The timely identification of neurological harm is one of the most critical responsibilities healthcare providers bear, and when that responsibility is neglected, the consequences can alter a patient’s life forever. A delayed brain injury diagnosis can prevent individuals from receiving the monitoring, surgical intervention, or medication necessary to prevent further damage. When delay occurs because a medical professional overlooks key symptoms, misreads diagnostic tests, or fails to order appropriate imaging, the resulting harm may be grounds for a medical malpractice lawsuit. If you or a loved one experienced devastating injuries because of a delayed brain injury diagnosis, you may have the right to seek compensation, and you should speak with a knowledgeable attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys have extensive experience litigating complex brain injury claims, and if we represent you, we will pursue every avenue of recovery. We routinely advocate for injured patients throughout Syracuse, Rochester, and Upstate New York.
The Consequences of a Delayed Brain Injury DiagnosisBrain injuries often arise from trauma, oxygen deprivation, stroke, infection, or complications from surgery or medication. Because the brain is highly sensitive to swelling, bleeding, and restricted blood flow, prompt recognition is essential. When a provider disregards signs such as confusion, persistent headache, abrupt behavioral changes, declining coordination, or abnormal vital signs, the underlying injury can worsen rapidly. Likewise, when a clinician fails to order a CT scan or MRI at the appropriate time or misinterprets the results of such imaging, the opportunity to intervene may pass.
The consequences of a delayed brain injury diagnosis may include irreversible cognitive impairment, paralysis, chronic neurological disorders, communication deficits, or even death. Victims of such oversights often face prolonged hospitalizations, extensive rehabilitation, and significant long-term care needs. In many instances, the delay deprives the patient of the chance to recover function that could have been preserved with proper and timely medical attention.
Proving Liability for a Delayed Brain Injury DiagnosisWhen a harm stems from a delayed brain injury diagnosis, the injured party typically must prove that a medical professional’s negligence caused the harm suffered in order to recover damages in a medical malpractice lawsuit. Under New York law, this requires the plaintiff to establish four elements: duty, breach, causation, and damages. Duty generally arises when a provider–patient relationship is formed, obligating the healthcare professional to provide treatment in accordance with the accepted standard of care. This standard represents the level of skill, attention, and diligence that a reasonably competent practitioner in the same specialty would employ under similar circumstances. To demonstrate a breach of this duty, the plaintiff must show that the defendant failed to act as a reasonably competent practitioner would have. In the context of delayed diagnosis, this may involve failing to recognize neurological symptoms, neglecting to order appropriate imaging, or misinterpreting CT or MRI results. Because these issues require specialized medical knowledge beyond the average juror's understanding, expert testimony is almost always required to explain what the provider should have done and how the conduct deviated from accepted practice.
Causation requires proof that the breach directly resulted in the plaintiff’s losses. In cases involving brain damage, experts may testify that earlier intervention would likely have prevented swelling, preserved blood flow, or reduced the severity of the neurological deficit. The plaintiff must also establish measurable damages. In New York, recoverable damages include economic losses such as hospital bills, rehabilitation expenses, the cost of long-term care, lost income, and diminished earning capacity. Non-economic damages may include pain and suffering, mental anguish, and loss of enjoyment of life.
Meet With a Knowledgeable Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkA delayed brain injury diagnosis can irrevocably alter a person’s health, independence, and quality of life. Medical providers who fail to promptly identify brain injuries place their patients at significant risk, and the law allows those harmed by such negligence to pursue financial recovery. If you or someone you love suffered because a doctor failed to diagnose a brain injury in a timely manner, seeking legal guidance is vital. At DeFrancisco & Falgiatano Personal Injury Lawyers, our knowledgeable Syracuse medical malpractice attorneys dedicate their careers to advocating for patients harmed by medical negligence, and if you engage our services, we will vigorously pursue the justice you deserve. We regularly assist individuals in medical malpractice matters throughout Syracuse, Rochester, and Upstate New York. You can contact us today to schedule a free, confidential consultation via our online form or by calling 833-200-2000.