$6,250,000 Settlement for Cerebral Palsy birth injury
$5,000,000 Settlement for hospital negligence resulting in brain damage from hydrocephalus
$4,440,000 Settlement for pediatric failure to timely diagnosis kernicterus (hyperbilirubinemia)
$4,300,000 Jury Verdict for avoidable damage caused by stroke
$4,000,000 Settlement for pediatric failure to timely diagnosis meningitis
$3,000,000 Partial Settlement for pediatric failure to timely diagnosis kernicterus
$2,750,000 Settlement for emergency department failure to diagnose stroke
$2,500,000 Settlement for wrongful birth case (Vader's Syndrome)
$2,500,000 Settlement for negligent prenatal diagnosis (Canavan's Disease)
$2,450,000 Jury Verdict for negligent prenatal diagnosis (Sickle Cell Disease)
Serving New Jersey – Pennsylvania – Nationwide*
One of the most devastating results of medical malpractice is brain damage or injury. The effects of brain injury can range from mild cognitive impairment to a persistent vegetative state, and even death, and may or may not include physical impairment. For those who survive and are conscious, the emotional and psychological impact is often unbearable.
Brain damage caused by medical malpractice is usually the result of lack of oxygen to the brain, rather than traumatic brain injury. Medical mistakes which can cause brain injury include:
- Anesthesia error
- Heart attack misdiagnosis
- Stroke misdiagnosis
- Birth injury
- Permitting Kernicterus to occur in the newborn
- Medication error
- Untreated brain infections
Anesthesia error can cause brain injury principally by causing a shortage of oxygen to the brain, or allowing such a condition to persist until brain cells are destroyed.
Heart attack and stroke also cause reduced oxygen to the brain. Heart attack and stroke diagnosis should be followed by the administration of oxygen to prevent brain injury. In addition to oxygen deprivation, a stroke can cause the release of chemicals which kill brain cells. Quickly diagnosing and treating a stroke can stop the release of these chemicals and the damage they cause.
Brain injuries sustained during birth can be due to lack of oxygen or trauma. Medical errors causing birth brain injuries include:
- Failure to diagnose and treat medical problems in the mother
- Administration of improper medications during pregnancy and/or delivery
- Failure to monitor fetus and respond to fetal distress
- Failure to perform a timely c-section
- Improper use of delivery instruments including forceps and vacuum
- Failure to give oxygen to newborns when needed
Medication errors can cause reduced breathing and heart rate from overdose, causing oxygen deprivation, and allergic reactions or harmful drug interactions.
The failure to timely diagnose and treat brain infections can result in unnecessary brain damage and injury. Brain infections include:
- Cerebral cysticercosis
Secondary brain injury
In addition to brain injuries caused by malpractice, misdiagnosed brain injuries can lead to more serious injuries and death. Second impact syndrome is a term for sustaining a second traumatic brain injury before the first has healed, and it is far more likely to cause permanent damage or death than a single impact of the same magnitude. When a person is suffering from a brain injury they are at a very high risk for incurring another one because the nature of brain injury makes person likely to have an accident. Loss of coordination, dizzy spells, fainting, blackouts and confusion are among the many symptoms which can cause an accident. Epileptic seizures are a very common cause of second impact syndrome. Over half of all traumatic brain injury victims will develop epilepsy within one year of their injuries.
Compensation for brain damage and injury caused by medical malpractice
Permanent brain damage and injury can mean sudden financial, emotional, and physical hardships for patients and their families. Even though it might be difficult to think about seeking legal help during this time, there are time limits for taking legal action. Also, in many cases you will need the compensation that you deserve as soon as possible.
If you or a loved one has experienced serious brain injury or death which you believe may have been due to brain damage or injury caused by medical malpractice, you may be entitled to compensation including:
- Current and future medical bills
- Long-term disability
- Current and future loss of wages
- Long-term care expenses
- Loss of enjoyment of life
- Pain and suffering
- Burial expenses
- Loss of companionship
Collectively, New Jersey medical malpractice lawyers Michael L. Weiss, Esq. and Robert E. Paarz, Esq. have presented over 65 birth injury cases to juries, and have helped many families obtain the financial assistance needed to lessen or eliminate the financial burden caused by these injuries. They are committed to using their knowledge and experience to help the victims of preventable birth injuries obtain fair compensation. If you believe your child may have experienced such an injury, please contact Weiss & Paarz, P.C., today.
*The firm handles cases in New Jersey and Pennsylvania. For cases outside those states, Weiss & Paarz works with local attorneys in the state where the medical care took place, at no additional cost to the client.