The defendant must have owed a duty to care to the plaintiff, or injured party. That duty must have been breached, either by their actions or inactions. The breach must have been either a contributing or sole reason for the injury. This injury must have resulted in damages.
The state of New York is one of thirteen states that recognizes comparative negligence. New York Civil Practice L & R 1411 states that the plaintiff’s damages will indeed be reduced by their percentage of liability in the accident, but their recovery will not be barred entirely.
If you have lost a loved one due to a traumatic brain injury or if they are suffering from a traumatic brain damage, contact our office at 800.696.9529 to schedule an appointment with our experienced New York Brain Injury Lawyers. Or you may contact us online or stop by one of our many office locations convenient to you.
It is important to take prompt action, as there are specific time deadlines that must be adhered to in order to preserve your claim. This is known as the statute of limitations, which is set forth in NY CPLR 214-a. The filing deadline will be determined by the cause of action in your case. Generally speaking, if you have a case involving negligence for instance, pursuant to New York law you will have three years to file a claim.
Stephen Bilkis & Associates, PLLC has offices located throughout the New York area in Manhattan, Queens, Bronx, Staten Island, Brooklyn, Westchester County and in Long Island in Suffolk and Nassau County.