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Brain Injuries as a Result of Malpractice in New York

Brain injuries can have devastating consequences for a patient. Unfortunately, brain injuries are sometimes results of a doctor, nurse, or medical staff making a mistake or omitting a necessary step in a procedure. If you or someone close to you has suffered a brain injury due to a medical professional’s negligence, it is important to reach out to a skilled Syracuse brain injury attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping our clients pursue the compensation they deserve for their harm.

A traumatic brain injury (TBI) generally arises from a blow to the head or something entering the skull. These injuries can range from mild to severe. Brain injuries can be extremely serious, and the results can be devastating, including the loss of motor function, life-long health issues, or even death. Unfortunately, brain injuries are more common than you may think. According to the Centers for Disease Control (CDC), TBI affects 1.4 million people annually in the United States. The CDC also reports that more than 50,000 annual deaths occur due to brain injuries each year, and about 280,000 hospitalizations take place due to TBI complications. While TBI can have many causes, one cause is medical malpractice.

Many medical procedures, especially those in which you receive anesthesia, run the risk that you may be deprived of oxygen. When your brain is deprived of oxygen, a brain injury can occur. If you have suffered a brain injury due to a medical professional’s error or carelessness, you may be able to file a medical malpractice claim against the at-fault party. Not every adverse medical outcome is a result of medical malpractice. Instead, medical malpractice occurs when a doctor, nurse, or other health care provider fails to care for a patient in accordance with the accepted standard of care, and the patient is injured as a result. To establish medical malpractice, a plaintiff must demonstrate the following elements:

  • The plaintiff was under the care of a physician (i.e., a doctor-patient relationship existed);
  • The physician failed to act as a reasonably prudent and appropriately trained physician in the same specialty would have acted; and
  • The plaintiff was injured as a direct result of the physician’s conduct.

It is important to note that medical malpractice can also be a result of inaction as opposed to action. In other words, a physician’s failure to act when there is a duty to do so can also form the basis of a malpractice claim.

If you or your loved one has suffered a brain injury while in the care of a medical professional, you need to reach out to a seasoned Syracuse brain injury attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to navigate complex medical malpractice claims and can apply our knowledge to your case. You can rest assured that we will protect your rights and help you advocate for the compensation you deserve for your injuries. We also have offices in New Hartford, Rochester, Oneida, Watertown, Cortland, and Oswego. To discuss your case in more detail, call us at 315-479-9000 or contact us online.

More Blog Posts:

College Lacrosse Athlete Files Orthopedic Malpractice Lawsuit Following Knee Surgery, Syracuse Personal Injury Blog, November 29, 2017

Discovery of Medical Center Emails at Issue in Lawsuit over Experimental Surgery Gone Wrong,  Syracuse Personal Injury Blog, November 23, 2017

United States Government Seeks Indemnification For Birth Fatality Malpractice Claim Against Obstetrician, Syracuse Personal Injury Blog, November 17, 2017

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