Articles Posted in Brain Injury

A medical malpractice lawsuit filed under the Federal Tort Claims Act (FTCA), which allows people to sue the federal government for medical malpractice committed at federally funded clinics, was recently decided in favor of the family of a 6-year-old boy who suffered brain damage at birth. As a result of the brain damage injury, the child was rendered a quadriplegic with cerebral palsy. The lawsuit was brought in federal court against the U.S. Government because the negligent doctor worked for a federally funded clinic. The $29.1 million verdict will be off-set by a $6.5 million settlement previously reached with the hospital.

Other claims allowed under the FTCA include those brought by dependents of active duty military members (active duty military personnel cannot sue the government for medical negligence at this time) who are injured or die as a result of medical malpractice by military medical personnel. The attorneys at Pierce & Thornton have successfully handled medical negligence cases against the federal government and have experience in federal court, which is where FTCA cases must be filed. If you have questions regarding potential malpractice committed at a VA facility or other federally funded clinics, call one of our attorneys at Pierce & Thornton for a free consultation.

It has been estimated that approximately 1.5 million people sustain a traumatic brain injury every year. Brain injuries often occur in the setting of car or tractor-trailer crashes, but they also can occur in bicycle and motorcycle accidents, slip and falls and medical negligence cases where surgical error or birth injury has occurred. At Pierce & Thornton, we have experience in representing brain injury clients, and we will work to maximize the recovery for our brain injured clients and their families, because the money is often necessary to support the patient and pay for rehabilitation.

The Brain Injury Association of America reports that at least 50,000 of those people die annually from their brain injury while another 80,000 have long-term disabilities with which to contend. The medical cause, diagnosis and treatment of brain injury is a specialized area of medicine, and it is important for the patient to receive necessary neuropsychological testing and training to minimize, if possible, the effects of the brain injury.

Common symptoms of a traumatic brain injury include loss of memory, change in personality, blurred vision, ringing in the ears, severe headache, dizziness, nausea and vomiting. Often times, these symptoms are misdiagnosed as post-concussion syndrome, when, in fact, the injury is much more significant and long-lasting.